HOA, Flooding Disclosure Bills Signed Into Law

TALLAHASSEE, Fla. – Gov. Ron DeSantis signed into law this week two bills that put new regulations on homeowners’ associations and one that requires residential property sellers to disclose flooding.

HB 1049 — Flood Disclosure in the Sale of Real Property

House Bill 1049 requires residential property sellers to provide flood disclosures to buyers at or before the sales contract is executed. It must include the following:

• The title of the form must be labeled “FLOOD DISCLOSURE.”
• A flood insurance disclaimer must be provided which states as follows: “Flood Insurance: Homeowners' insurance policies do not include coverage for damage resulting from floods. Buyer is encouraged to discuss the need to purchase separate flood insurance coverage with Buyer's insurance agent.”
• The seller must state whether he or she has filed a claim with an insurance provider relating to flood damage on the property, including, but not limited to, a claim with the National Flood Insurance Program.
• The seller must state whether he or she has received federal assistance for flood damage to the property, including, but not limited to, assistance from the Federal Emergency Management Agency.

Florida Realtors® supported this bill to help buyers make more informed decisions about properties and reduce post-closing disputes. The flood disclosure law goes into effect on Oct. 1.

HB 59 — Provision of Homeowners’ Association Rules and Covenants

House Bill 59 requires HOAs to provide physical or digital copies of association rules and covenants to members of the association. It also requires associations to establish a distribution method and timeframe for providing updated copies of rules.

If association rules are amended, the association must provide members with an updated copy. The requirements of this bill can be met by providing physical copies, digital copies or posting a link on HOA websites that are accessible to all members.

“With the signing of HB 59, we further establish transparency to residents of HOAs. Too often we hear stories of residents being unaware of changes made in their community and their accidental violation of rules. This simple measure will now work to pre-emptively alleviate these misunderstandings and engage residents in their communities,” Sen. Linda Stewart of Orlando said.

The provision becomes law on July 1.

HB 293 — Hurricane Protections for Homeowners' Associations

House Bill 293 requires HOAs to adopt hurricane protection specifications for its structures, complying with the applicable building codes.  The bill allows HOAs to require property owners adhere to an existing unified building scheme regarding the external appearance of the structure or other improvements on the parcel.

The HOA is not allowed to deny a parcel owner’s application for the installation, enhancement or replacement of hurricane protection that conforms to the HOA’s adopted specifications.

Hurricane protection is defined in the bill to include, but not be limited to, roof systems, permanent fixed or roll-down track storm shutters, impact-resistant windows and doors, polycarbonate panels, reinforced garage doors, erosion controls, exterior fixed generators and fuel storage tanks.

The provision went into effect after the governor signed it.

 © 2024 Florida Realtors®