Florida Legislative Update: Breaking Down New Laws for Community Associations in 2023

The 2023 Florida legislative session ushered in impactful new laws for condominium, cooperative, and homeowners’ associations. Let’s break down some of the most significant changes that associations need to know about.

Homeowners’ Association Changes

House Bill 919, dubbed the “HOA Bill of Rights”, amends Chapter 720 of the Florida Statutes governing HOAs. Key changes include:

Board meeting notices must now specify all agenda items, except emergencies.

Official records must include members' mailing addresses, email addresses, and fax numbers if provided.

Member deposits for association expenses must be held separately and accounted for.

Directors and officers are prohibited from soliciting or accepting kickbacks from association vendors.

The independent fining committee hearing process is clarified and made mandatory before imposing fines.

Numerous changes address fraudulent voting activities related to elections.

Conflict of interest disclosures are mandated for board members.

Another new law, House Bill 437, allows homeowners to install certain items like artificial turf, flags, and recreational vehicles on their property as long as they aren’t visible from the front.

Condo & Co-op Changes

For condominium and cooperative associations, Senate Bill 154 makes several notable amendments. Some include:

Revising the definition and requirements of "milestone inspections" done by engineers/architects.

Adjusting deadlines for completing milestone inspections and structural integrity reserve studies (SIRS).

Adding maintenance, turnover, and developer disclosure requirements.

Expanding the condo dispute process to include SIRS issues.

Allowing a broader range of professionals to conduct SIRS visual inspections.

Requiring board education on reserve funding after turnover.

Other Key Laws

Additional new legislation associations must follow includes:

House Bill 837, reducing the timeline for negligence lawsuits from 4 years to 2 years.

Senate Bill 360, shortening the window for construction defect lawsuits.

Senate Bill 286, revising laws for foreclosures, rent collections, electronic signatures, and more.

Senate Bills 2A & 2B, enacting property insurance reforms.

Review Changes Carefully

This overview provides a glimpse into the numerous legislative changes impacting Florida associations this year. To ensure compliance, associations need to carefully review new requirements and make necessary updates to governing documents, policies, inspection timelines, and more.

Consult qualified legal counsel to fully understand the new laws and obligations for your association. Stay proactive on legal and legislative issues to best serve and protect your community.

For more details, review the full legislative update from Rembaum’s Association Roundup ↗. Stay informed on legal issues impacting community associations in Florida. Proper preparation can help associations adapt smoothly to the new laws.