New Florida Laws for HOAs and Condos
Hey there! If you’re involved with a Homeowners Association (HOA) or a Condominium Owners Association (COA) in Florida, you’ll want to pay attention to some significant changes coming your way. Starting July 1, 2024, the Florida legislature is rolling out new laws that will reshape how these associations operate. Let’s dive into what this means for you and your community.
Understanding the Changes
Whether you’re a property owner or a board member, it’s crucial to get a handle on these new laws. There’s a lot of information floating around, and it can be a bit overwhelming or even confusing. The key is to navigate this carefully.
One of the major concerns is how these new laws align with your association’s governing documents. The application of these new rules to your association largely depends on the specific language in your documents.
What is Kaufman Language?
You might hear the term “Kaufman language” tossed around. This legal jargon comes from a 1977 Florida case. Essentially, if your association’s documents include phrases like “…as amended from time to time,” this means that your rules automatically update with any changes in state laws. If this language isn’t present, applying the new laws might get trickier, and you may need a legal expert to help out.
Types of Changes: Substantive vs. Procedural
The new laws introduce two main types of changes:
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- Substantive Changes: These impact the rights of property ownership.
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- Procedural Changes: These affect how the association is managed.
If your documents don’t include Kaufman language, procedural changes should be straightforward to apply. However, substantive changes might be more complex and could require legal guidance.
Getting Legal Help
Navigating these new laws can be complicated, so it’s a smart move to consult a lawyer who specializes in Florida HOA and condo laws. They’ll ensure that your association stays compliant and that property owners’ rights are well protected.
What Your Association Should Do
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- Consult a Lawyer: Have your governing documents reviewed to understand how the new laws apply, especially if you don’t have Kaufman language.
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- Communicate with Members: Share the legal advice and any necessary changes with all members. Consider holding a board meeting—perhaps online to maximize participation.
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- Make Necessary Changes: Once you know what’s needed, update your practices to align with the new laws.
Conclusion
The new laws represent a big shift for Florida’s HOAs and condo associations. By seeking legal advice and taking proactive steps, your association can smoothly adapt to these changes and continue to protect its members’ rights.
