On June 12, 2023, Governor DeSantis signed into law House Bill 919 (2023), the “Homeowners’ Associations Bill of Rights,” which amends Chapter 720, Florida Statutes, in several meaningful ways, including:
- Requiring notice for board of directors meetings to identify all agenda items.
- Providing that a member’s designated mailing address for notices is the property address unless the member updates in writing.
- Providing that a member’s designated email address is the one provided on the consent to receive electronic notice unless the member updates in writing.
- Requiring the association to remove member email addresses and facsimile numbers provided for electronic notice when an owner revokes consent for electronic notice.
- Requiring the association to maintain funds received from individual owners for individual purposes separately from other funds, to provide the member an accounting upon demand, and to return any unused funds within 30 days of completion of the purpose for which the funds were paid.
- Subjecting an officer, director, or manager who solicits, offers to accept, or accepts any thing or service from persons proposing or providing goods or services to the association without consideration to monetary penalties under Fla. Stat. Sec. 617.0834.
- Disqualifying from running and/or removing from the board any officer or director charged with:
- Forgery of a ballot envelope or voting certificate in violation of s. 831.01;
- Theft or embezzlement of association funds or property in violation of s. 812.014;
- Destruction of or the refusal to allow inspection or copying of an official record of a homeowners’ association, which is accessible to parcel owners within the time periods required by general law, in furtherance of any crime, and providing such action constitutes tampering with physical evidence under s. 918.13;
- Obstruction of justice in violation of Chapter 843.
Visit our website to learn more and to read this alert in full.