There are many luxury condominiums and subdivisions in Florida. These dwellings are popular among those who are commonly referred to as “snowbirds,” which are people who live in states north of here for most of the year, then come to Florida when winter hits their hometowns. The snowbird community lives right alongside full-time residents in communities governed by a Homeowners Association. This past October, new HOA laws were enacted that enhance protection of homeowners’ rights.
Florida comes in second place for states with the most HOA communities. Monthly fees in these communities typically range between $100 and $500. The new laws in effect, which are often referred to as the “Homeowners’ Bill of Rights,” protect a homeowner’s right to know exactly what an HOA is doing with the monthly fees.
Additional protections provided through new HOA laws
A clause in the new HOA laws in Florida states that funds paid for a required financial deposit cannot be commingled with other HOA funds. A homeowner has a right to know exactly what the deposit is for and may request an accounting of the funds, with any leftover monies being returned within one month. HOA members’ right to vote is also protected under the new laws, which specifically states that any board member who influences, prohibits or bribes a member in the voting process is guilty of a misdemeanor.
Anyone living in a Florida HOA community may want to review the new laws. If a dispute arises, it is always best to obtain legal counsel from an attorney who is well-versed in HOA issues. Through skilled negotiation, many issues can be resolved out of court; however, it’s wise to have an attorney on hand who can initiate litigation if necessary.
