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State Representative Juan Carlos Porras Led Efforts to Bring This Legislation Forward After Significant Incidents in District
State Representative Juan Carlos Porras is proud to announce that Governor Ron DeSantis has signed HB 1203, a comprehensive legislative package to crack down on fraud within homeowners’ associations (HOAs) and enhance transparency and accountability. This new law builds on the previous session’s reforms initiated with HB 919, the Homeowners Bill of Rights.
Representative Juan Carlos Porras emphasized the importance of these reforms, stating, “HB 1203 is a significant step forward in protecting homeowners and ensuring that HOAs operate with the highest level of integrity. These measures will enhance transparency, improve accountability, and safeguard residents from fraudulent activities. I am proud to have championed this legislation and will continue to work towards improving the lives of my constituents and all Floridians. Our communities deserve to know that their interests are protected and that there will be serious consequences if these entities engage in any misconduct.”
HB 1203 introduces several critical measures to ensure homeowners’ associations operate more openly and ethically. The key provisions of this bill include:
- Expanded Educational Requirements: The bill mandates enhanced educational requirements for Community Association Managers (CAMs) and HOA board members to ensure they are fully informed about their duties and responsibilities.
- Website Requirement: Starting January 1, 2025, HOAs with 100 or more parcels must establish a website accessible to HOA members. This website will host essential documents, including bylaws, providing members easy access to crucial information.
- Fine Reform: Homeowners can request a detailed accounting of any amounts owed to the HOA. If the HOA fails to provide this information, the board may forfeit the outstanding fine under certain circumstances. Additionally, HOAs must issue a 14-day hearing notice and cannot impose penalties if the issue is corrected before the hearing.
- Regulation of Property Interiors: The bill prohibits HOAs from regulating the interiors of structures that are not visible from the property’s frontage, adjacent property, common areas, or community golf courses, including regulations concerning AC units, vegetable gardens, and clotheslines, provided they meet HOA-approved standards.
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- Enhanced Criminal Penalties: HB 1203 intensifies criminal penalties for misconduct within HOAs. Kickbacks related to fines are now classified as a third-degree felony. The bill also establishes first-degree misdemeanor penalties for various forms of HOA election fraud, including aiding, abetting, or conspiring in fraudulent voting activities.
- Financial Transparency: HOAs with over 1,000 parcels must prepare audited financial statements annually, ensuring greater financial transparency and accountability.
- Debit Card Restrictions: Board members are prohibited from using debit cards issued in the HOA’s name. Unauthorized use of such debit cards is considered theft and prosecuted accordingly.
This landmark legislation marks a new era of HOA governance in Florida, setting a higher standard for transparency and accountability. For more information about HB 1203 and its implications, please contact the office of State Representative Juan Carlos Porras at (305) 252-4307.
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