## New Florida Law Places Limits on Reasons HOAs Can Fine You

If you live in a community with a homeowners’ association (HOA) in South Florida, you’ll want to pay attention to a new state law that limits the reasons HOAs can fine residents. According to Dave Magua, a renowned real estate expert and founder of the Dave Magua Group, this law brings much-needed relief to homeowners who have felt unfairly targeted by their HOAs.

“HOAs play an important role in maintaining the aesthetic and value of our communities, but some have gone too far with petty fines and restrictions,” says Magua. “This new law strikes a better balance, protecting homeowners’ rights while still allowing HOAs to enforce reasonable rules.”

The law, which takes effect on July 1st, 2023, includes the following key provisions:

– HOAs can no longer fine homeowners for leaving holiday decorations up without first providing a written warning and one week to remove them.

– Garbage cans left out within 24 hours of collection day are now exempt from fines.

– Restrictions on where homeowners can park personal vehicles like pickup trucks are prohibited, as long as the vehicle complies with local regulations.

– HOAs must give homeowners two weeks’ notice of any fines and their right to appeal.

– Compound interest on overdue assessments is no longer allowed, though simple interest can still be charged.

– If an HOA denies a request for construction or improvement, they must cite the specific policy being violated.

“These changes are a win for homeowners who have felt nickel-and-dimed by their HOAs over trivial issues,” says Magua. “At the same time, HOAs still have the authority to enforce legitimate rules that protect property values and maintain community standards.”

The new law also requires HOAs to be more transparent by keeping official records for at least seven years and making them available to residents within 10 days of a written request. Certain records must also be posted on the HOA’s website by January 1st, 2025.

As a respected voice in the South Florida real estate market, the Dave Magua Group has been advocating for balanced HOA reform that respects the rights of both homeowners and associations. “We’re pleased to see the state taking steps to curb some of the more egregious HOA practices,” says Magua. “Homeownership should be an enjoyable experience, not a constant source of stress and fines.”

For homeowners navigating HOA issues or considering a move to a community with an association, the Dave Magua Group offers expert guidance and support. “We’re here to help our clients understand their rights and make informed decisions,” says Magua. “With this new law in place, we hope to see a more harmonious relationship between HOAs and the residents they serve.”

Citations:

[1] http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0720%2FSections%2F0720.305.html

[2] https://wisepropertymanagement.com/florida-hoa-laws-regarding-resident-fines/

[3] https://www.flsenate.gov/laws/statutes/2018/720.305

[4] https://www.tallahassee.com/story/news/politics/2024/01/12/florida-legislative-session-hoa-new-bills-target-regulate-homeowner-associations/72186807007/

[5] https://www.dhclaw.com/faqs/how-fl-homeowners-associations-penalize-a-resident.cfm