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 Invisalign® clear aligners — although Dr. Farina says he is the top Invisalign® provider in the area, and one of just a few orthodontists nationwide who have reached Elite Status with Invisalign®. In fact, he says, 60-70% of the practice’s current patients are using Invisalign®. 

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 Invisalign® (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. 

New Tampa Players Present ‘Singin’ In The Rain’ At The NTPAC July 19-21 & 26-28! 

Melanie Bierweiler plays Lina Lamont and Kyle Billington is Don Lockwood in the New Tampa Players’ production of “Singin’ in the Rain,” which has six performances the weekend of July 19-21 and July 26- 28 at the New Tampa Performing Arts Center. (Photo courtesy of New Tampa Players) 

As someone who previously performed a tiny part in a New Tampa Players (NTP) production, I can only tell you how much hard work it took to make community theater look and sound as good as it does when it finally hits the stage. 

What I can’t tell you is how much hard work it takes to blend together more than 30 cast members — some of whom sing only, others who dance only and still others who do both — and how to make it all come together seamlessly on stage after only a few weeks of rehearsals. 

But, based on my experience performing in NTP’s production of “Grease” — the first Players performance held at the New Tampa Performing Arts Center (NTPAC) off Bruce B. Downs (BBD) Blvd. last summer — I have no doubt that director (and NTP producing artistic director) Nora Paine, musical director Frank Meekins and choreographer Sarah Walston will make it happen when NTP presents the classic musical “Singin’ in the Rain” at the NTPAC for two consecutive weekends — July 19-21 and 26-28. 

Although Meekins was both director and musical director for “Grease,” Paine was the producer and stage manager for that show and Walston was the choreographer. In other words, the trio is comfortable working together, “and we all had an interest in working on ‘Singin’ in the Rain’ together,” Meekins says. “So, it all just kind of worked out. Although the tap dancing definitely makes it more challenging, we’re all very excited about this show.” 

According to Wikipedia, “‘Singin’ in the Rain’ is a stage musical with story by Betty Comden and Adolph Green, lyrics by Arthur Freed and music by Nacio Herb Brown. Adapted from the 1952 movie of the same name, starring Gene Kelly (and directed and choreographed by Kelly and Stanley Donen), the stage musical’s plot closely adheres to the original film.” 

Set in Hollywood in the waning days of the silent screen era, “Singin’” focuses on romantic lead Don Lockwood (played by Kyle Billington), his sidekick Cosmo Brown (Rhett Ricardo), aspiring actress Kathy Selden (Olivia Carr, who played Sandy in “Grease”), and Lockwood’s leading lady Lina Lamont (Melanie Bierweiler), “whose less-than-dulcet vocal tones make her an unlikely candidate for stardom in talking pictures,” again, according to the “Singin’” entry in Wikipedia. 

The stage show had its world premiere in 1983 at the London Palladium, where it ran for more than two years, and has spawned a Broadway production and many stagings worldwide. It has been called, “The greatest movie musical of all time.” 

According to NTP’s NewTampaPlayers.org website, “Each unforgettable scene, song and dance is accounted for, including the show-stopping title number, complete with an onstage rainstorm! Hilarious situations, snappy dialogue and a hit-parade score of Hollywood standards make ‘Singin’ in the Rain’ the perfect entertainment for any fan of the golden age of movie musicals.” 

Meekins says that in addition to the title number — “And yes, it will be raining,” he says — many of the songs are well-known, memorable and can be considered “show stoppers,” including “You Are My Lucky Star,” “Would You” and especially “Broadway Rhythm.” 

“The title song is actually performed twice — once by Don Lockwood at the end of the first act and the second time by the entire cast (at the close of Act 2), all of whom who will be singing and dancing together in the rain,” Meekins says. “I 

know it will be amazing to see this cast come together for that finale. All of the cast members have different levels of experience, but I have no doubt that it will all come together.” 

Get your tickets now for “Singin’ in the Rain” at the New Tampa Performing Arts Center (8550 Hunters Village Rd., off Bruce B. Downs Blvd.). The show (presented through the generous support of Hillsborough County and Florida Arts and Culture and with special arrangement through Music Theatre International) will be performed Fri.-Sat., July 19-20 and July 26-27, at 8 p.m., and at 3 p.m. on Sun., July 21 & 28. Tickets cost $21-$35 and are available at NewTampaPlayers.org

For more information, call (813) 543-6252 or see the ad below. 

2024 Senior Class President’s Speech Honors The Memory Of Paul R. Wharton 

(Above, l.-r) Jeffrey Schroeder, Stephen Michelini, Zack Chandler and Mary Wharton Schroeder at the Wharton High graduation, where Zack honored the memory of Mary’s father, Paul R. Wharton, the man for whom the school was named. (All photos provided by Hillsborough County Public Schools)

Wharton High senior Zack Chandler was at a baseball game with his teammates this spring when he noticed that every one of them had the same name on the backs of their jerseys. 

In fact, it was on all of the jerseys for all of the sports at his school — and on a lot of other shirts, too. They all said, “Wharton.” 

Of course they did, since that’s the name of the school they all were attending. 

It hit Zack that although he vaguely recalled that Wharton High was named after someone, he had no idea who that person was or why he was chosen to have a school named after him. 

So when Zack, who was the school’s 2023- 24 senior class president, was given the honor of speaking at his graduation ceremony on May 25, he knew what he wanted to do. 

Rather than talk about himself, Zack wanted to find out who exactly Paul R. Wharton was, and why Zack’s school was named after him. 

Photos of Paul Wharton

“I did some research and found out what a cool guy Mr. Wharton was, and how he affected the community,” Zack says. “I wanted to make a metaphor out of it. Don’t take things that you have every day for granted.” 

He learned that Wharton retired as the assistant superintendent for Hillsborough County Public Schools, after serving as principal of both Plant and Robinson high schools. He started in the county as an innovator who advocated for vocational and technical schools in the District, and also served as principal of the Brewster Vocational Technical Institute. 

Wharton did all of that after starting his career teaching in a one-room school house in Springfield, KY, and then serving in the U.S. Army before moving to Tampa. 

Zack found that Wharton had passed away in 2009, but Zack wanted to invite Wharton’s family members to his graduation to hear Wharton honored in front of the student body. 

Mary Wharton Shroeder is Paul’s daughter, and she attended the ceremony, along with her husband Stephen Michelini and her son Jeffrey Schroeder. She says this was the first time anyone had approached her about recognizing her dad at the school. 

Zack Chandler during his graduation speech

Mary and her family were seated in the graduation ceremony’s VIP area and were honored when Zack acknowledged them from the podium. “I was delighted,” she says. “I know what an amazing man Daddy was, and all the things he did for this community. It’s just a wonderful thing.” 

She says that if her dad had been able to address those students at Wharton, he might have told them it’s important to choose carefully who they emulate. They should choose their role models wisely, because who they look up to will make a huge difference in who they become. 

“It made me so proud of him to receive the recognition that he so deserved,” Mary says. “He never asked for the recognition, but he earned it because he helped to shape our community. He was always a leader and had a great sense of humor.” 

It’s been more than 25 years since Wharton High opened on August 21, 1997, so it’s understandable that today’s graduating seniors had never before heard of the man for whom their school was named. 

But now, thanks to Zack Chandler, they have. 

2024 New Tampa Neighborhood News Reader Dining Survey & Contest!

Click HERE To Enter Our 2024 New Tampa Reader Dining Survey & Contest & To Win $200 In FREE Dining! 

Although our 2023 Reader Dining Survey & Contest was super successful, we’re changing up the format for this year’s contest yet again. 

Instead of putting up different categories every issue, we’re going back to showing you the lists of every local or small chain restaurant in a number of categories in both Wesley Chapel and New Tampa and asking you to name your favorites in each category. One difference is that unlike previous years, you can skip as many categories as you like, but we’re grouping the lists of restaurant by type. Here are those categories: 

1) Your Five Favorite (overall) Restaurants in New Tampa (NT)

2) Your Favorite American Restaurant in New Tampa

3) Your Favorite Pizza Place in NT 

These same categories also appear on the Wesley Chapel ballot. Both entry forms also include lists of places that ask you to pick your Favorite in New Tampa (NT) AND Wesley Chapel, often (but not always) because there aren’t enough in a certain category in just one of our distribution areas. Here are those other categories: 

4) Your Favorite Mexican Place in NT/ WC 

5) Your Favorite Latin (but not Mexican) Restaurant in NT/WC 

6) Your Favorite Chinese Place in NT/WC 

7) Your Favorite Japanese/Sushi Restaurant in NT & WC 

8) Your Favorite Thai or Korean Restaurant in NT/WC 

9) Your Favorite Italian Food in NT/WC 

10) Your Favorite Greek or Mediterranean Restaurant in NT/WC 

11) Your Favorite Indian Place in NT/WC 

12) Your Favorite Breakfast Place in NT/WC 

13) Your Favorite Ice Cream, Frozen Yogurt or Gelato Place in NT/WC 

14) Your Favorite Bakery in NT/WC 

15) Your Favorite Coffee Shop in NT/WC 

We’re providing the list of places, although we’ve left out the large national and regional chains (with more than 50-60 total locations), because you have to write (or type) the names of your favorites in the spaces provided and we’re pretty sure you know those if they’re your favorite in a category — and yes, you can still include them (we just wish you would focus on local). 

Fill out as many categories as you like, but please don’t put the same name in every category, because those votes won’t be counted and if a restaurant is on our Wesley Chapel list, your vote won’t count if you write the name of that restaurant in any New Tampa-only spaces and vice-versa. You can submit both New Tampa & Wesley Chapel ballots without being DQed. Click HERE to fill out the Wesley Chapel Reader Dining Survey & Contest form!

We have upped the prizes for this year — the Grand Prize is now $200, plus prizes of $100 and $50, chosen at random from among all correctly-filled-out entries received by email or on our NeighborhoodNewsOnline.net website (Note-no U.S. Mail entries will be accepted for this year’s contest!) by Friday, October 18

Good luck! — GN