More than 75 million Americans live in subdivisions or other communities with homeowner associations (HOAs) that require them to pay monthly fees and follow a set of rules.
And Floridians who live in places with homeowner associations finally have laws to regulate what HOAs can and can’t do to them.
According to the U.S. Census Bureau and USA TODAY’s January guide to HOAs, “Many homeowners pay between $200 and $300 per month on HOA fees, although the national average is $191, according to (Census Bureau’s) 2021 American Housing Survey.”
And 45% of Florida's homes were a part of a homeowners' associations in April 2023, according to a report from south Florida Agent Magazine.
Here’s what HOAs in Florida can and can’t do to their residents under the new Florida HOA laws and which HOA rules residents can legally fight.
What is the point of HOAs?
In case you’re new to HOA fees, here’s what a homeowner association typically does:
- An HOA makes and enforces rules in subdivisions, planned communities and condo buildings. Some examples of common HOA regulations are architectural controls, lawn or holiday decoration restrictions, facade or yard maintenance standards, noise complaint policies, home occupancy limits, parking rules, pet size and quantity guidelines, and short-term rental restrictions.
- Some communities with HOAs require mandatory membership for residents who live there.
- Homeowner associations are run by a board of directors and typically use the monthly or annual fees members pay for the maintenance of the community’s common areas and facilities.
HOA boards used to be able to fine members for not complying with their rules and regulations. But after the leaders of a Homeowner Association in Miami were accused of theft and fraud to the tune of $2 million, Florida lawmakers approved a bill that some call "Homeowners' Association Bill of Rights,” which went into effect in October 2023.
Under this bill, HOA members in Florida can’t be fined or suspended by violating the association’s bylaws or rules, unless a two-week notice is delivered to the member’s email or mailing address in the HOA's official records.
Here are some other things that the HOA bill does:
- It requires all notices for homeowner association board meetings to identify each agenda item for each meeting.
- It allows an HOA member to designate an address other than their physical address for delivery of required notices, meaning HOA members can now elect to receive required notices by email.
- It says that if a homeowner association collects a financial deposit from a member for any reason, those funds can’t be poured into any other association funds. HOA members can request an accounting of what they paid and the association has to return any unused funds within a month.
- It revises the notice requirements for collecting fines, including giving HOA members instructions on how to fix a violation.
- It is now a first-degree misdemeanor for an HOA board to prevent members from voting, to be menacing, threatening or using bribery to directly or indirectly influence an HOA member’s vote.
As of July 1, 2024, a few more laws protecting Florida homeowners went into effect.
“As of July 1, HOAs will be prohibited from banning common-sense parking, fining residents for leaving garbage cans out on trash day, creating rules for the inside of structures or backyards (like prohibitions against gardens or clotheslines) that can't be seen from the street, neighboring property or common area, and more. The law also mandates more transparency and accessibility on the part of the HOA officers or management companies,” The Tallahassee Democrat reported.
“HB 59, a requirement for HOAs to provide copies of all rules and covenants to every member of the association and to every new member going forward also goes into effect on July 1. A bill requiring HOAs to allow members to harden their homes against hurricanes became effective as soon as DeSantis signed it in May.”
How do I find my HOA rules and regulations in Florida?
Most of the time, you can find the bylaws, rules and regulations for your homeowner association on your county’s clerk of courts website. The county your association is located in should have a record of your HOA’s governing documents.
All HOAs should be registered with the Florida Department of State Divisions of Corporations. You can use their records search to find your HOA’s activity status and names and addresses for the HOA’s registered agent, president, vice president, treasurer and secretary.
Can I opt out of an HOA? Which HOA laws can I fight?
If you don’t want to opt-into a homeowner association, your best bet is to just choose a neighborhood with no HOA or a newly formed HOA.
But if you are in an established, HOA-run neighborhood and want to leave the association, you can typically petition the board to let you opt out. That is usually time-intensive, though, and can get expensive, depending on how established and well-run your HOA is.
If you want to opt-out of your HOA fees, you can find tips from Experian on how to opt-out here.
If an HOA is violating your constitutional rights, like freedom of speech or religion, you have grounds to take legal action against them.
You can also fight rules that are unenforceable, according to a guide on enforceable and unenforceable HOA laws from Rocket Homes.
“If you determine an HOA rule isn’t enforceable, you can fight that rule. Your first course of action will likely be to approach the HOA board directly. Explain what rule you think is unenforceable and why. Put your thoughts in writing to create a paper trail,” Rocket Homes’ article says.
“In some cases, that might be enough to get the HOA to throw out the rule. If the HOA board isn’t willing to address the rule themselves, you may need to file a dispute. Depending on where you live, your state may have a dispute resolution in place for HOA disputes. In many cases, this process will involve going through mediation or arbitration. Finally, if none of the above options work, your last resort may be to take legal action.”
And of course, any regulation that your HOA tries to enforce that goes against Florida’s new HOA laws can be fought.
