As a law firm devoted to community association law, Perez Mayoral, P.A. closely monitors legislative changes that impact our clients.
The Florida Legislature recently enacted substantial amendments to Chapter 720, Florida Statutes, which governs homeowners’ associations. The new law, effective July 1, 2024, includes several key provisions that association boards, managers, and members need to be aware of.
Our firm has analyzed the statutory changes and summarized the most significant updates below.
1. Official Records And Websites (s. 720.303)
- Associations must maintain official records for at least 7 years.
- By January 1, 2025, associations with 100+ parcels must post certain documents on a website or make them available through a mobile app, including governing documents, rules, budgets, financial reports, and meeting notices.
- Members must be provided access to protected sections of the website or app.
2. Board Member Education And Term Limits (s. 720.3033)
- Newly elected or appointed directors must certify that they have read the association’s governing documents within 90 days of election/appointment, or complete an educational curriculum.
- Directors must complete at least 4 hours (for associations with <2,500 parcels) or 8 hours (for 2,500+ parcels) of continuing education annually.
- Any director or officer charged with certain crimes, such as theft or embezzlement of association funds, must be removed from office.
3. Architectural Review And Enforcement (s. 720.3035)
- Architectural standards must be reasonably and equitably applied and enforced.
- Associations may not enforce standards related to improvements not visible from the front of the property or adjacent parcels/common areas.
- Denials of architectural applications must specify the rule or covenant relied on and how the proposed improvement does not comply.
4. Fines And Suspensions (s. 720.305)
- 14 days’ notice of the right to a hearing must be provided before a fine or suspension is imposed.
- Committee hearings on fines/suspensions must be held within 90 days of the notice.
- Fines and suspensions may not be imposed if the violation is cured before the hearing.
- Associations may not fine owners for leaving garbage containers out within 24 hours of pickup or leaving holiday lights up less than a week after a notice of violation.
5. Assessment Delinquencies And Late Fees (s. 720.3085)
- Only simple (not compound) interest may accrue on unpaid assessments, up to 18% per annum if no rate is specified in the governing documents.
- Before changing the method of delivering invoices or statements (e.g., from mail to email), associations must provide 30 days’ notice to owners and obtain their affirmative acknowledgment.
6. Electronic Voting (s. 720.317)
- Members may consent to online voting, which counts toward quorum at meetings.
- Associations must use an online voting system that authenticates the member’s identity, validity of votes, provides voting receipts, separates votes from identifying information, and stores ballots.
You can view the full text of the bill amending Chapter 720 here.
Perez Mayoral, P.A. is available to advise our clients on implementing these changes and updating governing documents, policies and practices for compliance. Our Florida Chapter 720 statute lawyers are well-versed in all aspects of community association law and stand ready to assist associations in navigating this new legal landscape. Please contact us to discuss how these statutory changes apply to your Association.
The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Perez Mayoral, P.A. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney.
