New Florida laws are changing the conversation — and reality — on homeowners associations (HOAs) and how much power they should (and do) have. If you know, you know: HOAs are basically a neighborhood-wide governing body that help with the upkeep, rules, and maintenance of a residential community for a fee each month.
Depending on what you want in a home, this will either draw you in to buying a property or make you decide to move somewhere else entirely. And now, at least for Florida homeowners, HOAs are going to be under way more scrutiny under a Florida law that went into effect on July 1.
These laws are significant: 75 million people live in HOA-run neighborhoods across the United States, and Florida is one of the most populous states in the country. Here’s what you need to know.
What Is an HOA?
While the organizations can vary in size, from looking over a few homes to thousands of them, HOAs basically collect dues to keep common areas up to standards, make sure certain communal services run smoothly, and update community features as needed. In some cases, this can look like them organizing a trash removal service for residents, hiring landscaping for the building, or repairing a community outdoor area that no longer meets safety standards.
However, while these things can sound good on paper, there’s no shortage of people who’ve had a bad experience with just how restrictive — and even downright petty — HOAs can be.
There are numerous Reddit HOA horror story threads where homeowners complain about HOA compliance officers erroneously fining them (and having to “prove” they’re not at fault), writing them up for the smallest infractions, and coming up with new arbitrary rules on the fly — and picking and choosing who has to follow these regulations.
Some Reddit users have complained about HOA officers fining them for everything from having a potted plant on their back porch to not mowing their grass often enough, and even going through their trash to make sure they separated recyclable items. So, it’s a contentious topic.
What do the new Florida HOA laws do?
Many of the new HOA laws claim to better protect homeowners by requiring more accountability and transparency from HOAs when it comes to their rules and where homeowners’ money is going. In addition to limiting arbitrary fines, many of the laws restrict how much power these organizations have. According to the Palm Beach Post, here are some things HOAs in Florida will no longer be able to do:
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Prevent residents from parking noncommercial or personal cars, trucks, or work vehicles on their property.
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Not enforcing rules for all residents.
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Fine residents for leaving garbage cans out less than 24 hours past a scheduled pickup time.
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Fine residents for leaving holiday lights and decorations up past the HOA’s deadline. Once they’re given a notice, the homeowner will have an additional week to remove them.
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Dictate rules for the inside of the resident’s space when it can’t be seen from the street, a neighbor’s home, and an adjacent common area such as a golf course.
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Make rules against having vegetable gardens or clotheslines if they can’t also be seen from the street, a neighbor’s home, and an adjacent common area such as a golf course.
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Require approval for a central air conditioning, refrigeration, heating or ventilation system that isn’t visible from the street, a neighbor’s property, and an adjacent common area such as a golf course.
The vast majority of homeowners (on Reddit, that is) appeared to celebrate the new legislation — although they also said the new bills didn’t go far enough in curbing HOA powers and requiring more accountability. However, some Redditors pointed out that homeowners often buy into these communities with a high bar for maintenance standards and other rules of conduct to keep up the value of their homes, so some HOA powers are necessary.
Limiting random fines, having HOA organizations show where their residents’ money is going, and enforcing rules for all homeowners seem like a small step in the right direction, but only time will tell whether other states decide to adopt similar policies and restrict how much power HOAs have.
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