HenryD3 (Florida)
Posts: 49
Posts: 49
Posted:
Florida HB1203 in 2024, made some significant changes to some of the rules HOAs can enforce in Florida.
Our HB1203 allows non-commercial vehicles to park in driveways as long as they do not block sidewalks. The Board changed our community Supplemental Rules to include on page 1 this disclaimer:
Statements identified with an asterik (*) on Pages 4, 5, and 6
are no longer valid or required based upon Florida Statute
720.3075(3) which went into effect on July 1, 2024.
On page 5 -
I. Resident vehicle parking. Paragraph 2b does not apply to tenants.
1. No resident's vehicle may be parked in a Villa driveway between the hours of 1:00 am and 6:00am,
unless the Property Manager is notified in advance. *
2. Any resident's overnight driveway parking will be charged against the 30-day per Villa maximum guest parking allowance. *
a. The resident must notify the Property Manager of their intent to park overnight in their driveway. *
(etc).
My concern is that the community rules are posted on the community website for current and prospective homeowners. We have heard from real estate agents that the overnight parking ban has turned some buyers away in the past. Although the Florida law changed July 1, 2024, and the community rules now have the disclaimer that the parts that were impacted by the law change are "no longer valid or required", it certainly is not the intent of what the legislature wrote.
The community attorney has advised that the above notice is sufficient. What are we missing?
Our HB1203 allows non-commercial vehicles to park in driveways as long as they do not block sidewalks. The Board changed our community Supplemental Rules to include on page 1 this disclaimer:
Statements identified with an asterik (*) on Pages 4, 5, and 6
are no longer valid or required based upon Florida Statute
720.3075(3) which went into effect on July 1, 2024.
On page 5 -
I. Resident vehicle parking. Paragraph 2b does not apply to tenants.
1. No resident's vehicle may be parked in a Villa driveway between the hours of 1:00 am and 6:00am,
unless the Property Manager is notified in advance. *
2. Any resident's overnight driveway parking will be charged against the 30-day per Villa maximum guest parking allowance. *
a. The resident must notify the Property Manager of their intent to park overnight in their driveway. *
(etc).
My concern is that the community rules are posted on the community website for current and prospective homeowners. We have heard from real estate agents that the overnight parking ban has turned some buyers away in the past. Although the Florida law changed July 1, 2024, and the community rules now have the disclaimer that the parts that were impacted by the law change are "no longer valid or required", it certainly is not the intent of what the legislature wrote.
The community attorney has advised that the above notice is sufficient. What are we missing?