How Do Florida’s New Homeowners & Condo Association Laws Affect You? 

Although parts of the new laws may end up being challenged in the courts, many portions of them went into effect on July 1 

By Iris Vitelli, Neighborhood News Correspondent & Gary Nager 

Among the many bills Gov. Ron DeSantis signed into law in May was Florida House Bill (HB) 1203, which is now changing the way many homeowners associations do business. (Photo is from FLVoiceNews.com)

A number of the bills Florida Governor Ron DeSantis signed into law on May 31 of this year will have far-reaching effects on homeowners (HOAs) and condominium associations, licensed community association managers (LCAMs) and home and condo owners themselves. 

According to PearlAntonacci.com (the website of the Pearl Antonacci Group of Compass Real Estate, based in Boca Raton), the 2024 HOA (Florida House Bill 1203) and condo (HB 1021) laws introduce stringent requirements for structural safety, financial transparency, and board governance: 

“Key highlights include: 

‱ Reserve Studies & Funding: Condo associations are now required to conduct comprehensive reserve studies periodically. This ensures that sufficient funds are available for major repairs and replacements, providing a clear financial roadmap for future needs. 

‱ Increased Transparency: Associations must provide detailed financial reports to all members annually, ensuring that every dollar spent is accounted for, fostering trust and clarity within the community. 

‱ Structural Integrity Inspections: In light of past incidents, there is a heightened focus on the physical health of buildings. Regular, mandatory inspections are to be carried out to guarantee the safety and durability of the structures. 

‱ Insurance Adjustments: The laws mandate that condo associations maintain robust insurance policies covering a wide range of potential damages, which might lead to increased premiums but significantly better protection against unforeseen events. 

‱ Enhanced Board Requirements: Board members are subject to stricter eligibility criteria and training requirements, aiming to professionalize HOA management and enhance decision-making processes. 

For homeowners, these changes mean more rights and protections from potentially overreaching HOA boards. It’s important for homeowners to be proactive, by attending HOA meetings and staying informed about their rights under the new laws.” 

But, while not all of Florida House Bill (HB) 1203 is yet in effect, many of these changes did take effect on July 1. The new law requires homeowners associations, certain community association managers and community association management firms “to post certain documents on their websites or make available such documents through an application by a date certain.” The law also provides that an association or its agent is required to apply and enforce certain standards regarding architectural or construction improvements “reasonably and equitably.” 

Key Changes & Requirements 

Several new laws address property management companies. While some HOAs and property management companies have adhered to these now-required practices for years, others were rushing to comply by July 1, when most of the requirements kick in. However, the website requirement is extended to January 1, 2025. The law states that HOA documents must be accessible via a website or mobile app, with a password-protected portal for homeowners. Required documents include: 

‱ Declaration of Covenants & Amendments 

‱ Articles of Incorporation & Amendments 

‱ Bylaws & Amendments 

‱ Current Rules 

‱ Contracts & Bids 

‱ Annual Budget 

‱ Financial Reports 

‱ Insurance Policies 

‱ Director Certifications 

‱ Agendas & Minutes 

‱ All Contracts, Notices & Documents related to Conflicts of Interest 

‱ Member Meeting Notices & Agendas 

‱ Board Meeting Notices & Enclosures 

Although many documents will be available on the HOA’s website, homeowners can still request to view documents kept by the property management company. Requests must be made by certified mail, and appointments will be arranged. Homeowners may take pictures or request and pay for copies of the records. 

Penalties & Compliance 

The law now explicitly states that directors or property managers who knowingly solicit, offer, or accept kickbacks are guilty of a third-degree felony. 

If a director is removed, the Board must fill the position immediately. When entering into a contract with an HOA, the contract must have a conflict of interest section. The property management company may recommend a vendor they have a stake in but must now disclose that information in the contract. 

Fining Committees & Procedures 

Not all HOAs already have a fining committee but under the new law, all HOAs are now required to establish such a committee. This committee will be made up of homeowner peers, and can not include any Board members or HOA employees. The committee will hear the homeowner’s explanation for not addressing the violation or contacting the property manager to make arrangements. After hearing the homeowner’s side, the committee will decide whether or not to impose the fine. The only authority the fining committee has is to approve or reject the fine; they cannot make alternate arrangements with the homeowner. 

Previously, the fining committee met at a location; the new law states that a homeowner can attend these meetings via phone or other electronic means. This law also prohibits a fine or suspension from being imposed if the violation is cured before the hearing has been held. 

The law also prevents associations from levying fines and suspensions for leaving garbage at the curb 24 hours before or after collection time or for leaving holiday decorations or lights on longer than allowed by governing documents, unless they are left for more than a week after the HOA gives written notice of the violation. 

Expert Opinions 

Attorney Jonathan Ellis, who is Board-certified in condominium and planned development law and a Partner and Community Associations Business Sector Chair at the Tampa office of Shumaker, Loop, and Kendrick, and an expert in HOA law, says, “Unfortunately, year after year, more amendments complicate HOA operations. Associations will need to consult counsel more often.” He adds that, “many changes are beneficial but will require HOAs to spend money to accommodate them.” 

For example, he says, “One change that could end up in front of a judge is the new law about commercial vehicles. Homeowners can now park in their driveways. The new law lacks a clear definition of what is considered a commercial vehicle. Is it the definition of the Dept. of Motor Vehicles or the minivan that has a ladder on the top? If someone challenges it, a judge will get involved.” 

Ellis also says that the cost to create, update and maintain an HOA website and for HOA directors to complete certification classes will likely be passed on to the homeowners. Previously, property managers would have new Board members sign a form stating they had read the documents and encouraged them to do so. The new law now requires that all new Board members take the Certification Course and mandates 4 additional hours of education each year for properties with 2,500 or fewer units, or 8 hours per year for larger properties. 

“Although some changes may be open to interpretation and might end up in court, one thing is clear: Mandating directors to take the certification class and additional education is a positive development,” Ellis says. 

He adds, “The new law says HOAs may no longer prevent a homeowner from protecting their home against hurricanes. This may mean changes to the architecture of the property.” He advises HOAs to consult an architect to understand what this means for the HOA’s Architectural Review Committee. 

To read the complete bill, you can visit flsenate.gov/Session/Bill/2024/1203

Freelance writer Iris Vitelli is the president of the Pebble Creek Homeowners Association of Hillsborough County, Inc., in New Tampa. 

Farina Orthodontic Specialists Combines The Latest Technology With Top Patient Care 

The friendly professional staff at Farina Orthodontic Specialists is led by orthodontists (front row, l.-r.) Pedro Franco, D.M.D., Undine Davis, D.M.D. & Mark Farina, D.M.D. (Photos provided by Farina Orthodontic Specialists) 

Dr. Mark Farina, D.M.D (Doctor of Dental Medicine), of Farina Orthodontic Specialists is something of an institution in the New Tampa and Wesley Chapel areas. 

Dr. Farina has been creating beautiful smiles in our communities for nearly 30 years and continues to be at the forefront of both the latest technology and the highest possible level of patient care. 

After opening his first office on N. Habana Ave. in West Tampa in 1995, Dr. Farina opened his Tampa Palms office in the professional center next to what is now called the Shops at Amberly in 2000. 

Since then, he estimates that he has worked on more than 25,000 smiles for children and a growing number of adults. 

“They start as little people, and I see them grow up,” Dr. Farina says. “I have been invited to attend graduations, weddings and other functions. It’s great to see what a difference a great smile makes.” 

Today, Farina Orthodontic Specialists has three offices — one in South Tampa, one in Tampa Palms and the newest location in the building dubbed “The Cube” on Bruce B. Downs (BBD) Blvd. in Wesley Chapel (between AdventHealth Wesley Chapel and the Shops at Wiregrass mall). And, two additional orthodontists who share Dr. Farina’s passion for creating beautiful smiles have joined him to serve even more patients — Undine Davis, D.M.D., and Pedro Franco, D.M.D. 

The first floor of the three-story cube is now the headquarters of Farina Orthodontic Specialists and also is home to a number of other related dental and medical specialists, including dental services such as root canals (endodontics) and maxillofacial surgery (to correct issues with teeth, gums and even jaws), as well as the office’s high-tech call center, digital lab and corporate office — all on the second floor of the building. The third floor is home to Kids SPOT, which provides pediatric therapy services, including speech, physical, occupational and applied behavior analysis (ABA) therapies for children from birth to age 21 at every stage of development. 

“When we were starting to build the new office, my son Stefano was 18 and became part of the process,” Dr. Farina says. “I think that may have encouraged him to get involved in building projects, which he is still doing today. He looked at the cube and said, ‘Dad, it is missing a clock. People always remember a building with a clock on it!’ That’s how the (traditional round) clock became part of the building.” 

All three offices are busy places, with any number of happy patients visiting every day. 

“In fact, one of Stefano’s close friends also was a patient,” Dr. Farina says. “My wife (Lissette) and I overheard this friend tell my son, ‘I have to thank your dad. I was like a three when I first went to him. But, I got my smile fixed and now I’m like an eight, so I am going to ask (girls name) to the prom.’ These are the types of things that make me smile. I don’t ever feel like I’m working. I love what I do and take pride in the happiness and confidence we bring to so many.” 

Embracing Change 

Although some patients still either opt to (or have to) choose traditional metal braces, Dr. Farina says the motto at the office is “Embrace Change.” He and his team are always looking for innovative ways to grow and one way to accomplish this goal is with new technologies, which means more than just embracing Invisalign¼ clear aligners — although Dr. Farina says he is the top Invisalign¼ provider in the area, and one of just a few orthodontists nationwide who have reached Elite Status with Invisalign¼. In fact, he says, 60-70% of the practice’s current patients are using Invisalign¼. 

Dr. Franco works on a patient.

One such advancement in the orothodontic industry is the Dental Monitoring ScanBox Pro. This is a device and process that allows patients to take digital scans of their teeth (and entire mouths) every week with their phones. The images are sent to the office so the doctors can monitor the progress of these patients between scheduled appointments, especially if anything appears to not be progressing properly. At that point, they can be brought into the office as quickly as possible to correct any issues. 

“Our office was the first in the country to have this technology and we have been using it for more than four years now with great success.” 

Other technological advances include a 3D impressionless scanner that can create a digital 3D model of your teeth in minutes. An i-CAT 3D Machine takes a 3D image of not just the patient’s teeth, but also of the bones and airways in his or her head. Best of all, the process takes all of five seconds. 

An iTero 3D impressionless scanner can create a digital 3D model of your teeth in three minutes — without the need for that traditional, dreaded goop. The 3-D printers can even produce tooth aligners and retainers on site. 

Not Just For Kids Anymore 

Another trend in the orthodontic industry, according to Dr. Farina, is that 40% of the orthodontic practice’s patients are now adults, including a growing number of adult men. Some, but not all, of these adult patients are the parents of younger patients who see how effective orthodontics can be. 

Dr. Farina shows a patient their X-rays.

“Many of the adults do go with InvisalignÂź (clear aligners),” Dr. Farina says. 

Dr. Farina says that while Farina Orthodontic Specialists may not be the least expensive option for patients, “We’re not the most expensive orthodontists, either.” He adds that the practice’s prices are competitive, and it accepts all types of insurance plans. He will also work with patients who may need a payment plan, which he says can cost as little as $149/month. 

“Your smile is for a lifetime,” Dr. Farina says. “It’s one of the greatest gifts you can give yourself. When you smile, you have the power to change the energy around you, as well as how you feel and how people around you feel.” 

When Dr. Farina was young, he had a bad experience with a dentist and was determined to make his office and everything about the experience friendly and inviting. That’s why his offices don’t look or feel like a dentist’s office. 

He also says that he is very proud of his staff. Every week, he and his team have “WOW Wednesday,” where the employees nominate one of their own to be the “Wower” of the week. 

Meet The Team 
Dr. Farina poses with his three “Top Dentist” awards from Tampa Magazine. 

Dr. Farina earned a Bachelor of Science (B.S.) degree in Biology from Boston College in Boston, MA. He earned his D.M.D. degree from the University of Pennsylvania School of Dental Medicine in Philadelphia and did his post-graduate orthodontic training at New York University (NYU) in New York City, NY. 

He also has received advanced training in the integrated diagnosis and treatment of temporomandibular joint (TMJ) pain, and has served on research teams at both NYU and Penn to help find new and better ways to solve orthodontic problems. Dr. Farina attends more than 80 hours of professional seminars each year and participates in giving seminars and webinars across the country. 

Dr. Pedro Franco was born in Cleveland, OH, but grew up in the Dominican Republic. He graduated from the Universidad Iberoamericana in Mexico City, Mexico, and earned his D.M.D. degree (Summa Cum Laude) from the University of Puerto Rico School of Dental Medicine in San Juan. His Specialty Certificate in Orthodontics is from the Georgia School of Orthodontics, where he received the Doctor Nathaniel Glover Leadership & Professionalism Scholarship. 

Dr. Davis works on a patient.

Dr. Undine Davis graduated from Stanford University in Stanford, CA, where she was an outstanding hurdler on the school’s track team. She earned her D.M.D. degree from the University of Alabama at Birmingham School of Dentistry. She also earned a Master of Science (M.S.) degree in Dental Sciences and a Specialty Certification in Orthodontics and Dentofacial Orthopedics from the University of Florida College of Dentistry in Gainesville. 

All three doctors in the practice are Board-certified and Dr. Farina says that only about 25% of all dentists are Board-certified, so he is very proud of this accomplishment. He and his team also have been voted one of the Top Dentists in Tampa the last three years by Tampa Magazine. The entire practice is very active in the community and has provided mouth guards for local sports teams and sponsored numerous causes that support education, encourage leadership and save lives. 

To schedule a free virtual consultation, with Farina Orthodontic Specialists, visit FarinaSmiles.com, where you also can find additional information about the practice. New patients can call (813) 652-0074 for more information. The Tampa Palms office is located at 15303 Amberly Dr., Suite E, and the Wesley Chapel office is located at 2370 Bruce B. Downs, Suite 100. 

Meet Treble Makers Dueling Piano Bar & Restaurant’s New Owners 

In case you missed it, Treble Makers Dueling Piano Bar & Restaurant is now under new ownership, as Jordan and Jason Scott (top photo) have purchased the popular eatery and night spot from the former partnership trio of Lee Bevan and brothers Jamie and Joe Hess. 

Jordan and Jason, the latter of whom is an accomplished pianist and musician himself who previously booked the dueling piano players that perform every Friday and Saturday (and now Thursday night, too) at Treble Makers, formally introduced themselves to their customers on June 20. 

“We’re committed to making sure the food, service and entertainment meet and exceed your expectations,” Jason said. “We do have some menu changes coming up but first, we’re working as hard as we can to make sure you always enjoy your visit to TrebleMakers.” 

In the meantime, the restaurant’s cool robot server (below right) will still bring you the same delicious menu items (like the baked Imperial crab dip below left) many of you already know and love. And, don’t forget to try the new $8 lunch specials! 

For more information about Treble Makers (6034 Wesley Grove Blvd.), including the new $8 lunch menu items, call (813) 406-4371 or visit TrebleMakersofWC.com.

KRATEs & More Featured On ABC Action News’ ‘Good Morning, Wesley Chapel!’  

Scenes from ABC Action News’ “Good Morning Wesley Chapel” segments on June 14: (above) Anchor Deiah Riley visits with our friends from Retro Dogs and Bakery X at the KRATE at the Grove Container Park (below right). (below left) Roving reporter Sean Daly visits Pasta di Guy. (bottom right) Co-owner Adel Youussef of the Garden of Eden Olive Oil Co. at the KRATEs was featured in a segment. (bottom left) Daly interviews the owners of Sorbo Wesley Chapel coffee shop. (Above photo by Charmaine George; the others are screenshots from the “Good Morning, Wesley Chapel” segments).

Great job, Deiah & Co.! On June 14, WFTS-TV “ABC Action News” anchor Deiah Riley brought her roving “Good Morning” show back to Wesley Chapel, as she set up on the main stage at the KRATE at The Grove Container Park from 6 a.m.-10 a.m. 

There were the usual great previously recorded segments with the likes of North Tampa Bay Chamber president & CEO Hope Kennedy and members of the Boyette family (one of the original citrus farming families that settled in the Wesley Chapel area) being interviewed, as well as a discussion of whether “Downtown Wesley Chapel” will actually be located in Avalon Park or the Wiregrass Ranch community and a feature about the increased amenities at the Wesley Chapel District Park. 

But of course, what got our attention the most were the live dining segments with Riley interviewing the owners of several of the KRATEs, and roving reporter Sean Daly (right) visiting with some of the better- and lesser-known eateries in Wesley Chapel, including (top photo) the new Retro Dogs, Garden of Eden Olive Oil Co., Bakery X (middle right), Sorbo Wesley Chapel coffee shop (bottom left), Moschella’s Italian Eatery & Market, Florida Ave. Brewing Co., Pasta di Guy (top left photo) and several more. 

Although there are, of course, so many other places in Wesley Chapel, I really enjoyed this full morning of local businesses being featured on TV. Again, great job! — GN

Azteca D’Oro Celebrates Its 1st Anniversary! 

Congratulations go out to co-owners Victor (at right in top photo) and Armando (not pictured) Ramos and general manager Cristina Casimiro (left in same picture) of Azteca D’Oro Mexican Restaurant, which celebrated its one-year anniversary in The Shops at Wiregrass on a rainy June 29. 

The authentic Mexican restaurant celebrated with live DJ Rico Smooth (below left) and an outdoor bar in front of the restaurant at 2000 Piazza Ave, Unit 170. 

“We were packed earlier today,” Victor said, “but once the rain hit, it definitely kept away a lot of people, even though it let up.” 

We tried to help out by posting on our Facebook page that the anniversary party was still going on — which reached about 5,000 people — but thankfully, Azteca is still open every day for lunch and dinner (we love the made-tableside guacamole, the chicken taquitos and fajitas) and still has mariachi and Latin DJ music every Thursday night and more DJ music every Saturday night. . 

For more info, call (813) 527- 6033 or visit Aztecadoro.com.