Leave trash cans out, hang up a clothesline: New Florida law restricts HOA authority
The new HOA law is one of more than 100 laws to take effect in Florida on July 1.
JACKSONVILLE, Fla. — Hang a clothesline in your backyard, start a vegetable garden or park a work truck in your driveway.
Florida lawmakers granted homeowners in homeowners associations new freedom with a law cracking down on their authority that took effect July 1.
A local real estate attorney says she’s already at work making sure the HOAs she represents are up to speed with the change.
“We had one member that we represented in a defense against a lien foreclosure," said Hannah Rullo of Ansbacher Law.
Rullo has countless stories as a real estate attorney who represents people on both sides of HOA legal disputes, but one story stands out as the craziest.
“Trying to collect only $3.87 from an invalid fine for an alleged failure to pressure wash their driveway," said Rullo.
That tiny amount from a minor infraction spiraled out of control.
“In addition to that, they were trying to collect I think about $25,000 from attorneys fees and costs," said Rullo.
Ultimately, the claim was dropped, and the case was an eye-opener for Rullo, whose agency represents thousands of HOAs.
“How important it is to make sure the proper procedures are followed to make sure something like this wouldn’t happen to one of the HOAs we represent," said Rullo.
Florida lawmakers want to make HOA horror stories like that a thing of the past as well, so they passed a law to take effect July 1 with significant restrictions on HOAs.
Impacts vary from preventing HOAs from fining homeowners for leaving trash cans out for less than a day after a pick up, to allowing homeowners to do AC and ventilation work without requiring HOA approval.
The law also pushed HOAs to be more transparent, requiring them to post records online and give two weeks' notice of any assessments.
“At the end of the day, these are volunteers within your community, these are neighbors coming together to run your community association and sometimes that’s a little difficult," said Rullo.
More than 100 new Florida laws took effect on Monday, and there is even another one addressing HOAs.
Another law created a program to help condos and townhomes within 15 miles of the coastline get better prepared for hurricanes.
Condo associations can get up to $175,000 in grants to help improve their roofs, windows and doors.
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