• HOA directors must disclose any affiliation they have with a vendor, and approval of those contracts requires a two-thirds vote of the directors. It also gives HOA members the right to disaffirm one of these contracts at a future members' meeting with a simple majority vote.
• HOA directors cannot personally receive goods or services from any providers working with the association.
• Prohibits a community's developer from making a unilateral amendment to the declaration governing an association if that amendment is arbitrary, capricious or in bad faith; or if it destroys the general plan of development, prejudices the rights of members to use common property, or materially shifts economic burdens from the developer to members.
• All Florida Homeowners Associations (HOAs) must register with the state Department of Business and Professional Regulation (DBPR) by Nov. 22, 2013. When registering, they must include their a) name, b) federal ID number, c) mailing and location addresses, d) total number of parcels, and e) total revenue and expenses in annual budget.
In addition to major provisions, the new law also creates rules for troubled associations, such as oversight into the way a development is turned over to members if the developer faces bankruptcy or abandons the project.
The complete bill is posted online by the Florida Legislature.
New Florida Laws Affecting Homeowner Associations and Homesteads