Legislative Alert - New Laws Impacting HOAs & Community Associations

(post collapsing of Champlain Towers)

• Florida Legislative Alert 2024 
• Florida Legislative Alert 2023 Part I & Update Part II
• Florida Legislative Alert 2022
• 718.501(3)(a), F.S./Senate Bill SB4D - DBPR Jan 1, 2023, requires new reporting requirements
  
• 2022 Miya's Law SB 898 - New tenant safety bill signed into law
  
• 2021 Legislative - Kaye Bender Rembaum

Disclaimer: Kinetic Property Management, LLC, provides information and resources related to American homeowners' associations. Kinetic is not a government agency, law firm, or attorney and cannot provide you with any kind of legal advice or legal recommendations. The summaries of laws provided on this website are not all-inclusive and do not represent every law, statute, or municipal code related to homeowner associations, condominiums, and cooperatives and should not substitute further research. Contact your HOA's or COA's attorney for more information on these and the numerous laws that are changing.

The 2024 Florida Legislative Session ended Friday, March 8th, and it was one of the busiest sessions in memory in terms of producing new community association legislation. Please remember that these bills do not become law until they have been sent to the Governor who then has fifteen (15) days to sign a bill, veto a bill, or allow a bill to pass into law without his signature.  As such, we may not know the final outcome for some bills until later this May or June.

As part of our commitment to the communities we serve, we try to provide the most up-to-date information on changes in legislation as they occur.  View & download the Legislative Alert and Special Session Legislative Alert for a comprehensive overview of the new laws passed and how they might affect your community association (see links below). This is one of the many ways we make a difference, every day in the communities we manage. Our Board Members don't have to worry, we have everything under control and are in compliance with current and new laws. Many of the communities we serve were in violation of numerous laws causing the Board Members and the Association a major liability with fines and jail time.

The Federal Corporate Transparency ACT (CTA) Requirements Affecting ALL Community Associations. Failure to comply with the requirements of the CTA can lead to fines from $500–$10,000 per violation and jail time of up to two years. The deadline to comply is before the end of 2024.

*NEW Required Building Reporting Deadline January 1, 2023, for CONDOMINIUMS & COOPERATIVES. Is your building ready for this? (see below for more information).

The 2022 Florida legislative session addressed several bills impacting community associations relating to condominium safety and reform in response to the collapse of Champlain Towers South in Surfside, FL, rising insurance costs, and vacation rentals. The Florida Legislature reconvened for a 5-day special session on May 24, 2022, resulting in comprehensive condominium safety and property insurance reforms, which will likely impact your community associations.

Effective July 1, 2021, the board must adopt the annual budget at least 14 days prior to the start of the condominium association’s fiscal year. By comparison, homeowners’ associations are required to post notice of the board meeting at which the annual budget will be considered at least 48 hours in advance. This means you can't have or approve your budget in the current year that you are approving it for. This never made any sense to us and we always have our budget meetings by Dec or before. You must also comply with your HOA's or COA's Condo & By-Laws. Remember the new Florida laws should prevail any antiquated Docs.