Courtesy of JD SUPRA
By Shumaker, Loop & Kendrick, LLP
Published July 30 , 2023
On June 12, 2023, Governor DeSantis signed into law House
Bill 919 (2023), the “Homeowners’ Associations Bill of Rights,” which amends
Chapter 720, Florida Statutes, in several meaningful ways, including:
Requiring notice for board of directors meetings to
identify all agenda items.
Providing that a member’s designated mailing address
for notices is the property address unless the member updates in
Providing that a member’s designated email address is
the one provided on the consent to receive electronic notice unless the
member updates in writing.
Requiring the association to remove member email
addresses and facsimile numbers provided for electronic notice when an
owner revokes consent for electronic notice.
Requiring the association to maintain funds received
from individual owners for individual purposes separately from other
funds, to provide the member an accounting upon demand, and to return
any unused funds within 30 days of completion of the purpose for which
the funds were paid.
Subjecting an officer, director, or manager who
solicits, offers to accept, or accepts any thing or service from persons
proposing or providing goods or services to the association without
consideration to monetary penalties under Fla. Stat. Sec. 617.0834.
Disqualifying from running and/or removing from the
board any officer or director charged with:
Forgery of a ballot envelope or voting
certificate in violation of s. 831.01;
Theft or embezzlement of association funds or
property in violation of s. 812.014;
Destruction of or the refusal to allow
inspection or copying of an official record of a homeowners’
association, which is accessible to parcel owners within the
time periods required by general law, in furtherance of any
crime, and providing such action constitutes tampering with
physical evidence under s. 918.13;
Obstruction of justice in violation of
During the pendency of any criminal proceedings
disqualifying or removing a director or officer, such director or
officer is not entitled to access the association’s official records
except pursuant to court order.
Directors and officers appointed by the developer
must disclose their relationship with the developer each calendar year
and must disclose any other activity which may reasonably be construed
to be a conflict of interest.
Directors and officers must disclose any activity
that may be reasonably construed to be a conflict of interest at least
14 days before voting on an issue or entering into a contract that is
the subject of the conflict.
Provides that a rebuttable presumption of a conflict
of interest exists where:
A director or officer, or their relative,
enters into a contract with the association; or
A director or an officer, or their relative,
holds an interest in a business entity that proposes to or is
already conducting business with the association.
Requires notices of sanctions committee hearing to
owner to include a description of the alleged violation, the specific
action required to cure such violation, and the date and location of the
Establishes right of owner to attend sanctions
committee meeting by telephone or other electronic means.
Requires the sanctions committee established pursuant
to Fla. Stat. Sec. 720.305 to provide written notice to the owner and
any occupant (if applicable) of the committee’s findings related to the
violation, including the approved or rejected fines and how the parcel
owner may cure the violation.
Provides that the following fraudulent voting
activities are misdemeanors in the first degree:
Willfully and falsely swearing to or
affirming an oath or affirmative, or procuring another person to
do so, in connection with voting activities;
Perpetrating or attempting to perpetrate a
fraud in connection with a vote cast or attempted to be cast;
Preventing a member from voting as intended
by fraudulently changing or attempting to change the ballot,
ballot envelope, vote, or voting certificate of the member;
Menacing, threatening, or using bribery or
any other corruption to attempt to influence, deceive, or deter
a member when voting;
Giving or promising anything of value to a
member in exchange for their vote;
Using or threatening to use force, violence,
or intimidation or any tactic of coercion or intimidation to
affect a vote.
The statutory changes enacted with HB 919 (2023) take
effect on October 1, 2023.