State lawmakers are taking a closer look at homeowners associations in the new legislative session that’s now underway in Tallahassee. The several bills about homeowners associations being looked at by state lawmakers in Tallahassee are designed to increase transparency and accountability of HOA’s after instances of wrongdoing at some HOA’s across the state, including corruption.One of the bills would lower the requirement for HOA’s to post documents online from needing at least 150 units to be required to post documents online down to 25 units.Attorneys who represent both property owners as well as attorneys for HOA’s and condo boards agree this bill would have positive results.Follow us on social: Facebook | Twitter | Instagram | TikTok | YouTube”This way the unit owner or prospective buyer of a condominium can easily access all the records and other contracts and become familiar with the situation, make a more intelligent decision about buying or once they are in the community and if an issue develops or problem they can quickly access record,” said Peter S. Sachs, planned unit development attorney with Sachs, Sax and Caplan P.L.”When there is more transparency there is more opportunity for property owners to know what the rules are and make sure everybody is following the rules in their community,” said Jeffrey Kominsky, Esq., managing partner of LS Carlson Law.The attorneys disagree over a bill that would increase the capabilities of the Florida Department of Business and Professional Regulation, which regulate HOA’s and condo boards. “I think enhancing the penalties is not necessarily the answer because if these people are committing crimes at this point there are criminal statutes that cover that,” said Sachs. “The concern is if you make it that difficult to be a director or manager it would have a chilling effect on people who are willing to provide those services.””Some people in the community might see this change and might not want to run for a board position or stay on a board because of these issues but at the end of the day, everyone needs to follow the rules and board members know that more than anything else,” said Kominsky.HB 1203 would revise provisions relating to homeowners associations, including criminal penalties for certain actions by officers, directors, or managers of an HOA.HB 431 would limit the amount of fines for a continuous violation to $500. HB 59 would limit the amount of fines for a continuous violation to $500.HB 59 would require an HOA to provide copies of the association’s rules to all residents before Oct. 1.HB 173 would require not-for-profit corporations that operate residential homeowners associations to donate or use at least 15 percent of the association’s 25 total annual income to benefit the community in the county in which the community served by the association is located.HB 595 requires the Florida Department of Business and Professional Regulation to establish a searchable database by specified date which contains specified information regarding each homeowners association.
State lawmakers are taking a closer look at homeowners associations in the new legislative session that’s now underway in Tallahassee.
The several bills about homeowners associations being looked at by state lawmakers in Tallahassee are designed to increase transparency and accountability of HOA’s after instances of wrongdoing at some HOA’s across the state, including corruption.
One of the bills would lower the requirement for HOA’s to post documents online from needing at least 150 units to be required to post documents online down to 25 units.
Attorneys who represent both property owners as well as attorneys for HOA’s and condo boards agree this bill would have positive results.
Follow us on social: Facebook | Twitter | Instagram | TikTok | YouTube
“This way the unit owner or prospective buyer of a condominium can easily access all the records and other contracts and become familiar with the situation, make a more intelligent decision about buying or once they are in the community and if an issue develops or problem they can quickly access record,” said Peter S. Sachs, planned unit development attorney with Sachs, Sax and Caplan P.L.
“When there is more transparency there is more opportunity for property owners to know what the rules are and make sure everybody is following the rules in their community,” said Jeffrey Kominsky, Esq., managing partner of LS Carlson Law.
The attorneys disagree over a bill that would increase the capabilities of the Florida Department of Business and Professional Regulation, which regulate HOA’s and condo boards.
“I think enhancing the penalties is not necessarily the answer because if these people are committing crimes at this point there are criminal statutes that cover that,” said Sachs. “The concern is if you make it that difficult to be a director or manager it would have a chilling effect on people who are willing to provide those services.”
“Some people in the community might see this change and might not want to run for a board position or stay on a board because of these issues but at the end of the day, everyone needs to follow the rules and board members know that more than anything else,” said Kominsky.
HB 1203 would revise provisions relating to homeowners associations, including criminal penalties for certain actions by officers, directors, or managers of an HOA.
HB 431 would limit the amount of fines for a continuous violation to $500. HB 59 would limit the amount of fines for a continuous violation to $500.
HB 59 would require an HOA to provide copies of the association’s rules to all residents before Oct. 1.
HB 173 would require not-for-profit corporations that operate residential homeowners associations to donate or use at least 15 percent of the association’s 25 total annual income to benefit the community in the county in which the community served by the association is located.
HB 595 requires the Florida Department of Business and Professional Regulation to establish a searchable database by specified date which contains specified information regarding each homeowners association.
