TALLAHASSEE, FL –
By Luke Roberson, Law Clerk – lroberson@clarkpartington.com
Florida’s new HOA laws, signed into law by Governor DeSantis as HB 1203, become effective on July 1, 2024 and make many new changes to the current statutes governing Florida HOAs. Here are seven things all association members should know about this impending legislation:
- Garbage Receptacle Placement
- Fines or suspensions may not be imposed on a member for leaving garbage receptacles at the curb or end of the driveway within 24 hours before or after the designated garbage collection day or time.
- Holiday Decoration Removal
- Fines or suspensions may not be imposed for leaving holiday decorations (including lights) on a member’s property longer than the HOA allows unless the decorations have been up for more than one week after the HOA has sent the member written notice of the violation.
- Vehicle Parking
- A member, his guests, and hired workers have the right, notwithstanding any HOA rules otherwise, to park any personal vehicle, including a pickup truck, in the member’s driveway or in any other area in which they have a legal right to park.
- Contractor Hiring
- An HOA may not impose requirements that members only hire contractors from a preferred vendors list or require that members only hire those with a professional or occupational license.
- Equal Enforcement of Covenants and Guidelines
- All HOAs must enforce covenants and guidelines equally among all members, with no special consideration given to anyone in particular.
- Interior Structure Regulation
- HOAs may not impose requirements on the interior of a member’s home that would not be visible from the front of the home, an adjacent common area of the HOA, or a community golf course.
- HOAs are further prohibited from requiring approval of plans for central air-conditioning, refrigeration, heating, or ventilation system if such system is not visible from the front of the home, an adjacent common area of the HOA, or a community golf course, and the system is substantially similar to the HOA’s recommended system.
- Vegetable Gardens and Clotheslines
- Lastly, HOAs may not prohibit the installation of vegetable gardens or the use of clotheslines unless they are visible from the front of the home, an adjacent common area, or a community golf course.
While this list is not exhaustive of every new change to the HOA laws, it covers the primary additions that become effective on July 1. If you are an HOA member or someone looking to purchase a home in an HOA and would like to discuss these changes, I invite you to contact the attorneys at Clark Partington. As one of the Gulf Coast’s pre-eminent law firms, Clark Partington has decades of experience handling disputes between HOAs and individuals and would love the opportunity to hear from you.
About Luke
Luke Roberson is a law clerk in the Firm’s Pensacola office. A Rising 3L at The University of Mississippi School of Law (Ole Miss), he is the Internal Chair for the Ole Miss Moot Court Board, where he excels at organizing internal competitions, judging, and recruiting new members.
Luke was also recently selected for an upcoming clerkship with the Honorable Judge Barksdale of the United States Court of Appeals for the Fifth Circuit.
Outside of his busy academic schedule, Luke is dedicated to his family, spending quality time with his wife and one-year-old daughter, Molly. He’s also an avid tennis and pickleball player and enjoys attending Ole Miss sporting events.
About Clark Partington
Clark Partington is a Gulf Coast regional law firm, serving the comprehensive legal needs of individuals and businesses as trusted advisors and counsel, with offices in Pensacola, Destin, Santa Rosa Beach & Tallahassee.
We stand on the shoulders of the founders who forged the success of our Firm, we are shaped by our respect for their legacy, and propelled forward by a quiet confidence born of 48 years of excellence.
More information about the firm’s practice, its attorneys, staff and recognitions may be found at www.clarkpartington.com.