FLORIDA HOMEOWNERS’ ASSOCIATION (HOA) STATUTORY UPDATE

There have been many changes to the Florida Homeowners’ Association Act (Chapter 720, Florida Statutes) in 2023.  Directors, officers and owners should review the new laws: Chapter 2023-228 and Chapter 2023-64.  Here is a brief summary of some of the amendments:

1. § 720.3042(2) – Two “official” flags, respectfully displayed, are now allowed instead of one; the list of flags has been broadened to include first responder and law enforcement flags.
2. § 720.3045 – HOAs cannot restrict owners from installing, displaying or storing items on a lot (including artificial turf, boats, flags and RVs) if the items are not visible from the lot’s frontage or an adjacent parcel.
3. § 720.303(2)(c)1. – All board and ARC meeting notices must “specifically identify agenda items for the meeting”.  A sample HOA board meeting agenda is provided below.
4. § 720.303(4)(g) – Owners’ designated mailing addresses for all notices is their property address in the neighborhood unless the owner has provided specific written notice to the association stating otherwise.
5. § 720.303(8)(d) – All deposits given by owners to an HOA must be kept in a separate account and the HOA must provide an accounting of the deposit to the owner within 7 days upon request.
6. § 720.3033 – Clarifies conflict-of-interest rules and augments removal procedures for directors/officers charged with specified crimes (ballot forgery, theft of HOA funds, refusal to allow records inspection in furtherance of a crime, etc.)
7. § 720.305(2) – Clarifies that owners, along with their tenants, guests and invitees, may be fined for violating the declaration, bylaws or board-adopted rules. Alters the fine procedures in two major ways:
   • The initial fine notice sent to owners must include, among other things, the date and location of a hearing to contest the fine.
   • Notice of the committee’s decision must be sent to the fined owner by the committee instead of by the board of directors.
8. § 720.3065 – Defines fraudulent voting activities relating to HOA elections and specifies penalties.

In addition, the Florida Department of Business and Professional Regulations (Fla. DBPR) has, pursuant to § 720.30851 of the HOA Act, increased the estoppel fees that HOAs can demand:

Standard certificate – $299
Expedited certificate – An additional $119
Delinquent parcel – An additional $179

Sample Board Meeting Agenda

1. Call to Order
2. Verification of Notice and Quorum
3. Approval of last meeting’s minutes
4. Open Forum (Homeowners may speak for up to 3 minutes on any listed agenda item.  Speakers must observe proper behavior and rules of decorum.  Speakers may not transfer their time to others.)
5. Reports
6. Old Business (list each item of old business)
7. New Business (list each item of new business)
8. Topics raised by directors
9. Adjourn