Florida Governor Signs House Bill 59 Into Law

House Bill 59: Provision of Homeowners’ Association Rules and Covenants 

Continuing our report on legislative developments, the Governor recently signed House Bill 59 into law. This bill impacts homeowners associations. Below is our firm’s summary of this bill:

This bill adds a new subsection 13 to section 720.303 of the HOA Act entitled “Requirement to Provide Copies of Rules and Covenants.”

• Requires an HOA to provide the following:
  • Before October 1, 2024, a physical or digital copy of the HOA’s rules and covenants to every member of the HOA.
  • A physical or digital copy of the HOA’s rules and covenants to every new member of the HOA.
  • An updated copy of the amended rules or covenants, when an HOA’s rules or covenants are amended, to every member of the association.
• Permits an HOA to adopt rules establishing standards for the manner of distribution and timeframe for providing copies of updated rules or covenants.
• Specifies that the requirements to provide copies may be met by posting a complete copy of the rules and covenants, or a direct link thereto, on the homepage of the HOA’s website if the website is accessible to association members, and the HOA sends notice to the members of its intent to utilize the website for this purpose.
• The notice must be sent:
  • Via email if the HOA member has an email address on file and the HOA member has consented to receive notices by electronic transmission; and
  • Via mail to all other HOA members at the address identified as the members’ mailing addresses in the official records of the HOA.

720.303(13), Florida Statutes

This law takes effect on July 1, 2024. Please contact your association’s counsel if you have questions about these changes and how they will impact your community. We will continue to report legislative developments here.