Clarifying Changes To Laws On HOA Parking
Prior to mid-2024, most Florida homeowners’ associations (HOAs) barred pickup trucks and ‘commercial vehicles’ (standard size vehicles with commercial advertising on them) from being parked in driveways or in other places where they are clearly visible, citing primarily aesthetic objections. In 2024, however, the relevant law was adapted, essentially precluding HOAs from restricting parking of these vehicles. At this point it is crucial to clarify what an HOA can and cannot do in this respect.
No Regulation Of ‘Personal Vehicles’
Perhaps most notably, Florida’s Sec. 720.3075 explicitly forbids a homeowners’ association (and any of its documents specifically) from passing regulations governing a parcel owner or tenant, their guests or invitees parking their personal vehicles or work vehicles anywhere that local, state, and federal laws allow. In other words, an HOA may not set limits on where a person’s personal vehicle can be parked within the community as long as the law permits their parking in that spot.
As one might imagine, the definition of “personal vehicle” is debatable, with some HOA residents trying to classify recreational vehicles (RVs) as personal vehicles, and HOAs pushing back. A ‘work vehicle’ is easier to define, with the statute clarifying it as any vehicle bearing commercial advertising as long as it does not meet the definition of a “commercial motor vehicle” (which is much, much larger, with a minimum weight of 26,001 pounds under Florida law).
HOA Can Still Regulate
All this notwithstanding, an HOA still does have the right to regulate violations of its governing documents. While parking fines are usually small amounts, these can add up, and if someone accrues fines totaling more than $1,000 can become liens under most HOAs. However, fines cannot be assessed without the association giving notice to the alleged violator, and allowing them a chance to correct the violation.
One other thing to keep in mind is that as of this writing, these modifications to Florida’s HOA laws are relatively new. It remains to be seen how future litigation will either hollow these regulations, or make them even more restrictive. For now, it is a good idea to consult an attorney if you have questions or concerns about parking your vehicle in your driveway – or anywhere else in your HOA.
Contact A Tampa Homeowners’ Association Attorney
Parking is an issue that affects most who live in an HOA, and as a result, discussions can become heated. A Tampa homeowners’ association attorney from the Seward Law Office can help clarify matters so that both the association and the owners can reach an understanding on these issues. Call our office today to schedule a consultation.
Source:
flsenate.gov/Laws/Statutes/2025/0720.3075
