Drivers Slam ‘Unintended Consequences’ of New HOA Driveway Law – Truck Rules Offer ‘Too Much Flexibility’

FLORIDA HOAs will not be able to prohibit the parking of pickup trucks and pickup trucks on private driveways as far as homeowners are concerned.

Some homeowners feel the law will “allow too much flexibility” and threaten the integrity of HOAs.

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Starting July 1, HOAs across Florida will no longer have the power to prohibit homeowners from parking pickup trucks or work trucks in their private driveways.

Governor Ron DeSantis signed HB 1203 on May 31, changing the way HOA fees are imposed and records are kept.

The Country Club Edgewater Villiage Association (CEVA) operates a country club community in the Sunshine State and previously prohibited pickup trucks from parking overnight on sidewalks.

That will change in just a few weeks – the administration and residents feel divided over the new state law.

Commissioner Ray Turner didn’t seem to mind the change, as the demographics of pickup trucks have changed.

“My problem with pickup trucks is that they are now luxury vehicles,” he said The Watcher.

“When these CDDs and HOAs were formed early on, these pickup trucks weren’t exactly what they are today, so there’s going to need to be some flexibility because in a lot of cases, it’s not a work truck for people. “

Michael Miller, the community’s property manager, isn’t opposed to parking in private garages.

However, he mentioned that several residents have complained about pickup trucks parked on sidewalks in the past.

He has a problem with the legal language being “too vague” and this is the start of government overreach in local government.

“Someone obviously decided to go after parking…what’s next?” Miller said.

“Will they start, one by one, to eliminate HOA restrictions or the ability to have restrictions? Are we dismantling local government? Now the state has all this authority that used to be local.”

The law has already stirred things up in the CEVA community, as a woman was fined for parking her truck in her driveway before the law came into effect.

With the new law on the horizon, she asked for the fine to be postponed.

“The lady said there’s a new state law going into effect in July that will allow me to park a pickup truck (in her garage), so I don’t think the HOA should fine me now,” Miller recalled.

“We’re looking around and saying, ‘What?’ We have a professional HOA certified team. We have lawyers who are probably keeping an eye on pending legislation. I’ve talked to people in other communities and it’s the same story – they’ve never heard of it.

Florida HOA Application

Here is more information about House Bill 1203, Florida’s new HOA regulation:

Florida has placed a number of guardrails around the enforcement of HOA fines.

Here’s a list of changes homeowners will see by July 1:

• HOAs can no longer restrict personal vehicle parking if they follow state regulations
• Associations must give adequate warnings for infractions such as trash removal and holiday light displays
• HOAs must keep official records of meetings
• High-ranking HOA officials are subject to criminal prosecution if they accept bribes
• Associations with more than 100 units must publish public information on their website

The law will have the greatest impact on pickup truck drivers and emergency vehicle operators.

HOAs will not be able to issue fines to pickup truck drivers who park their vehicles in the garage.

The law also prohibits associations from fining property owners for parking emergency vehicles.

Miller argues that HB 1203 does not clearly define a personal vehicle, leaving too much wiggle room for residents to slip through the cracks and violate HOA bylaws.

The only clearly defined vehicle HOAs can ban vehicles over 26,000 pounds from private driveways or cars with “official insignia” and “visible designations.”

Miller worries that the lack of proper definition could protect those who park an RV on someone’s lawn, as long as the owner allows it.

Turner doesn’t think the state government is interfering with local legislation, but promised to take a closer look.

“The commitments to these HOAs are to protect the values ​​and appearance of these communities,” he said.

“I don’t see how this bill would overturn it, but I need to take a closer look. If it is putting that at risk, then we will bring the matter to the attention of the legislature.”