The 2022 state condo law, known as SB-4D, and its 2023 follow-up, SB-154, establish three primary requirements: licensed inspections, reporting and disclosures, and reserve funds. Importantly, these laws are not tax legislation that directly increases housing costs on condo owners.
The Florida Department of Business and Professional Regulation's (DBPR) CTMH Division oversees five program areas: iniums, cooperatives, timeshares, mobile homes, and yacht and ship brokers and salespersons.
Chapter 720 of the Florida Statutes empowers and controls the ability of HOAs to enforce their rules, whereas Chapter 718 of the Florida Statutes empowers and controls the ability of COAs to enforce their rules.
In Florida, Homeowners Associations (HOA)s and inium Owners Associations (COA)s are not for profit corporations and therefore are governed partly by Florida Statutes Chapter 617 (the Not for Profit Act).
How they're different. Interestingly, a nonprofit organization can operate like a traditional C corporation, where the organization is a separate legal entity from the owner. By contrast, not-for-profit organizations are similar to general partnerships in that they enjoy no legal separation from the members involved.
HOAs manage communities of houses, while condo associations govern condo complexes where residents co-own common areas. Consider your preferences for community living and management involvement before choosing.
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.
In July 2024, Florida's legislation is tightening the rules around financial transparency for HOAs and inium associations. Key changes include: Annual Budget Disclosure: Associations must now provide detailed annual budgets to all members, outlining expected expenses and reserves.
Florida Recorded Document Search - Visit the county recorder's office where the property is located to find an association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents.