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“HOMEOWNERS’ ASSOCIATIONS BILL OF RIGHTS” LAW
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·2 min read

On June 12, 2023, Governor DeSantis signed House Bill 919 (2023), known as the "Homeowners' Associations Bill of Rights," which introduces significant amendments to Chapter 720 of the Florida Statutes.

These amendments include provisions such as:

  • Requiring board of directors meeting notices to list all agenda items.

  • Specifying default mailing and email addresses for member notices unless members update them in writing.

  • Mandating the removal of member email addresses and facsimile numbers upon revocation of consent for electronic notice.

  • Ensuring that funds received from individual owners for specific purposes are kept separate from other association funds, with an accounting available upon request, and a requirement to return unused funds within 30 days.

  • Imposing monetary penalties on officers, directors, or managers who accept goods or services without consideration.

  • Disqualifying and removing officers or directors charged with various offenses, including forgery, theft, embezzlement, destruction of records, or obstruction of justice.

  • Restricting access to association records for directors or officers during pending criminal proceedings.

  • Requiring disclosure of relationships and conflicts of interest for directors and officers appointed by developers.

  • Mandating disclosure of potential conflicts of interest before voting on relevant issues or contracts.

  • Creating a presumption of conflict of interest in certain situations.

  • Requiring detailed notices for sanctions committee hearings to owners, including descriptions of alleged violations, required actions for compliance, and hearing details.

  • Establishing the right for owners to attend sanctions committee meetings electronically.

  • Requiring the sanctions committee to provide written findings to owners regarding violations and associated fines.

  • Classifying several fraudulent voting activities as first-degree misdemeanors, including false swearing, fraud, ballot tampering, threats, bribes, and coercion.

These statutory changes became effective on October 1st, 2023.