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One of the unintended consequences of the Act is that the Declarations of Covenants, Conditions and Restrictions recorded for HOAs may expire after 30 years of the date which they were recorded.
Disclosure Requirements Disclosure is mandated by law, often through public records and real property records. Before purchasing a home, buyers must receive a set of documents detailing the HOA's health, such as its covenants, conditions, restrictions, bylaws, rules, and financial statements.
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.
The Florida Homeowners' Association Act, Chapter 720 of the Florida Statutes, states that amendments to “governing documents” for homeowners' associations are not effective until they are recorded in the public records of the county in which the community is located.
Certain states, including Florida, have adopted the 1956 Marketable Record Title Act, which says that deed restrictions expire within 30 years of inception. That means after 30 years, a homeowners' association is technically unable to enforce the rules and can no longer collect monthly dues from community homeowners.
The Florida Legislature amended the Florida inium Act in 2018 to impose an eight-year term limit for board members.
What does it mean to HOA's? The simplified explanation is that the recorded covenants governing a community must be preserved before the end of a 30 year period beginning on the date they were recorded.
Residents may file a inium/Cooperative Complaint Form (PDF) directly with the Division of Florida iniums, Timeshares and Mobile Homes. Hardcopies of the form can be obtained by calling 1.800. 226.9101 or 850.488. 1122.
As a result, the Homeowner's Association Management Certificate Database website is now live and available to the public. The TREC website for HOA management certificates is .
House Bill 614 guarantees your right to a hearing before the HOA board to contest the violation or the proposed fine. This ensures a fair and transparent process where you can voice your concerns and advocate for your interests.