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New 2024 HOA Laws that Homeowners Should Know

Around 30% of all homeowners in the United States live in some type of common-interest housing governed by a community or homeowners association. This can include condos, co-ops, HOA communities, timeshares, or mobile home parks. That's roughly 75.5 million people in the United States, who are required to follow specific HOA rules and regulations for their state or community.

Many homeowners buying into an HOA assume the bylaws, rules, and regulations they receive at the time of purchase will govern their homes throughout their tenure in the HOA. However, HOA laws and statutes undergo regular updates and operate on a state-by-state basis. Residents must stay informed about changes and new rules. Here are some guidelines about why, when, and how changes are made within HOA communities, and a look at what's changed for 2024 that homeowners should know.

When HOA Changes Are Made

“State lawmakers look at constituent concerns and review operational deficiencies within the state HOAs to make necessary improvements to the existing laws," says Robert Johnson, a consultant for Florida-HOA.com in Tampa, Florida.

"Typically, legislation passes one, maybe two bills a year, which typically combine pieces of different HOA bills," he says. "For example, if three bills are brought to legislation – let's say an ordinance on flags, clotheslines, and vegetable gardens – eventually, they will combine many of these past bills to simplify the language and include it in a larger, more encompassing bill."

Many of these changes seem small, but they can include significant changes for HOAs to abide by within the state regarding zoning, insurance requirements, notification requirements by the HOA, allowance of short-term rentals, and governance requirements.

States with high rates of HOA ownership, such as Florida, have made some notable changes over the last year. Florida is of particular note because it has more community associations, condos, co-ops, timeshares, mobile home parks, and HOAs than any other state. "Since Florida statutes have been around for so long, it's often used as a bellwether for implementing HOA laws elsewhere," Johnson says.

Florida HOA Changes

Florida passed the Florida Homeowners Association Act in October 2023. Often referred to as the "Homeowners Association Bill of Rights," the statute improves transparency between board members and residents while raising the standard for operation.

Disclosure and notices: The statute now requires members to receive an agenda and notice of every upcoming meeting. This helps members become more informed about what will be discussed and participate if they want to vote on a particular issue. Notice requirements: If an HOA member is fined for anything, it must be very detailed and follow a specific timeline.

Requirements for HOA board members: HOA board members are fiduciary officers of the HOA. If there is any HOA board member that contracts with a third party that they have a financial interest in, it must be disclosed to the board so the members can discuss if there is anything financially impermissible happening.

Minimizing possibilities of fraudulent voting: This bill has strong guidance and laws about what will be considered fraudulent voting activities and the subsequent punishment. In Florida, legislators identified six criteria for what would be considered fraudulent voting by members and board members. They also outlined potential criminal misdemeanor charges.

How to Be Informed of HOA Changes

HOA boards are required to inform their residents about these changes when they are enacted. If you receive mail or emails from your association, don't just throw them in the trash or delete them—read them because they are required to disclose changes like these.

If you feel your HOA has not adequately informed you, contact them to let them know they must communicate changes to the residents.

Most HOAs are following the rules and will notify you of annual changes but be watchful for notices from your HOA board. If you want to be a part of the change-making process, attend the meetings or run to serve on the board yourself.



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