TALLAHASSEE, Fla. (WCTV/Gray Florida Capital Bureau) – Florida homeowners could gain new powers to hold homeowners’ associations accountable under reform legislation filed for the upcoming legislative session.
The bill, proposed by Rep. Juan Carlos Porras, R-Miami, would overhaul how HOA complaints are handled and give homeowners the ability to vote to dissolve their associations.
“This would completely revamp how homeowners’ associations and condos are operated here in the state of Florida,” Porras said.
The legislation would remove HOA complaints from the Department of Business and Professional Regulation and create a Community Association court program, allowing disputes to be argued before a judge.
“HOAs have historically not been transparent and not been able to be held accountable,” Porras said. “This now gives power directly back to the people.”
Florida has more HOAs than any other state, with state data showing nearly half of all homes in the state are part of one.
Under the proposed changes, homeowners would gain the power to vote to dissolve their HOAs if a majority agrees.
“If the majority of homeowners want to get rid of their association, they will have that opportunity,” Porras said. “That’s how we’re going to get rid of some of these bad-acting HOAs in our state.”
Travis Moore, a policy expert with the Community Associations Institute, said the dissolution provision isn’t necessary because HOAs already automatically dissolve every 30 years unless revitalized.
“Every 30 years, no matter what, the HOA documents or regulations, covenants are extinguished,” Moore said. “So basically, an HOA goes away every 30 years unless it is revitalized.”
Moore said he welcomes the conversation and is working with Porras on additional HOA reforms.
“Just like with any industry, whether it’s insurance, the insurance industry, property tax issues, whatever it is, I think it’s important to always have these discussions,” Moore said.
The legislative session begins Jan. 13 in Tallahassee.
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