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July 22, 2024

HOA Laws and Regulations in Orlando, FL in 2024

Zoe Harper

Marketing

Steadily's blog cover page for information around landlord insurance.

In Orlando, FL, homeowners' associations, or HOAs, follow detailed state laws. These laws control how residential communities are managed. Key laws include the Florida Homeowners’ Association Act and the Florida Condominium Act. They also look to the Florida Not for Profit Corporation Act and the Florida Cooperative Act. These important laws guide how HOAs are set up, run, and governed.

To keep in line with the laws, HOAs in Orlando must follow several rules. These rules help make sure homeowners are treated fairly. Such laws provide strong protections for homeowners. For example, the Florida Fair Housing Act works to stop discrimination. It makes sure everyone gets to live where they want.

Cases like Warren v. Delvista Towers and Bhogaita v. Altamonte Heights Condo Assoc. show how crucial it is for HOAs to avoid discrimination. It's important for them to follow laws like the Florida Consumer Collection Practices Act and the Fair Debt Collection Practices Act. These laws help in managing how debts are collected in communities. If you're looking for more information, the Florida Homeowners’ Association Act is a great resource.

Key Takeaways

HOA compliance in Orlando is governed by multiple state statutes, including the Florida Homeowners’ Association Act and the Florida Condominium Act.
Recent legal updates require greater transparency, including the necessity for official records to be posted online for larger HOAs.
Legal precedents emphasize the importance of reasonable accommodations and non-discrimination within HOAs.
Florida's community association laws cover various aspects such as debt collection, property rentals, and tenant rights.
Resources like the Florida Homeowners’ Association Act offer comprehensive guidance on HOA governance and compliance.

Introduction to HOA Laws and Regulations in Florida

In Florida, laws and rules are key in how Homeowners' Associations (HOAs) are run. Recent updates to the HOA Act have brought in several new rules for more openness and fairness. For instance, when HOAs announce meetings, they must list what will be talked about. And if a member gives money for something, the HOA has to give it back within 30 days¹. Also, if someone tries to cheat in HOA elections by doing things like fraud or bribery, it's now a serious crime¹.

The laws governing HOAs and condominiums in Florida are set by two main acts. These laws cover everything from starting an association to managing money and what homeowners can and can't do. For example, after a tragic building collapse, a new rule requires thorough checks on condos. It also says associations must quickly give access to their records². Another rule talks about using golf carts safely in communities, focusing on the driver's age and whether they have a license².

Starting in July 2024, HOAs will have to share their budget plans every year. They need to check regularly if they have enough money saved for big repairs or improvements³. Boards will also have training and can't stay on forever to make sure they serve well. And meetings have to be open for all to join, making things more transparent³. Adding electronic voting makes it easier for people to take part in decisions³, which helps meet Florida's HOA laws.

House Bill 919 introduces the "Homeowners' Association Bill of Rights." This focuses on making HOAs act fairly and openly. It talks about how conflicts of interest must be shared, how records should be kept, and how they must tell members about meetings properly². This set of laws aims to protect the rights of HOA members and ensure communities are managed well.

If you're looking for more info on these HOA changes in Florida, especially for Orlando homeowners, check out this site ³.

Florida Homeowners' Association Act

The Florida Homeowners' Association Act is found in Title 40 Chapter 720 of the state statutes. It guides the operations of homeowners' associations (HOAs) in Florida⁴. It details how HOAs, especially those with over 100 parcels, should follow rules and procedures⁵. In 2023, changes were made to improve transparency and financial rules⁶.

Formation and Operation

HOAs in Florida are set up under strict rules. They ensure fairness. HOAs form as non-profit corporations and are guided by a board⁴. This board upholds rules covering maintenance, design, gardens, and pets⁴.

Board members receive training to run the HOA well. Small communities need four hours of training, big ones need eight⁵. Keeping financial records for seven years is crucial⁴.

Compliance Requirements

Florida's HOAs must share important documents like rules and budgets on their websites by Jan. 1, 2025⁵. They hold regular meetings, including a crucial annual one⁴. It's illegal for them to use debit cards for expenses⁵. The "Homeowners' Association Bill of Rights" demands clear notices and fair play to ensure openness⁶.

Rights and Obligations of Homeowners

Homeowners have distinct rights and duties under this law. They're welcome at board meetings and can speak up⁴. They can fly two flags, despite HOA rules, due to a new law⁶. This act also allows storing boats, RVs, or using fake grass if properly regulated⁶.

Homeowners must pay fees for the community's upkeep and other special costs⁴. Not paying can lead to serious problems, like liens or losing one's home⁴. In Orlando, state law protects homeowners, ensuring they are treated fairly in their HOA⁴.

Florida Condominium Act

The Florida Condominium Act is in Florida Statutes § 718. It sets up rules for condo life and its management in the state⁷. It covers all condos, whether they're for living, business, or both. This way, condo rules stay the same all over Florida⁷.

Management and Governance

A big part of the Act deals with how condos are run. This includes forming an association led by directors chosen by condo owners⁷. These associations make bylaws and rules for everyone to follow. They also have to be clear about money matters and follow strict budget and report rules⁷.

Roles of Condominium Associations

Condo associations keep the peace and make sure policies are followed. In places like Orlando, they handle money, repairs, and rule enforcement. The law says they have to save money for big purchases or repairs. But, if an item lasts more than 25 years, they don't need to save for it⁸. They also need to make places safer, like adding security cameras. Plus, workers have to learn how to prevent crimes by 2025⁸.

Dispute Resolution

The Act also makes solving disputes a priority. It suggests ways like mediation or arbitration to settle disagreements⁷. Court cases, like Bhogaita v. Altamonte Heights Condominium Assn., show how vital these processes are. They help everyone get their concerns heard and solved right⁷.

To really understand the rules for Homeowners' Associations in Florida, including condos, check out county and state sites. For extra details, click here ⁸.

Florida Not for Profit Corporation Act

The Florida Not for Profit Corporation Act sets rules for not-for-profit HOAs in Florida. It lays out how these groups should be structured and run. These rules make sure they follow the law and act fairly, particularly in Orlando.

Application to Homeowners Associations

In Florida, Homeowners Associations (HOAs) must work as not-for-profit organizations. This fits with Florida's legal rules and helps protect community and homeowner interests. They can't fine more than $100 for one issue to keep things fair for homeowners⁹.

Also, they must give a 45-day heads-up before going after unpaid dues. This offers an extra protection layer for homeowners⁹.

Organizational Requirements

HOAs must be open and responsible in their work. They are required to keep good records, share their finances regularly, and let members have a say. For example, they need to set aside at least 15% of yearly money for community projects. They must tell everyone how this money is used¹⁰.

They also need to give a summary of their rules, financial status, and meeting notes to potential buyers. And they offer a three-day period when the deal can be called off¹⁰.

In Orlando, these groups must follow these rules to stay on the right side of the law. Doing so helps build trust and keep everything stable. Keeping an eye on the finances means homeowner's interests are always protected⁹.

For details on what HOAs need to do, check out this guide here.

Florida Cooperative Act and Its Impact

The Florida Cooperative Act sets up rules for co-op ownership of properties in Orlando. It protects members' rights and outlines how to run these co-ops. It’s vital for creating fair and efficient housing communities.

It covers several areas like how elections and meetings should happen. Every 10 years, buildings taller than three stories must get checked. This is to keep everyone safe read more about new laws ¹¹. The goal is to keep buildings in good shape and residents secure.

Co-op leaders must learn specific rules within 90 days of joining. This makes sure they know how to manage properties legally and effectively¹¹. It brings more trust and clarity to the way co-ops work in Orlando.

Following the act’s rules helps manage communities better and saves money¹². People living in co-ops tend to be happier. Many problems are solved without going to court, which saves time and stress¹².

The law supports the growth of co-op housing in a positive way. It aims to make Florida’s co-op communities strong and fair for everyone. By setting solid ground rules, it benefits everyone involved in Orlando’s real estate co-ops.

Florida Fair Housing Act

The Florida Fair Housing Act (FFHA) is key in fighting housing discrimination. It matches state laws with the Federal Fair Housing Act (FHA). This law protects people from being treated unfairly because of their race, color, religion, sex, national origin, familial status, or disability. It makes sure everyone has fair housing in places like Orlando¹³.

Anti-Discrimination Provisions

The FFHA includes strict anti-discrimination statutes Florida. It protects from bias. "Familial status" means people under 18 living with parents or legal guardians. Also, it defines disabilities as physical or mental impairments that limit life activities. Current substance abuse is not covered¹³. These rules highlight the need to accommodate residents with disabilities. Changes might be needed in shared facilities, such as ramps or handicap parking, at the resident’s cost¹³.

Landlords have to allow service and emotional support animals. This is even in no-pet homes¹³.
It's not allowed to ask during screening about children, disabilities, or where someone comes from¹⁴.
It's illegal for landlords to use words that discriminate when advertising a property.

Legal Precedents and Cases

Court cases help clarify the FFHA's rules. A key example is Warren v. Delvista Towers Condo. Assoc. This case confirmed that housing providers must make reasonable changes for disabilities, unless it’s too hard. Such cases show the importance of making housing fair for everyone in Orlando¹⁴.

Housing discrimination law FL can lead to fines and legal steps. For a first mistake, the fine can be up to $16,000¹⁴. Victims have a year to complain to HUD or the Florida Commission on Human Relations. They have two years to take it to Federal Court¹⁴.

Homeowners' associations need to clearly explain any rejections. They should base it on rules, past issues, or criminal records to avoid discrimination claims¹⁵. Keeping clear records helps prevent legal problems.

If someone feels they’ve been discriminated against, they can fight it. Getting legal advice is a good first step. This ensures fair treatment under the fair housing Orlando laws¹⁵.

The Role of the Florida Commission of Human Relations

The Florida Commission of Human Relations (FCHR) protects civil rights in FL. It fights discrimination effectively. The commission checks on state laws and stays neutral in its investigations.

Enforcement of Civil Rights Laws

The FCHR applies civil rights laws in areas like jobs, homes, and public places. It takes housing discrimination in Florida seriously. It wants to stop violations of the Fair Housing Act.

They look at places like hotels, restaurants, gas stations, and places for fun. Their work makes sure these places follow anti-discrimination rules and respect everyone’s rights.

Filing Complaints and Legal Recourse

If people face discrimination in an HOA, they can complain to the FCHR. The human relations commission in Orlando makes it easy to report issues and seek fairness. The Commission works with local and federal groups like HUD to protect people well.

They also offer mediation and aim to solve problems quickly¹⁶. If needed, victims can go to hearings or court and may get compensation¹⁶. This way, the FCHR upholds civil rights in FL and helps those affected.

Consumer Collection Practices for HOAs in Orlando

In Florida, HOAs must follow certain rules for collecting money from homeowners. They have to deal with the Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA). These laws help protect homeowners from being treated unfairly.

Florida's Consumer Collection Practices Act

The laws for community groups in Florida have been updated. Now, HOAs must give homeowners 30 days' notice before they can claim money owed as a lien. This Notice of Late Assessment helps homeowners avoid extra costs¹⁷. And if the payment is still not made, the HOA must send another notice 45 days before making the lien official¹⁷. These steps give homeowners enough time to sort out their payments.

Fair Debt Collection Practices Act

Alongside Florida's laws, the Fair Debt Collection Practices Act makes sure HOAs collect debts fairly. It bans any mean or sneaky ways of collecting owed money. Community groups must take legal steps within a year after putting a lien on a property. If a homeowner challenges the lien, the HOA has 90 days to act¹⁷. It's important for homeowners, especially in Orlando, to know these rules because condo fees are considered consumer debts¹⁷.

By knowing these laws and talking with their HOAs, residents can protect themselves from illegal collection methods. This also helps avoid any legal issues about HOA debts in Florida¹⁷.

FAQ

What are the main laws governing HOAs in Orlando, FL?

Orlando's Homeowners' associations follow several laws. These include the Florida Homeowners’ Association Act and the Florida Condominium Act. Also, they adhere to the Florida Not for Profit Corporation Act, the Florida Cooperative Act, and the Florida Fair Housing Act.

What compliance is required for HOAs in Orlando under the Florida Homeowners' Association Act?

Orlando HOAs must follow certain rules according to the Florida Homeowners' Association Act. They need to stick to corporate procedures, enforce rules, and be transparent.

How does the Florida Condominium Act affect condo associations in Orlando?

The Florida Condominium Act impacts condo associations significantly. It governs management, enforces bylaws, takes care of common areas, and helps solve disputes.

How must HOAs in Orlando be structured according to the Florida Not for Profit Corporation Act?

The Florida Not for Profit Corporation Act says HOAs in Orlando must set up as nonprofits. They must follow certain organizational rules about their structure and procedures.

What protections are provided by the Florida Fair Housing Act?

The Florida Fair Housing Act fights discrimination in housing. It disallows prejudice based on race, color, or religion. Also, it ensures accommodations for disabilities, barring any undue hardships.

What role does the Florida Commission of Human Relations play in HOA-related issues?

The Florida Commission of Human Relations tackles housing discrimination. They oversee civil rights laws and offer ways to file complaints and get legal help.

How are debt collections within HOAs regulated in Florida?

In Florida, HOAs’ debt collections are under strict rules. The Florida Consumer Collection Practices Act and the Fair Debt Collection Practices Act stop unfair collection methods.

Can homeowners file complaints against HOAs for discrimination in Florida?

Yes, homeowners who face discrimination from their HOA can seek help. They can file complaints with the Florida Commission of Human Relations, under the Florida Fair Housing Act.

What legal cases highlight the governance of HOAs in Florida?

Important cases like Warren v. Delvista Towers and Bhogaita v. Altamonte Heights Condo Assoc. underline fair treatment. They show the need for reasonable accommodations and preventing discrimination in HOAs.