Top HOA By-Law Updates for 2021-2022

HOA by-laws consist of important rules, regulations, and conditions that protect community members and the HOA they’re part of. Simply put, communities cannot properly function without these by-laws. 

The state of Florida passed and amended several important laws last year that will impact communities and their HOAs for the rest of 2022. To learn more about several significant changes for Tampa HOA management companies, read on for our basic guide.

1. Fine Collection

One of the areas impacted by these Florida by-law updates is fine collection. 

Florida Senate Bill 630, Section 720.305 previously stated that community members fined by their HOA had five days to pay after the fine was approved at an approval meeting. 

The update to this by-law states that community members now have five days to pay from the time that the approved fine was provided to the individual. 

To adhere to this by-law update, it’s important that an HOA now hand delivers or mails a fine notice to the community member in violation. The notice must also be hand delivered or mailed to any invitee, tenant, or licensee of the unit. This amendment went into effect in July of last year.

2. Community Swimming Pools

Another area impacted by 2021-2022 Florida by-law updates is for smaller community swimming pools. If a community owns less than 32 units or parcels, this by-law impacts supervision and security at the pool.

House Bill 463, Chapter 514 now states that these communities are exempt from providing supervision at the community pool, unless the community serves as a public lodging facility or is otherwise required by the Florida Department of Health. 

It’s important to note that it is still required for the Florida Department of Health to monitor and ensure water quality and safety measures implemented at the pool. This by-law also went into effect in July of last year.

3. Subrogation Rights

Subrogation refers to a third-party’s assumption to collect debt or damages belonging to another party. The third-party is, in a sense, standing in place of another person. Going into effect last July, this by-law change impacts condominiums and their unit owners. 

Senate Bill 630 now states that if a community’s insurance policy does not allow for rights of subrogation against a unit owner, then an insurance policy provided to an individual unit owner cannot provide rights of subrogation against a condominium. This keeps insurance policies from providing subrogation rights under specific circumstances.

4. COVID-19 Protection

Another bill signed in July of 2021 serves to protect communities from legal claims dealing with COVID-19. 

Senate Bill 72 states that if a community member claims wrongful death or injury from COVID-19, there is now civil immunity for the business entity. This bill provides that plaintiffs must commence COVID-19 claims within a specified period of time.

Work With a Tampa HOA Management Company

These are only a few of the recent changes to Florida’s HOA by-laws; there are several others that communities should be aware of. Although these changes are minor, working with a Tampa HOA management company can help ensure that you’re following every guideline. 

For a full list of by-laws impacting communities this year, view the official 2021 Statutes enacted by the Florida Legislature. For more on how your HOA can benefit from property management in Tampa with Wise Property Management, contact us today.

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