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FL S7046

FL S7046
Homeowners' Associations


summary

Introduced
02/01/2024
In Committee
02/01/2024
Crossed Over
Passed
Dead
03/08/2024

Introduced Session

Potential new amendment
2024 Regular Session

Bill Summary

An act relating to homeowners’ associations; amending s. 720.303, F.S.; conforming a cross-reference; providing criminal penalties for directors or members of the board or association who fail to maintain and make available specified records; defining the term “repeatedly”; providing criminal penalties for persons who knowingly and intentionally deface, destroy, or fail to maintain specified accounting records; providing criminal penalties for persons who willfully and intentionally refuse to release certain records for specific purposes; authorizing a parcel owner or any occupant, licensee, or invitee of the parcel owner to make a written request to the board for a detailed accounting of any debts owed to the association; requiring the board to provide such information within a specified timeframe; prohibiting subsequent requests from being made within a specified period after the initial request; requiring the board to waive all outstanding fines if it fails to provide a detailed accounting within a specified timeframe when such fines owed are past due more than a specified number of days; prohibiting an association and its officers, directors, employees, and agents from using a debit card issued in the name of the association for specified purposes; defining the term “lawful obligation of the association”; requiring the board to provide a detailed accounting within a specified timeframe upon written request by certain persons; prohibiting such persons from making more than one request within a specified time period; requiring the board to waive certain outstanding fines owed to the association by such persons if the board fails to respond within a specified timeframe; amending s. 720.3033, F.S.; providing criminal penalties for certain actions by an officer, a director, or a manager of an association; requiring that a director or an officer be removed from office and a vacancy declared for certain actions taken; amending s. 720.3035, F.S.; prohibiting an association or any architectural, construction improvement, or other such similar committee of an association from enforcing or adopting certain covenants, rules, or guidelines; requiring an association or any architectural, construction improvement, or other such similar committee of an association to provide a parcel owner with an appeals process under certain circumstances; making technical changes; amending s. 720.3045, F.S.; prohibiting a homeowners’ association from restricting residents from installing certain vegetable gardens and clotheslines under certain circumstances; amending s. 720.305, F.S.; revising the fines prohibited from being aggregated to create a lien against a parcel; requiring that certain notices be provided to parcel owners; requiring that certain hearings be held within a specified timeframe; authorizing that such hearings may be conducted by telephone or other electronic means; providing a specified timeframe after a hearing for a committee to send a parcel owner certain information related to a violation; requiring the committee to provide written notice to the parcel owner within a specified timeframe after the hearing; revising what information must be included in such written notice; requiring that the date the committee sets for payment of a fine be a specified time after delivery of the required notice to the parcel owner; deleting a specified timeframe that a fine is due after notice to the parcel owner is mailed or hand delivered; specifying the priority of applying payments made by a parcel owner to an association; prohibiting the accrual of attorney fees and costs before a specified time; prohibiting attorney fees and costs from continuing to accrue after a fine is paid; prohibiting certain fines levied to become a lien on the parcel; authorizing certain persons to request a hearing to dispute certain fees and costs; prohibiting an association from retroactively applying a fine or imposing a suspension for certain actions; providing an exception; prohibiting an association from enforcing certain rules or covenants under certain circumstances; conforming a cross-reference; amending s. 720.3065, F.S.; providing criminal penalties for certain voting violations; providing applicability; making technical changes; amending s. 720.3075, F.S.; prohibiting certain homeowners’ association documents from precluding property owners or tenants, guests, or invitees from taking certain actions; prohibiting homeowners’ association documents from limiting or requiring certain actions; amending s. 720.3085, F.S.; deleting provisions relating to the priority of certain liens, mortgages, or certified judgments; amending s. 720.318, F.S.; prohibiting an association from prohibiting certain law enforcement officers from parking their assigned vehicles on public roads and rights-of-way; providing an effective date.

AI Summary

This bill makes several changes to the laws governing homeowners' associations in Florida. Key provisions include: - Imposing criminal penalties for directors, board members, or association managers who fail to maintain or make available required records, or who knowingly destroy or fail to maintain accounting records. - Allowing parcel owners to request a detailed accounting of amounts owed to the association, and requiring the association to provide this information within 15 business days or waive any outstanding fines over 30 days past due. - Prohibiting associations from using debit cards for expenses not pre-approved by the board. - Allowing parcel owners to install certain items like vegetable gardens and clotheslines that are not visible from the parcel's frontage or an adjacent parcel. - Modifying the fining and suspension process, including requiring hearings within 30 days and applying payments first to fines. - Prohibiting associations from enforcing certain covenants or rules, such as limiting landscaping to grass-only lawns or requiring watering schedules. - Allowing law enforcement officers who are parcel owners to park their assigned vehicles in areas where parcel owners have a right to park, including on public roads. The bill is intended to provide more transparency and protections for parcel owners in their dealings with homeowners' associations.

Sponsors (1)

Other Sponsors (1)

Regulated Industries (Senate)

Last Action

Died in Rules (on 03/08/2024)

bill text


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