June 13, 2024

Florida Gov. Ron DeSantis recently signed into law House Bill 59 regarding the rules and covenants of homeowners associations. Effective July 1, 2024, House Bill 59 requires HOAs to furnish every member of the association, as well as all future members, with either a physical or digital copy of the association’s rules and covenants. Furthermore, in the event of any amendments or alterations to these rules or covenants, updated copies must be promptly distributed to members. Before October 1, 2024, all existing HOAs must provide a physical or digital copy of the association’s rules and covenants to every member of the association.

Homeowners associations are granted the option to streamline this process by providing links to the complete set of rules and covenants on their official websites, subsequently notifying all members by email or traditional mail. It is encouraged that the association send copies of all its governing documents and rules to ensure compliance with this new law.

While this directive appears straightforward, its implications are profound. While many HOAs are dedicated to cultivating safe and harmonious communities, instances have arisen where certain associations have garnered attention for enforcing fines based on rules that are either ambiguous or overly restrictive, sometimes perceived as arbitrary, obsessive, or even vindictive.

This measure aims to foster transparency and clarity within HOA governance, empowering members with accessible information while promoting fairness and accountability in rule enforcement.