TALLAHASSEE, Fla. — After years of homeowners complaining that Florida law makes it impossible to hold their HOA board accountable, a new proposal by a South Florida Republican would tip the scales back in their favor.
HB 657, sponsored by Juan Porras (R-Miami Dade) would be the biggest overhaul of HOA laws in the Sunshine State in years.
The bill would remove many requirements for homeowners to seek mediation before suing their HOA, which homeowners complain is burdensome, opaque and favors the HOA.
Instead, Porras’ proposal creates a ‘streamlined’ Community Association Court Program, which would be a dedicated wing of a circuit to oversee HOA disputes.
The bill would also require HOAs to standardize their governing documents and update those documents yearly in a public meeting.
If homeowners decide their HOA is dysfunctional or is actively working against their interests, the bill would let them vote to dissolve their HOA entirely.
To accomplish this, homeowners would need to gather signatures from 20% of the community, which would force the board to hold a vote.
If two-thirds of the community supports dissolution, the board would then have to transfer power to a trustee or oversee the dismantling of the HOA. If the vote fails, another vote cannot be held for 18 months.
“Floridians have been asking for real HOA reform, and we’re delivering,” Porras said.
The bill has barely begun to catch the attention of other lawmakers and does not yet have a State Senate companion, which would be necessary to bring the bill to Gov. DeSantis’ desk.
However, news of Porras’ legislation is already creating questions.
“What happens if you dissolve [the HOA]? How do the other amenities get paid?” one Republican representative texted.
As currently written, the bill would force the sale or destruction of community assets or require them to be sold equally to homeowners. It did not outline specific provisions for items such as roads, streetlights, and retention ponds that many HOAs oversee, nor presumably popular items like pools.
WFTV reached out to Porras’ team to clarify that part of his bill.
The proposal has been well-received by property owners so far.
In the Island Club community in Orlando’s Rosemont neighborhood, Chris Kibodeaux, who has been protesting his HOA for years over the cost of proposed roof replacements, said he thought the accountability measures would help.
“They have literally taken away in person meetings to go to zoom,” he said, adding that he felt like he wasn’t able to effectively challenge his board members. “I think that would be awesome to have them accountable.”
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