As of July 1st, Homeowners Associations (HOAs) in Florida will face significant changes due to the new Homeowner Bill of Rights under HB 1203. Real estate broker Lisa Ammons recently detailed these changes in her latest video. The legislation, signed by Governor Ron DeSantis, aims to curb the overreach and stringent rules often enforced by HOAs, providing much-needed relief to homeowners. Let’s see what she had to say.
A New Dawn for Florida Homeowners
Ammons opened her video by addressing the frustrations many homeowners feel living under HOA rules. She pointed out that HOAs are often seen as oppressive and restrictive, making homeowners feel like they are living under a totalitarian regime. With the new laws taking effect, residents can look forward to more freedom and less interference in their daily lives.
The Purpose and Pitfalls of HOAs
HOAs were originally created to maintain uniformity and manage communal responsibilities within neighborhoods. These associations, run by volunteer property owners, handle various tasks such as maintaining amenities and enforcing property maintenance rules. However, Ammons noted that HOAs often attract individuals with strong, sometimes overbearing opinions, leading to excessive control over residents’ lives.
The Homeowner Bill of Rights
The Homeowner Bill of Rights, or HB 1203, includes several provisions aimed at limiting the power of HOAs. One key change is that HOAs can no longer enforce rules on some residents but not others, ensuring fair treatment for all. Additionally, homeowners will no longer face fines for common issues like leaving garbage cans out within a 24-hour period or leaving up holiday decorations past a certain date without prior notice.
Expanded Parking and Property Rights
The new laws also address parking and property usage rights. Homeowners and their guests can now park personal, business, or first responder vehicles, including non-commercial pickup trucks, in their driveways without facing penalties. Furthermore, contractors and workers cannot be banned from a homeowner’s property, allowing residents to undertake necessary repairs and improvements without HOA interference.
Greater Transparency and Accountability
Transparency is another major focus of the new legislation. HOAs are now required to keep and maintain official records, including bylaws, amendments, meeting minutes, financials, and voting records, for a minimum of seven years. Destroying these records within this period is considered a first-degree misdemeanor, ensuring that homeowners have access to vital information about their community.
Enhanced Homeowner Freedoms
Ammons highlighted several other freedoms that homeowners will now enjoy. For instance, HOAs can no longer ban vegetable gardens or clotheslines, provided they are not visible from the street or a neighbor’s property. The new laws also eliminate the need for HOA approval for changes to central air conditioners, refrigerators, or heating and ventilation systems if they are not visible from public areas.
Challenges and Opportunities for HOAs
While many homeowners welcome these changes, they also pose challenges for existing HOAs, particularly those with long-standing rules and board members. Ammons suggested that newer HOAs might adapt more easily to the new regulations, whereas older associations with entrenched practices may struggle. However, the overall impact is expected to be positive, promoting fairness and reducing unnecessary restrictions.
A Shift in Homeowner Sentiment
Ammons believes these new laws will shift homeowner sentiment significantly. In her previous videos, many viewers expressed strong dislike for HOAs and their restrictive practices. With the introduction of the Homeowner Bill of Rights, Ammons is optimistic that more people will be willing to live in HOA communities, knowing that there are now laws in place to protect their rights and freedoms.
HOA Experiences
People in the comments shared their experiences: “We lived in an out-of-control HOA community. The final straw was when the HOA decided that homeowners were only allowed to leave their garage doors open for 15 minutes. This was a community of acreage properties (1-2 acre lots) so we all had riding mowers/tractors & lots of other equipment to schlep in & out of our garages to maintain our properties. We all revolted & threw out the HOA board.”
Another commenter added: “I like an HOA, i do not want to see overgrown grass, cars on grass, people that leave garbage cans all over the place, people are slobs and i do not want to live around it. Even when i rented i took care of it. Clothes lines ridiculous, i like manicured property, I do not have an issue with HOA rules”
Looking Ahead
As Florida moves forward with these significant changes, the impact on HOAs and homeowners will become clearer. The new legislation marks a substantial shift towards balancing the power between HOAs and residents, promoting transparency, fairness, and freedom within these communities.
Potential Challenges
What are your thoughts? How will the new Homeowner Bill of Rights affect the relationship between homeowners and HOAs in Florida? What are the potential challenges that older HOAs might face in adapting to these new regulations? How might these changes influence the perception of HOA communities among potential homebuyers in Florida?
Watch the entire video on Living With Lisa’s YouTube channel for more information here.
