Florida House Bill 1203 Includes Broad Changes for HOAs

Florida Gov. Ron DeSantis recently signed into law House Bill 1203 which adopted broad changes for homeowners associations throughout the state. Effective July 1, 2024, House Bill 1203 provides a comprehensive overhaul of many issues affecting HOAs, including director education, records maintenance, meeting requirements and fines. While there are many changes, the following outline highlights some of the more important updates.

• Architectural and Improvement Committee Decisions: Architectural, construction improvement, and other similarly tasked committees must provide owners with written notice of the rule or covenant relied upon to deny the owner’s request for the construction of a structure or other improvement.
• Interior Modifications: Prevents the enforcement of a rule or covenant restricting what can be done inside the interior of structures for changes that are not visible from the parcel’s frontage, an adjacent parcel, common area or community golf course.
• Revised Fining Process: Adds new requirements to the fining process for HOAs, such as the committee providing notice of its determination within seven days of the hearing, requiring that fines for violations that are cured prior to the hearing cannot be imposed, and providing a 30-day window for the payment of all fines. HOAs may not impose fines for leaving garbage receptacles out within 24 hours before or after the designated garbage collection time or for leaving holiday decorations or lights on a structure or other improvement longer than allowed under the covenants or rules unless the decorations or lights remain up for more than a week past the removal deadline and the association provides written notice of the violation to the owner.
• Parking Restrictions: Covenants and rules restricting the parking of pickup trucks from parking anywhere other passenger vehicles are permitted are no longer enforceable. Similarly, covenants and rules prohibiting commercial vehicles or other vehicles with visible insignias from parking in an owner’s driveway are not permitted unless the vehicle meets the definition of a commercial vehicle under Section 320.01(25), Florida Statutes.
• Director Education Requirements: Requiring all directors to participate in annual continuing education courses approved by the State. Directors of communities of less than 2,500 parcels will need four hours annually of approved courses while directors of communities of 2,500 or more parcels will need eight hours annually.
• Website and Digital Records: As of January 1, 2025, all HOAs that contain 100 parcels or more must maintain a website and host digital copies of most of the association’s official records, including notices of meetings.

There are many other changes for homeowners associations all aimed to foster transparency and clarity within HOA governance, empowering members with accessible information while promoting fairness and accountability in rule enforcement.

It is recommended that all homeowners associations review the new requirements and start preparing their communities. For a full breakdown of this statue and the changes coming to homeowners associations in Florida, view our full recap.