You might be shocked to learn that, yes, just like a bank, a homeowners association (HOA) can foreclose on a home. This type of action affects thousands of Florida homeowners, sometimes over minor amounts of overdue memberships dues and late fees every year.
In Florida, the statute of limitations for breach of contract (such as violating your HOA covenants) is five years. The time period within which the HOA could enforce the covenant has expired, at least as it pertains to those patios that were built more than five years ago.
The state law, passed in 2022, requires associations to have sufficient reserves to cover major repairs.
Florida House Bill 1203 introduces substantial reforms aimed at increasing transparency and accountability within HOAs. This bill mandates the online posting of governing documents, including covenants, restrictions, and financial records, ensuring that you, as a homeowner, have easy access to critical information.
How do I find my HOA rules and regulations in Florida? Most of the time, you can find the bylaws, rules and regulations for your homeowner association on your county's clerk of courts website. The county your association is located in should have a record of your HOA's governing documents.
In Florida, the documentation and rules that govern a HOA are not readily available to the general public. These documents can only be accessed by members of the association upon request and are required to be published in the county's official records in order to be legally enforceable.
Florida House Bill 1203 introduces substantial reforms aimed at increasing transparency and accountability within HOAs. This bill mandates the online posting of governing documents, including covenants, restrictions, and financial records, ensuring that you, as a homeowner, have easy access to critical information.
New Florida HOA Laws: Everything You Need to Know HOAs can no longer prohibit homeowners or guests from parking personal vehicles, including pickup trucks, in driveways or legal parking areas. HOAs cannot ban vegetable gardens or clotheslines if they're not visible from public areas.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
Homeowners' associations may impose fines on parcel owners in a community if they violate the rules and regulations specified in the governing documents. The association is also allowed to impose fines for late or non-payment of assessments.