Introduction to Changes in Florida HOA Laws for 2025
As the new decade of 2025 rolls in, a wave of new regulations has swept through Florida’s homeowner association landscape. These laws are designed to address lingering problems while providing new protections and guidelines to ensure both stability and adaptability for associations and their residents. One of the most significant changes is the new requirement that all community rules and regulations must undergo board approval every five years. This isn’t merely a rubber-stamping process; the board must now hold an open meeting to discuss the rules, with at least two-thirds of board members present. The purpose of this provision is to ensure associations stay responsive to their members’ needs and adapt to evolving circumstances. However , it also raises the question of whether associations can withstand a negative vote from its membership—a scenario that could put some communities in a bind. Another mainstay of these changes is the statutory standardization of management agreements. These agreements would last only one year and require automatic termination unless renewed through the normal board approval process. This is meant to give associations more control and flexibility over their management options, weeding out long-standing agreements that no longer serve the best interests of the association. However, not everyone is sold on the proposed changes, fearing that these rules will incentivize associations to frequent contract changes instead of allowing longer, more stable management relationships.
Effect on Homeowners
The new laws are likely to affect individual homeowners in a variety of ways. First and foremost, the new legislation is structured to be more transparent and more fair. Homeowners, or at least their representatives, will have better access to the governing documents, financial disclosures, and records of the association. Another area in which it is hoped that the new legislation pays off for the homeowners is with the assessment process. While this may be too much to hope for is a revitalization of the provision of the governing documents regarding the fair apportionment of assessments. In the past, without any language in the governing documents providing for equitable sharing of assessments, associations used apportionment based upon square footage or by number of lots or units. This was a problem that could not solved by statutes, but only by revision of the governing documents. These changes to the governing documents were troublesome as it often pitted one homeowner against another in a vote to decide allocation of assessments. The new provision, modeled after the amendments to the Condominium Act, provides that the assessments must be fairly apportioned. This is not a specific mathematical formula, but rather a direction by statute to expect the association to follow a process that will lead to a fair result. Another great improvement will hopefully come with the appearance of civil citation procedures for violations of the governing documents. Presently, the only enforcement remedies available are injunctions and fines. While the association has its own funds available to pay its lawyers to pursue these actions, and collects the fine amounts as a debt, homeowners are faced with the prospect of hiring a lawyer on short notice or play poker by doing nothing and hope that the association does not file a lawsuit. Organizationally, the homeowner association industry in Florida hopes that the new laws will help solve long existing problems that ultimately erode the image of common interests communities through improper operation and management. While many individuals think that boards of directors or their managers use the resources of the community to enhance their own lives, this is not necessarily so, but rather unfortunate outlier events. These rare incidents often taint the reputation of the industry resulting in the demonization of associations and homeowners alike. In some cases, the behavior of homeowners also exacerbates the situation. With these new laws, associations will be forced to conduct elections and other member decision making processes that are fair and open to scrutiny. This will be an improvement over the current situation where issues are decided behind locked board room doors or in the back alleys of the internet. Business procedures that should remedy the situation are left to the boards of directors as the managers facilitate the process. Finally, while these changes may help the industry address issues that will benefit the homeowners, it will be up to the individual members to address their own personal behaviors in a more civil fashion.
Repercussions for Homeowner Associations
The legislative changes brought about by HB 1075, SB 1718, and SB 1606 will have a distinctive impact on homeowners associations both from a governance and policy standpoint as discussed earlier in this article. Furthermore, these amendments also extend the proposed deadlines for communities to comply with the amended statutory provisions. Associations will need to update their governing documents to ensure compliance; however, associations will have "safe harbor" amendments in place until 2029, as it relates to open voting, recall elections, and electronic voting. The additional time associated with the safe harbor period will be beneficial to HOAs until folks are able to raise funds to enact these new procedural requirements. For example, there could be a substantial cost to change the HOA’s election and voting procedures which may require help from an IT consultant to establish. This requires sufficient funds and time and should be part of the HOA’s budgetary planning prior to implementation.
The record-keeping requirements regarding the maintenance of mailing addresses and email addresses is part of the issue that falls within the first five tasks that was addressed above. In addition to substantial costs and changes to physical and electronic records for associations, many communities will need to amend their governing documents to ensure compliance with these new procedures. If communities are required to obtain a resident’s mailing address or email address to send notices of association meetings or record-keeping requirements as mentioned above, it could cause another problem. Many need-to-know resident records are private and entering them into an HOA’s database could require a substantial effort to segregate those for both privacy and stylistic purposes. Additionally, associations should also consider sending this information to their list of opt-out residents via regular U.S. Mail to maintain their ability to comply with the new mail recording rule. Many communities charge or fine residents for "non-compliance" with paying their assessments. If they don’t consistently follow all of the rules, it could lead to loss of enforcement rights by the Association for non-payment of assessments.
Because associations will be legally prohibited from requiring a resident to provide his or her email address, substantially more time and money will be invested in paper mailings to send notices to folks in an association. In the spirit of cooperation and understanding, associations should be "encouraging" residents to provide their current mailing address and electronic mailing addresses versus mandating them until 2029. Many Florida associations already feel significant pressure when it comes to "making the tough calls" and voting to take legal action against an owner or lender for non-compliance. Evolving legal obligations typically add additional layers of complexity and in turn, pressure. It is common in our industry for board members or community managers to be yelled at when assessments go up while the association’s legal obligations concerning record keeping, enforcement and maintenance of the common elements or association property has either increased, or maintenance costs have skyrocketed. Adding the requirement to obtain email addresses for all residents will just add to the pressure that board members and managers face in that associations will be legally permitted to start charging higher assessments or additional fees to cover the costs of compliance with the new rules.
Stronger Dispute Resolution Procedures
The 2025 Legislative Session brought about enhancements to the existing procedures for resolving conflicts between homeowners and their associations. Notably, the new statutes place a stronger emphasis on the use of mediation as a precursor to more formal dispute resolution processes.
Associations are now required to provide notice to the homeowner regarding the right to request alternative dispute resolution. Upon the request of a homeowner, the association and the homeowner must attempt to resolve the dispute through at least one conference before initiating formal dispute resolution with a third party.
This serves two purposes. First and foremost, it requires both parties to meet and discuss the concern – often resulting in an amicable resolution without further dispute. Second, it establishes a requirement for the homeowner to seek to resolve the dispute first with the association before filing any lawsuit generally seeking to compel the association to take some action or stop some action. This will lead to increased settlements sooner rather than later in the process and ideally tenants should see expedited relief.
Regulations Concerning the Environment
The 2025 laws also renewed and expanded the prior provisions on sustainable construction in Common Interest Developments. New Section 720.3026 of the Florida Statutes requires all new common area amenities that are constructed after January 1, 2025 to meet or exceed the Florida Green Building Coalition Green Approved Practices Model Ordinance at a certification level of "Emerald" or higher. This requirement effectively imposes a green building standard for associations.
Additionally, the Florida Legislature has amended Section 720 . 303 to expand upon an association’s ability to restrict free speech at community gatherings, speeches, or rallies. The new statute permits associations to enforce restrictions concerning the time, place, and manner of such free speech so long as these restrictions are "content-neutral." In other words, they do not favor one viewpoint over the other.
Section 720.301(2)(a) was also amended to require HOA’s to include in the annual disclosure summary containing State and federal laws related to violations of civil rights which would also include any applicable fair housing laws such as the Fair Housing Act and the Florida Fair Housing Act.
Procedure for Adhering to the 2025 HOA Statutes
HOA members can be proactive by developing a roadmap of compliance with the new laws. The following guidance may assist members and their associations in ensuring compliance with the 2025 statutes.
- Review Association Governing Documents. When the new law takes effect, it will change the provisions of your association’s declaration (or other governing documents) and, in some cases, set new parameters for governance, board responsibilities and member rights. It is a good idea to examine these documents and note any provisions that may become obsolete or may need to be revised as a result of changes in the law.
- Record Audit and Update. Members are encouraged to review their association’s public records to determine whether any amendments to declarations and articles of incorporation were recorded after March 1, 2025, to determine if new provisions were added to their declaration prior to the new law becoming effective. If such documents are not recorded with the Department of State prior to the effective date, they will be void and unenforceable as of March 1, 2025.
- Adoption of New Rules. Associations should adopt policies and rules to enforce provisions of the 2025 law. The new laws impose many requirements on associations and boards, so it is critical for the board to develop compliance plans. This process should involve legal counsel to ensure that the new rules comply with the statutory requirements and do not conflict with existing association rules or governing documents.
- Education. It goes without saying that the new laws will require member education. Members should be given "Frequently Asked Questions" style documents or general outlines of the new laws to let them know how they will be affected.
Final Thoughts: Readiness for Tomorrow
The new Florida HOA laws of 2025 are going to be the biggest changes in HOA law since the Mercer decision in the early 80s. These laws are going to be monumental in the way Florida communities function and operate. Without a serious effort to understand them, you may be at a severe disadvantage in the coming years. It is now time to make sure your community is aware of these changes and is putting together a plan to prepare for the inevitable .
We recommend that in the next few months, every community in Florida hold a meeting with an attorney specializing in community association law to review the changes and discuss how they will impact your community. It is also important to have yearly follow-up meetings to address ongoing legislative changes, as many of these changes or clarifications can happen at any time. Right now, we’re preparing informational seminars to help educate communities on the various changes that will come down the pipe. Stay tuned for announcements as to when and where these seminars will be.