HB 1203 was passed in 2024 with the intention of promoting transparency and consistency across Florida homeowners associations. There were several items included in this bill addressing a range of issues such as parking, fines and record keeping.

Find out how an attorney might approach some of the new Florida laws

Many owners were excited, or at least optimistic about the possibility of having more freedom and transparency in their neighborhoods. However, not all associations supported the bill. In fact, some refused to comply with the law, and as of now, they may not be legally obliged to do so.   

Table of contents

• Websites and records
• Mandatory certification for board members
• Parking
• Backyard aesthetics
• Kaufman language and pushback against new laws

Communities are still trying to navigate the new laws. And it’s not just HOAs. Condos are also dealing with new legal additions. Condo Control recently hosted a webinar to discuss the big issues in more detail.

Steve Adamczyk, Attorney and Partner at Varnum LLP, was one of the experts on this panel, and he offered a lot of great information about how some of these laws are impacting Florida communities. Attendees had an opportunity to ask Steve some good questions as well.   

Below, we will outline the topics discussed in the webinar, and we invite you to download the Q&A document, too.

Please note that the information provided here, and in the Q&A document, is for general informational purposes only and does not constitute legal advice. You should always consult with an attorney for advice about specific situations.

Websites and records

All HOAs that contain 100 parcels or more must maintain a website or application that can be downloaded through a phone, states HB 1203.

They must also host digital copies of most of the association’s official records, including articles of incorporation, CC&Rs, bylaws, rules, current insurance policies, the annual budget, and current certification of each director.

Similarly, HB 1237 requires condo associations with 150 or more units (excluding timeshare units) to have a website or application that complies with specific obligations. Amendments were made in 2024, so now small condominiums with 25 or more units must also have a website.

Both condo and HOA websites must be accessible through the internet, and contain a subpage, web portal, or other secure electronic location that is password-protected. This is required so the general public cannot have access to the community’s documents.

While it does take some work to get a website, portal or similar application up and running, the work is worth the rewards.

It is both more convenient and less expensive to share records and documents through a website as opposed to printing and mailing hundreds of pages to owners.

It also helps improve transparency and trust between the board and owners. Owners have a right to access records, and unless otherwise provided by law or the governing documents of the association, most records must be maintained for at least 7 years and be made available to owners for inspection or photocopying within 45 miles of the community, or within the county in which the association is located, within 10 business days after a written request from an owner is received.

Communities can comply with this requirement by making the records available to owners electronically. Instead of having to constantly make requests to see the latest budgets or contracts, owners have barrier-free access to important association information.   

Ultimately, this law reduces the workload for board members and/or staff. It’s a practical law, and should make life easier for condo and HOA communities.

Mandatory certification for board members

HB 1021 requires condominium directors to complete a Department of Business and Professional Regulation-approved educational curriculum that is at least 4 hours long and includes instruction on milestone inspections, structural integrity reserve studies, elections, recordkeeping, financial literacy, and transparency, levying of fines, as well as notice and meeting requirements, within 90 days of appointment or election. The certificate of completion is valid for up to seven years.

They must also certify, in writing, that they have read the association’s governing documents, will work to uphold the documents to the best of their ability, and faithfully discharge their duties.

They must certify on a form provided by the DBPR that they have completed the required written certification and educational certificate requirements. 

Finally, 1 year after completing the 4-hour course, and each year thereafter, the director must complete at least 1 hour of continued education about recent changes to the condominium laws and rules during the past year.

HB 1203 requires HOA directors to complete an educational curriculum administered by a DBPR-approved education provider within 90 days of being elected or appointed. The certificate of completion is valid for up to four years.

Directors must complete continuing education annually: 4 hours for associations with fewer than 2,500 parcels and 8 hours for those with 2,500 or more parcels.

Association managers are also subject to continuing education requirements under HB 1203, but may be exempt if they meet certain requirements.

Managers are expected to complete at least 5 hours of continuing education, biennially, that specifically relate to homeowners’ associations, and 3 hours of the education must relate to recordkeeping.

Once the certification course has been completed, members should give their certificates to the secretary or property manager so that they can be added to the community’s collection of official records.

Existing directors must complete the initial education requirement by June 30, 2025.

The training is minimal, and helps new board directors understand basic requirements and best practices for HOA/condominium governance.

Training can address assumptions, rumors, and incorrect statements and beliefs regarding Florida law. It is a valuable opportunity to identify areas of HOA and condominium law that can be confusing.

Parking

Some HOA members got excited about this section of HB 1203. HOAs cannot prohibit personal or work vehicles (pickup trucks) from parking in a homeowner’s driveway. They also cannot ban first responder vehicles from parking on public roads within the community.

Basically, members are allowed to park a truck or commercial vehicle anywhere they could park a four-door car.

This law does not apply to commercial vehicles that have more than two axles and weigh more than 26,000 pounds.

In the past, pickup trucks may have been considered low-class vehicles. But trucks today are quite luxurious (and expensive).

Backyard aesthetics

HB 1203 also addressed HOA backyards. Unless prohibited by general law or ordinance, HOAs cannot regulate boats, flags, vegetable gardens, clothing lines and artificial turf in backyards if they are not visible from the parcel’s frontage or an adjacent parcel, an adjacent common area, or a community golf course.

To summarize, associations can’t regulate anything that can’t be seen, although they can still have rules about these things.

This law is one of the more challenging ones because some neighbors may claim they can still see the artificial turf or flag from their rooftop.

While the intent is to give owners a bit more freedom, in some cases, the law could create more work for managers or the board.

Kaufman language and pushback against new laws

While the new laws aim to create better community associations, there are some communities that have no intention of following them.

They can do this, at least for now, because there is no Kaufman language in their governing documents.

Kaufman language refers to the phrase “as amended from time to time.” If you have Kaufman language in your governing documents, substantive statutes will generally apply to the condo or HOA.

By incorporating this language, communities are essentially opting in to having the documents molded and changed as the legislature impairs the rights in the documents.

Without the language, associations freeze their documents. That is why some communities may say that they are not bound by HB 1203, or future laws.

As issues begin to surface in law firms, the interpretation and application of new laws versus existing governing documents will be a critical area of legal contention.