New Florida Requirement for Home Owner Associations

New Florida Requirement for Home Owner Associations

The Florida Department of Business and Professional Regulation (DBPR) launched the website where homeowners associations (HOA) and Community Association Managers (CAM) are required to register. Recently passed Florida legislation (Chapter 720, FS) required the website’s creation.

I am sure that the professional firms that manage home owner associations for communities in Florida are aware of this new requirement, but there are many “self-governed” home owner associations that are NOT aware of this new rule.  If you are an officer of your own home owner association, this information is important.   This new requirement/registration will also provide PUBLIC information for anyone needing home owner association information via the Florida DBPR web site.

Community association managers, community association management firms or HOAs, in the absence of a CAM, must report association information before the deadline: Nov. 22, 2013.

During the 2013 Legislative Session, HB 7119 made several changes to HOA governance, including the requirement for HOA associations to register with DBPR. In addition, the legislation gives DBPR authority to take administrative action against a community association manager’s license for violations of state laws relating to condominiums, cooperatives and homeowners’ associations committed during the course of performing contractual community management services.

To Register Visit:  www.myfloridalicense.com/hoa

Chapter 2013-218, Laws of Florida, amended Chapter 720, Florida Statutes, to require homeowners’ associations, which meet the definition of section 720.301(9), Florida Statutes, to register with the Division by November 22, 2013.

Homeowners’ associations that are required to register with the Division must be a Florida corporation responsible for the operation of a community or a mobile home subdivision in which:

• the voting membership is made up of parcel owners
• and membership is a mandatory condition of parcel ownership,
• and in which the association is authorized to impose assessments that, if unpaid, may become a lien on the parcel.

The term “homeowners’ association” does not include a community development district or other similar special taxing district created pursuant to statute.

Reporting requirements:

• Legal Name of homeowners’ association
• Federal employer identification number
• Mailing and physical addresses
• Total number of parcels
• Total amount of revenues and expenses from the association’s annual budget

For associations in which control of the association has not been transitioned to non-developer members, the following information must also be reported:

• Legal Name of developer
• Mailing address
• Total number of parcels owned on the date of reporting

This information was compiled and distributed via 2013 Florida Realtors® and information available at https://www.myfloridalicense.com/dbpr/hoa.html