Opinion: Should Florida’s new HOA law go nationwide?

NEW LAW: On July 1st in Florida, there will be unprecedented new curbs on the power and excesses of HOAs (HB 1203).

— Residents can no longer be cited or fined for trivial transgressions, like leaving their trash cans out beyond collection day, or having holiday lights and decorations still hanging long after the last visitors have returned home at least without 14 days’ written notice, a hearing and appeals.

— Anyone seeking to become an HOA board member will be required to be trained and regulated.

The back story on HOAs

Some, partially in jest and partly enraged, say some HOAs stand for: ⁣⁣⁣⁣

Hostile environments⁣⁣⁣⁣

Ornery, controlling neighbors⁣⁣⁣⁣

Anger — infused management⁣⁣⁣⁣

Did you know studies indicate that some (not all) Homeowner Associations (HOAs) continue to practice unfair housing, such as uneven rule enforcement, hostile environments, and indirect methods of discouraging residents of various protected classes (like religion, nationality, etc.)?

And if we “keep it 100”, HOAs flourished as a sneaky workaround to the Supreme Court 1917 ruling that the government could not pass laws preventing the sale and lease of homes based on race. Although the government could not, these private associations could and did, some making use of racially restrictive covenants that various locales are still trying to get off the books even to this day (which are legally unenforceable but nonetheless jarring to see).

“⁣⁣That was way back in the 1900s (cue eye rolls by Gen. Z/Alpha). But we have laws now! That’s a thing of the past, right?”⁣⁣

Despite the Fair Housing Act (and its various amendments, additions, and executive orders over the years), discriminatory practices persist. Some HOAs have found new, subtler ways to continue unfair housing. This includes selective enforcement of rules, biased screening processes, and promoting a culture that was unwelcoming to various protected classes.⁣⁣⁣⁣ 

For example, I was initially livid reading about the inhumanity of a differently—abled condo owner in Puerto Rico (which almost seems like a second home to hurricanes, yeesh) being told by the HOA that she could not add an elevator with a generator (in case of a power outage) because the generator would be a noise nuisance. Is it just me or does it feel to you too that in a crisis, her neighbors will care more about the noise and other inconveniences than her safety? Well, on the brighter side, I guess it is good to know who to trust before a crisis strikes, yikes.

HOAs: Considerations before you buy

But as I reflected on the Puerto Rico condo case, I wondered was this issue actually a lack of education by that condo’s HOA on fair housing laws and other regulations (like ADA, etc.). As a fair housing educator, I have found empathy is critical to proactively upholding fair housing. And, empathy is something that we can teach (at least cognitive empathy), which goes a long way toward the protection and realization of fair housing. Thus, Florida’s new training requirement is likely a long-overdue standard needed nationwide for all HOA leadership.

As an automatic reflex, most real estate agents and brokers first get (or recommend clients get) the financials of an HOA before signing on the final dotted line. 

But let’s go a few steps further. 

Whether you live in Florida (or anywhere that has similar legislation) or not, I recommend that before buying (or brokering the sale of) a home with an HOA:

1. Be sure to find out if any complaints have been filed against the HOA (at least in the last 5 years) and how the HOA responded,
2. Talk to current residents to gauge the cooperativeness of the HOA leadership (including if any training classes have been held), and 
3. Find out how easy (or difficult) it is to vote out existing leaders!

In short, prima facie, it seems that Florida’s HB 1203 to curb HOAs is a good step to continue championing fair housing. But the caveat is always how this plays out in the long run. As I mentioned earlier, legal workarounds back in the 1900s were made to still exclude unfairly so Florida’s HOA legislation is definitely a case study to watch for the rest of the nation.

Dr. Lee Davenport is a real estate coach/educator and author. Dr. Lee trains real estate agents around the globe on how to work smarter with their unique personalities and how to “advocate, not alienate,” so everyone has access and opportunity in real estate.

This column does not necessarily reflect the opinion of HousingWire’s editorial department and its owners.

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