Yes, new Florida law places limits on reasons HOAs can fine you

ST. PETERSBURG, Fla. — Homeowners’ associations oversee everything from what your yard or house can look like, to parking and noise.

Florida has more HOAs than any state in the country, other than California. Roughly 45% of Floridians live in communities with an HOA which requires average payments ranging from $100 to $500 each month, according to this Miami real estate law office.

But there are times when homeowners question the powers of an HOA.

VERIFY viewer Andres R. asked if it’s true that a new state law reins in HOAs.

THE QUESTION

Does a new Florida law place limits on reasons HOAs can fine you?

THE SOURCES

• Florida House Bill 1203
• Florida House Bill 293
• Office of Gov. Ron DeSantis
• Foundation for Community Association Research
• Shumaker law firm

THE ANSWER

Yes, a new Florida law limits reasons HOAs can fine you.

WHAT WE FOUND

In June, Gov. Ron DeSantis signed legislation that will make sweeping changes to the authority homeowners’ associations (HOAs) have over property owners.

The changes outlined in HB 1203 take effect July 1 and address some common critiques homeowners have of their HOAs, and require more transparency:

• Under the new law, HOAs can no longer fine homeowners for leaving holiday decorations without first providing a written warning and one week to remove them.
• Associations can no longer fine residents for leaving garbage cans out within 24 hours of collection day.
• Restrictions are no longer allowed on where homeowners can park a personal vehicle, including pickup trucks, as long as it complies with state, county and municipal regulations.
• HOAs must be more transparent by giving homeowners two weeks’ notice of any fines and their right to appeal.

HOAs will also no longer be able to charge compound interest on overdue assessments but will still be able to charge simple interest. If an HOA denies any request for construction or improvement to a property, it must provide notice of a specific policy being violated.

Additionally, HOAs will be required to keep official records – like bylaws – for at least seven years and be able to make them available to a resident within 10 days of a written request. Certain official records must also be posted on the HOAs' website by Jan. 1, 2025

Read the full bill here.

This is one of several laws recently passed to rein in HOA restrictions and oversight.

Under HB 293, which went into effect in May, homeowners' associations cannot deny applications of those who want to install, enhance or replace hurricane protections at their homes. This can include features like storm shutters, reinforced roofs, stronger doors and windows and more.