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Impact of Florida’s New Condo and HOA Laws: What You Need to Know

The landscape of community living in Florida is evolving, thanks to several significant legislative updates affecting condos and homeowners associations (HOAs). These new laws aim to enhance transparency, safety, and residents’ rights, marking a transformative period for property owners and managers. Here’s a closer look at the most impactful changes and what they mean for Florida’s communities.

Estoppel Fee Elimination Bill

One of the standout changes is the Florida Estoppel Fee Elimination Bill (Senate Bill 278, House Bill 979). An estoppel certificate is crucial in real estate transactions, providing potential buyers with key information about the property’s financial status. This bill revises the process and cost associated with obtaining these certificates:

• Fee Elimination and Payment Schedule: Associations can no longer charge extra fees for expedited delivery. Fees are now due at closing, not upon order, potentially increasing unpaid estoppel fees and affecting association revenue.
• Shortened Delivery Timeline: The deadline for delivering estoppel certificates has been reduced from 10 to 5 business days, aiming to streamline the process and reduce delays in property transactions.

Homeowners Bill of Rights

The Homeowners Bill of Rights (HB 919), which took effect in 2023, exclusively applies to HOAs. It introduces several provisions designed to protect homeowners and ensure transparency:

• Detailed Meeting Notices: HOA board meeting notices must now clearly list all agenda items, providing homeowners with better insight into discussions and decisions.
• Conflict of Interest Disclosures: Conflicts of interest must be disclosed at least 14 days before a vote, ensuring that decisions are made transparently.
• Enhanced Communication Requirements: The law stipulates how primary addresses and email addresses are managed, requiring consent for certain notices and enhancing overall communication within the community.

Condominium and Cooperative Safety

Safety regulations have also been updated, particularly affecting high-rise buildings. The Condominium and Coop Safety Bill (SB 154) addresses:

• Milestone Inspections: Buildings three or more stories tall must conduct milestone inspections within 30 years of occupancy, with additional inspections every 10 years thereafter.
• Fire Safety Provisions: New requirements include compliance with enhanced fire safety codes and the implementation of two-way radio communication systems in taller buildings.

Display of First Responder Flags

A recent addition to Florida’s laws allows the display of first responder flags within community associations. House Bill 437 permits flags representing law enforcement officers, firefighters, and other first responders to be displayed, promoting inclusivity and respect for public service. This law also adds Patriot Day (September 11) to the list of days when owners can display these flags.

Restrictions on Dogs

The Authorization of Restrictions Concerning Dogs (SB 942) enables local governments to implement ordinances addressing safety and welfare concerns related to dog ownership, without breed-specific regulations. This law aims to balance public safety with fair treatment of pet owners, focusing on characteristics like size and weight rather than breed.

Updated Fire Prevention Codes

Effective January 1, 2024, the updated Florida Fire Prevention Code introduces new safety standards for condominium associations, particularly those with buildings over 75 feet tall. These updates include:

• Enhanced Fire Safety Measures: Requirements for maintaining minimum radio communication systems and implementing two-way radio communication enhancements.
• Proactive Compliance: Associations must take steps to comply with these regulations to ensure resident safety, potentially involving significant upgrades and maintenance efforts.

Implications for Property Owners and Managers

These legislative updates bring both challenges and opportunities for property owners, managers, and residents:

• Financial Impact: Changes in fee structures and compliance costs may affect association budgets and financial planning.
• Operational Adjustments: Enhanced transparency and safety measures require adjustments in operations, from meeting protocols to maintenance schedules.
• Community Engagement: Improved communication and transparency foster a more informed and engaged community, potentially reducing conflicts and enhancing the quality of life.

Florida’s new condo and HOA laws reflect a broader trend towards increased regulation and oversight in community living. By understanding and adapting to these changes, property owners and managers can ensure compliance, enhance safety, and promote a harmonious living environment. As these laws continue to evolve, staying informed and proactive will be key to navigating the new legal landscape effectively.

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