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LoriM15 (Florida)
Posts: 1,009
Posted:
In case you are interested, this site has a very good summary of the new changes to FS 720, the HOA statute. I suspect that some of these changes will be coming to other states. There's a link at the bottom for an analysis of the entire bill.

https://www.varnumlaw.com/insights/changes-florida-hoas-house-bill-1203/
DarrellF (Florida)
Posts: 2
Posted:
Unfortunately, most HOA residents don't understand that many of the new laws passed each year in Florida do not apply in most existing HOAs. Unless your HOA has “as amended from time to time" language in their declaration, rules that affect contracts do not apply. The Florida legislature could make statutes apply to all HOAs, but they have chosen not to for most new laws. Without explicitly incorporating amendments, only procedural rules passed by the legislature apply. Lawyers argue about what is and isn’t procedural, so sometimes the only way to make new procedural rules apply is going to court to get a ruling.

Attorney Eric Glazer maintains the Florida legislature could pass an amendment to Florida Statute 617.0102 that would apply statutes as amended to all condominiums, co-ops and HOAs built since 1991. The majority of Florida residents live in associations. The Florida Legislature must consider during the next legislative session if they want all condominiums,  HOAs and co-ops to be required to follow the new laws that they pass and are so vital for the health, welfare and safety of all of our residents. https://condocrazeandhoas.com/was-all-of-this-for-nothing/
LoriM15 (Florida)
Posts: 1,009
Posted:
I don't think your statement that "most HOA residents" live in HOAs that are effected by the changes in FS 720 statutes is correct. I would argue that most HOAs in Florida do have the language that makes them subject to the changes.

Most HOAs update their governing documents at some point, and the new documents almost always include the "from time to time" language that makes the new statutes applicable.

But if yours HOA doesn't have that language, then I guess you are lucky.
MarshallT (New York)
Posts: 414
Posted:
Thank you for sharing!
ArtB1 (Florida)
Posts: 97
Posted:
What most news stories fail to mention is that things like clotheslines and vegetable gardens can not be visible to neighbors

LoriM15 (Florida)
Posts: 1,009
Posted:
Quote:
Posted By ArtB1 on 07/05/2024 7:29 AM
What most news stories fail to mention is that things like clotheslines and vegetable gardens can not be visible to neighbors


Not to mention RVs and boats. And they fixed the wording from last year so now it says "from adjacent properties AND common areas". In my community, every home either has a neighbor, a lake (common area) or preserve (common area) behind their house. We don't allow tall fences, so unless they can plant six foot hedges immediately we don't have to allow it.

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