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HenryD3 (Florida)
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are no longer valid or required based upon Florida Statute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July 1, 2024, and the community rules now have the disclaimer that the parts that were impacted by the law change are "no longer valid or required", it certainly is not the intent of what the legislature wrote.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?

ElleN (Idaho)
Posts: 1,339
Posted:
I do not understand what you think was not the intent of what the legislature wrote.

Are you asking whether the new FS 720.3075 (3) actually prohibits the page 5 rules? If so, here is my opinion:

I. Resident vehicle parking. Paragraph 2b does not apply to tenants.

What does paragraph 2 b state?

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. *


Assuming a Villa driveway is an owner's driveway, I agree all of the above is now not enforceable.

TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By HenryD3 on 01/31/2025 9:37 PM

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?

In my opinion, the attorney is probably correct that this is all that legally has to be done.

I think the Association should identify specifically what is no longer valid (suggest lining out with an foot note identifying the statute).
That will clear up any confusion and, perhaps, make your development more attractive to buyers. It's also, in my opinion, the right thing to do (vs. simply doing the legal minimum).

Perhaps you can draft up a change to the rule to reflect the statute for the board to consider (as I have found individuals are more likely to say yes if they don't have to do the work).

HenryD3 (Florida)
Posts: 49
Posted:
TimB4,
Thank you. There is nothing to draft for the Board, if the unenforceable (old rules) are simply deleted from the document would remove the confusion.

Henry

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