New law: On July 1, Florida will impose unprecedented new restrictions on HOA powers and excesses (HB 1203).
— Residents will no longer be cited or fined for trivial infractions such as leaving trash cans outside after collection day or hanging holiday lights and decorations long after the last visitor has returned home, at least hearing and appeal without 14 days’ written notice.
— Anyone seeking to serve on an HOA board will need to undergo training and supervision.
HOA’s backstory
Some people said half jokingly and half angrily Some HOAs represent:
Hharsh environment
oxygenrnery, control neighbors
AFinger – Injection Management
Do you know? Indirect method of residents.
If we “keep it 100,” HOAs will thrive as a sneaky workaround to the Supreme Court’s 1917 ruling that the government cannot pass laws prohibiting the sale and rental of homes based on race. Although government No, these private associations could and did do so, some of them utilizing racially restrictive covenants that to this day locales are still trying to get out of (these covenants are legally unenforceable, but still shocking).
“That was in the 1900s (cue General Z/Alpha rolling his eyes). But we have laws now! That’s a thing of the past, right?
Despite the Fair Housing Act (and its various amendments, supplements, and executive orders over the years), discriminatory practices persist. Some HOAs have found new, more subtle ways to continue unfair housing. This includes selective enforcement of rules, biased screening processes, and the promotion of a culture that is unwelcoming to various protected classes.
For example, I was initially outraged to read about the inhumane behavior of a differently-abled condo owner in Puerto Rico (it was almost like a second home to a hurricane, yes) when the HOA told her she couldn’t add an elevator with a generator (in in the event of a power outage) because the generator produces noise. Is it just me or do you also feel that in a crisis her neighbors would be more concerned about noise and other inconveniences than her safety? Well, on the plus side, I guess it’s good to know who to trust forward Crisis strikes, oops.
HOAs: Things to consider before buying
But as I reflect on the Puerto Rico condo case, I wonder how the problem was actually a lack of education on the part of the condo’s HOA regarding fair housing laws and other regulations like the ADA, etc. As a fair housing educator, I have found that empathy is critical to proactively standing up for fair housing. And, empathy is something we can teach (at least cognitive empathy), which can go a long way toward protecting and achieving fair housing. Therefore, Florida’s new training requirements may be a long overdue standard for all HOA leadership across the country.
As a knee-jerk reaction, most real estate agents and brokers first obtain (or advise their clients to obtain) the HOA’s financial information before signing on the final dotted line.
But let’s go one step further.
Regardless of whether you live in Florida (or anywhere with similar legislation), I recommend forward Buying (or selling with an agent) a home with an HOA:
- Be sure to find out if there have been any complaints against the HOA (at least in the past 5 years) and how the HOA responded,
- Speak with current residents to assess the level of cooperation from HOA leadership (including whether any training sessions have been held), and
- Find out how easy (or difficult) it is to vote out existing leaders!
In short, at first glance, it seem Florida HB 1203 curbing HOAs is a good step in continuing to advocate for fair housing. But the caveat is how this will play out in the long run. As I mentioned before, legal workarounds from the 1900s are still being unfairly excluded, so Florida’s HOA legislation is definitely a case study for the rest of the country to watch.
Dr. Lee Davenport is a real estate coach/educator and author. Dr. Lee provides training to real estate agents around the world on how to use their unique personalities to work smarter and how to “advocate rather than alienate” so that everyone has access to opportunities and opportunities in real estate.
This column does not necessarily reflect the opinions of the HousingWire editorial staff and its owners.
To contact the editor responsible for this article: zeb@hwmedia.com
