Major update for Florida condo owners in midst of crisis

Fed-up Florida homeowners just scored a rare win after years of skyrocketing costs.

Beginning July 1, a fresh regulation will control homeowners associations (HOAs) which have long been criticized for unexpectedly charging residents with fees and penalties for minor violations.

Recently, Governor Ron DeSantis approved HB 1203, introducing extensive changes geared towards enhancing the transparency and reducing the interference of HOA boards.

According to the updated regulations, any HOA that oversees over 100 houses or condominiums must publish important documents such as budgets, agreements, and regulations on a website accessible to the public by January 1.

Board members and property managers will also have to complete 4 to 8 hours of state-approved education each year. 

And homeowners must now get at least 14 days’ notice, along with an agenda, before any board meeting. 

The changes are being welcomed by property owners who say they’ve been blindsided with arbitrary violations and ballooning fees with little warning or recourse.

And this could be just the beginning of nitpicky HOAs. Lawmakers have signaled more limits may be on the way, in Florida and other states. 

Going forward, HOA boards will have fewer ways to demand more money from residents or bother them with nitpicky complaints and fines

Going forward, HOA boards will have fewer ways to demand more money from residents or bother them with nitpicky complaints and fines

Florida law now requires more transparency and financial responsibility from associations

Florida law now requires more transparency and financial responsibility from associations

A new law Florida Gov. Ron DeSantis signed with the aim of tighter regulations over Homeowner Association Fees will go into effect July 1

A new law Florida Gov. Ron DeSantis signed with the aim of tighter regulations over Homeowner Association Fees will go into effect July 1

They can no longer ban residents from parking non-commercial, personal or work vehicles on the property. Also exempted now are first responder vehicles.

HOAs can no longer create rules for the interior of a home that is not visible from the street.

Now, plans for central air conditioning, refrigeration, heating or ventilation systems and changes or upgrades to adjacent common area or community golf courses require a review and approval.

HOAs can no longer prevent homeowners from having a vegetable garden that can’t be seen from the street, and they can’t fine residents for leaving garbage cans at the curb or end of their driveway within 24 hours of a scheduled trash collection.

Residents will no longer be fined for leaving up holiday decorations or lights longer than indicated in the HOA’s governing documents without prior notice.

Homeowners will have one week to take their decorations down after a written warning.

Florida lawmakers unanimously passed HB 1203 in March before DeSantis signed it.

‘This bill comes from a lot of listening to owners talk about how they know their building needs to be safe but pleading that the process be fair and workable,’ state Sen. Jennifer Bradley (R-Fleming Island), said at a press conference. 

Residents will no longer be fined for leaving up holiday decorations or lights longer than indicated in the HOA's governing documents without prior notice

Residents will no longer be fined for leaving up holiday decorations or lights longer than indicated in the HOA’s governing documents without prior notice

The condo market has been especially fragile due to rising homeowner¿s association fees, costs to upkeep the property, and tough new building laws

The condo market has been especially fragile due to rising homeowner’s association fees, costs to upkeep the property, and tough new building laws

Higher Home Owners Association (HOA) fees will be scrutinized going forward

Higher Home Owners Association (HOA) fees will be scrutinized going forward

The law comes as a relief to Floridians who have seen their HOAs skyrocket in the wake of the Surfside condo collapse in June 2021.

Laws now require structural inspections for condos and additional money to be set aside for repairs, leading to an increase in required payments.

More frequent natural disasters such as hurricanes and flooding have also led homeowners associations to raise fees in anticipation of repairs and mitigation needs.

Several retirement hotspots in Florida in particular have been hit with high spikes on their HOA fees on their condos.

Tampa, Orlando and Fort Lauderdale have all seen HOA rises of more than 15 percent in the last year, according to Redfin.

In Tampa, the median monthly HOA fee jumped 17.2 percent over the year to July 31, according to Redfin.

In Orlando, the fees soared by an average of 16.7 percent, and in Fort Lauderdale they rose by 16.2 percent, it found.

This is compared to an average hike of 6 percent across the 43 most populous metro areas which Redfin analyzed.

Many condos in Florida are decades old and were built long before modern safety codes

Many condos in Florida are decades old and were built long before modern safety codes 

Hurricane damage raises insurance rates, which raises HOA fees

Hurricane damage raises insurance rates, which raises HOA fees

HOA fees also rose in West Palm Beach by 12.8 percent, by 7.6 percent in Jacksonville and by 5.7 percent in Miami.

‘Many buildings – even those without amenities – now have HOA dues north of $1,000 a month,’ Rafael Corrales from Redfin said.

The HOA problem had gotten so out of hand in the Sunshine State that South Florida’s pandemic property boom has officially reversed.

After years of surging demand, the region’s real estate market is now flooded with listings as desperate homeowners rush to sell amid soaring costs and vanishing buyers.

According to a report from Cotality, the number of homes for sale across Miami-Dade, Broward, and Palm Beach counties has quadrupled since 2022 — hitting the highest level in nearly a decade.

‘The last 25 years have seen home prices, homeowners’ insurance, and property taxes surge in Florida,’ explains Cotality chief economist Selma Hepp.

‘When you add in the unflagging migration that is straining the state’s public services and inflated costs across the board, the pressure on the quality of life has become so great that it is beginning to tip the balance. Many households are finding it increasingly difficult to stay in the state.’

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