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On February 26, 2014, Florida State Senator Alan Hays sponsored a bill to change Florida's HOA law (SB 1348).  The bill builds on a 2013 law that required a census be taken of Florida HOAs.  Now, the proposed 2014 bill would give the state the power to investigate complaints of HOAs and require a $4 per unit fee be charged to HOA residents.  The law also would allow the Division of Florida Condominiums, Timeshares and Mobile Homes to enforce compliance with HOAs that are under developer control, and allow the division to investigate complaints related to elections, financial matters, and association records for homeowner-controlled HOAs.  The law also would give the division the power to order removal of officers and board members.

This obviously presents a significant change to current HOA law in Florida.  Homeowners associations are distinct from condos under Florida law; the proposed senate bill would move HOAs much closer to condos, providing more oversight from Tallahassee.

Currently, there is no corresponding house bill.  It's also worth nothing that Senator Hays proposed a similar bill last year, which was not heard by any committees and that the House did not propose a companion bill.  We will be following the bill through the current legislative session, and post more detailed explanations of the law's provisions as it advances through the Senate (and possibly the House as well).

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