By: Colby Keefe, Esq.

Another legislative session, another le

gislative update – and there is no shortage of changes this year. Some of the new laws affecting condominiums, homeowners’ associations, and the CAMs who manage them may seem out of left field. Others clearly seem to be enacted in response to notable news stories (including the Hammocks Community Association case in which former board members are facing charges of theft, fraud, and money laundering for allegedly engaging in various self-dealing and conflict of interest transactions for financial gain).

Board members would be well-advised to consult with legal counsel to confirm the extent to which the following legislative updates apply to their communities. There are many factors that affect the analysis of whether a new or revised law applies to a given community. For more information on determining whether new laws apply in your community, refer to our prior blog article, (“Do the new laws affect our community?”).

New laws affecting HOAs, condominiums, and CAMs

Whether you are a community association manager (“CAM”), a board member, or a member of the architectural control committee, the 2024 legislative session updates that anyone involved in the community association industry should be aware of. The information below is summary in nature, but is intended to highlight some of the biggest takeaways that affect CAMS, HOAs, and condominiums. The full text of the bills discussed, as enrolled into Florida law, can be found at the following links: House Bill 1203 (“HB 1203”); House Bill 1021 (“HB 1021”); House Bill 59 (“HB 59”); House Bill 293 (“HB 293”); and House Bill 1029 (“HB 1029”).

New laws affecting CAMs

• A CAM of an HOA must attend at least one membership meeting OR board meeting annually. (HB 1203)
• CAMs must provide the HOA members with the name and contact information for each CAM or representative of the CAM firm assigned to the HOA; must provide the CAM’s hours of availability; and must provide a summary of the duties for which the CAM is responsible. Any updates to this information must be provided to the HOA within 14 days after such change. (HB 1203)
• A CAM must provide a requesting HOA member a copy of the management contract between the CAM and the HOA. (HB 1203)
• An HOA director, officer, or manager who accepts a kickback will be subject to criminal penalties. (HB 1203)
• Every two years, a CAM that provides services to an HOA must complete at least 5 hours of continuing education that pertains specifically to HOAs, 3 hours of which must pertain to recordkeeping. (HB 1203)
• A CAM must return all community associate records within its possession within 20 days of the termination of a services agreement or a written request, whichever occurs first. (HB 1201)
• Imposes specific conflict of interest disclosure requirements and a process for associations to follow when approving contract with a CAM with a possible conflict of interest. (HB 1021)
• CAMs may receive criminal penalties for accepting a kickback and for fraudulent voting activities. (HB1021)

New laws affecting HOAs

• Directors elected or appointed after July 1, 2024 must take an education course administered by the Florida Division of Business and Professional Regulation or a Division-approved course, which will remain valid for four years before the director shall take another board certification course. Furthermore, directors in HOAs with less than 2,500 parcels must compete at least 4 continuing education hours annually, and directors in HOAs with 2,500 parcels or more must complete 8 hours of continuing education annually. (HB 1203)
• By October 1, 2024, an HOA must provide a physical or digital copy of the rules and covenants to every member of the HOA. All new member of the HOA must be provided a copy of the rules and covenants. Further, upon any amendment to a rule or covenant of the HOA, the updated version must be provided to every member of the HOA. The foregoing may be satisfied by posting a complete copy of the HOA’s rules and covenants on the homepage of the HOA’s website if the website is accessible to the members and notice is sent to each member to alert them to the posting on the website. (HB59)
• HOAs with 100+ parcels must post certain official records on the HOAs website or application by January 1, 2025. (HB 1203)
• HOAs must adopt written rules governing the method of retaining official records and length of such retention. (HB 1203)
• Gives parcel owners the right to make a written request for a detailed accounting of any amounts owed to the HOA, and the HOA must provide such information or else the board forfeits any outstanding fine under certain circumstances. (HB 1203)
• An HOA or its architectural, construction improvement, or other similar committee (ARC) cannot limit or place requirements on the interior of a structure if the underlying action or item cannot be viewed from the frontage of the property, adjacent property, the adjacent common area, or community golf course (HB 1203)
• An HOA or ARC may not require review and approval of plans and specifications for a central air-conditioning, refrigeration, heating, or ventilating system by the HOA or any ARC, or other such similar committee of an HOA, if such system is not visible from the property’s frontage, adjacent property, adjacent common area, or a community golf course, and is substantially similar to a system that is approved or recommended by the HOA or a committee. (HB 1203)
• An HOA may not prevent a homeowner from installing or displaying vegetable gardens and clotheslines in areas not visible from the frontage or adjacent properties, adjacent common area, or a community golf course. (HB 1203)
• An HOA director, officer, or manager who accepts a kickback will be subject to criminal penalties. (HB 1203)
• Certain voting activities related to HOAs is a first-degree misdemeanor. (HB 1203)
• HOAs must post, on their website, the name and contact information for each CAM or representative of the CAM firm assigned to the HOA; must provide the CAM’s hours of availability; and must provide a summary of the duties for which the CAM is responsible. (HB 1203)
• HOAs must adopt hurricane protection specifications for each structure or improvement on a parcel (such as color and style of hurricane protection products). The board of directors or architectural review committee may not deny an application for hurricane protection improvements which confirm with the specifications adopted. The board or committee may, however, require a parcel owner to adhere to an existing scheme of the external appearance of buildings. (HB 293)

New laws affecting condominium associations

• Directors elected or appointed after July 1, 2024 must take an education course administered by the Florida Division of Business and Professional Regulation or a Division-approved course, which must be at least 4 hours long and include instruction on milestone inspections, structural integrity reserve studies, elections, recordkeeping, financial literacy and transparency, levying of fines, and notice and meeting requirements. Existing board members will have until June 30, 2025 to comply with this requirement. (HB 1021)
• By January 1, 2026, condominiums with 25+ units must maintain certain official records on the Association’s website and available for download. Further, a condominium may satisfy a request for access to records by making the records available for download on the association website or through an application on a mobile device. Refusal to release official records or destroying official records may now result in criminal penalties. (HB 1021)
• Currently, single-family, two-family, and three-family dwellings are exempt from the milestone inspection requirements. Now, four-family dwellings with three or fewer habitable stories above ground are also exempt. (HB1021)
• Requires condominium associations to maintain additional accounting records (including invoices and other documentation that substantiates any receipt or expenditure). (HB1021)
• Officers or directors who accept a kickback or engage in fraudulent voting activities may receive criminal penalties. (HB1021)
• Directors must annually complete continuing education on recent changes to the condominium laws and rules. (HB1021)
• A residential condominium association of 10 or more units must meet at least once each quarter; and at least four times each year the meeting agenda must include an opportunity for members to ask questions. (HB1021) Note: there is no affirmative obligation for an answer to be provided at the meeting or at all.
• A condominium board may recommend a temporary pause in the reserve funding or reduced funding in certain circumstances with regard to the structural integrity reserve study. (HB1021)
• Requires the Florida Building Commission (FBC) to conduct a study on standards to prevent water intrusion through the tracks of sliding glass doors. (HB1021)
• Condominiums preparing to perform hurricane mitigation improvements may be able to apply for and receive grant funds through the newly created My Safe Florida Condominium Pilot Program for hurricane mitigation efforts. This program is the condominium equivalent to the My Safe Florida Home Program, which was created in 2006 but excluded condominiums from eligibility. The maximum grant award if $175,000.00 per association. The details and application process are still being finalized by the State Department of Financial Services. (HB 1029)

What are the action items for my community?

1. Get a community website set up, if your community has not already done so. Right now, a website is only mandatory for condominiums of 150 Units or more (as of January 1, 2019), and for HOAs of 100 parcels or more (by January 1, 2025). However, even for communities that mandatorily need a website presently, this requirement will likely extend to them in the future. And, having a website can streamline official records requests and can help the members stay informed and compliant in the community. Some management firms offer a website/owner portal, so your first stop should be your management company.
2. Ensure current copies of your governing documents are available on the website, and provide notice to all members in your community that they are accessible and the website link and instructions on how members can download copies.
3. Adopt an official records retention policy. Not only is a written policy required by the new laws, but it is also best practice. With the increased use of virtual meetings, communities should consider what policies they should adopt to address some of the modern questions that arise, such as how long a board of directors or management company is required to keep video recordings of meetings.
4. Adopt hurricane protection specifications, whether through the Board of Directors or the ARC (as appropriate in your community).
5. All directors will be required to take board certification courses by June 2025, and those who get elected or appointed after July 1, 2024 will have 90 days after taking office to complete the course. While the DBPR is still working to process and approve proposed courses from education providers throughout the state, you should be on the look out for courses that are offered either by attorneys, management firms, or the DBPR itself. For example, the DBPR currently has registration open for a condominium board certification course to be held on August 15, 2024 from 10:00 AM EST to 3:00 PM EST. To sign up for this free course, register here.

Consult with legal counsel to determine whether your community needs to amend its governing documents or adopt board resolutions to comply with the new laws. Henderson Franklin’s community association team is ready to help boards of directors navigate these new laws.

The author would like to acknowledge and thank 2024 Summer Associate Taylor Prerost (Stetson Law c/o 2026) for her research and contributions to this article.

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