THE DEBATE ABOUT HB 657

An Opinion By Jan Bergemann

Published February 3, 2026

Newspaper or TV -- we can read or hear debates about HB 657, the COMMUNITY ASSOCIATION BILL filed by Representative Juan Carlos Porras (R – Distr. 119, Miami). While most homeowners are very happy with the provisions of the bill, the industry doesn’t seem to be pretty happy that this bill was filed.

Remember, Representative Porras represents THE HAMMOCKS, the big HOA where board members have allegedly have embezzled more than $4M – and created a huge legal mess that still hasn’t been entangled five years after the problems were initially discovered.

The bill will not only take care of the so-called Kaufman-Language, a provision in the governing documents that creates legal havoc if missing, but will as well create a so-called COMMUNITY ASSOCIATION COURT PROGRAM, that would finally create some sort of reasonable easy enforcement for owners of property located on homeowners’ associations regulated by FS 720 (HOA Act). It’s about time that owners will have access to a specialized court system that allows them to bring their case to judges knowledgeable of HOA law. In the moment we often see the weirdest rulings often requiring “corrections” by a high-priced appeals court. It makes very little sense that HOAs add as budget line items Legal Fees in huge amounts. The fees homeowners are paying are called “MAINTENANCE FEES”, meaning the money paid should be used for upkeep and maintenance of the amenities and common areas, not to make attorneys rich!

Another big portion of the bill deals with the ability of a super-majority of homeowners to terminate existing homeowners’ associations. Owners speaking out against these provisions should really read the actual wording of the bill, trying to understand what the bill really tries to achieve. The TERMINATION provisions are not meant to deal with HOAs that have many amenities, they are meant for older communities that have no – or barely any – amenities. The owners in these communities are just being charged for “managing” more or less nothing and make very little sense.

Board members of bigger, newer communities have been heard speaking out against the bill. Well folks: “YOU ARE WRONG!” Communities with lots of amenities, like roads, golf courses, tennis courts and other high-priced amenities can’t really be terminated! Example roads: Roads in HOAs are sub-par and couldn’t be given back to city or county without being brought up to standards. The cost would be immense. These board members don’t have to be afraid that owners vote to terminate the community and take away their power!

The bill, if enacted and signed by Governor Ron DeSantis into law, would really be a huge step in the right direction, bringing more law and common sense into these communities.