CCFJ COMMUNITY ASSOCIATION BLOG

DISSOLVING HOMEOWNERS’ ASSOCIATIONS?

An Opinion By Jan Bergemann

Published March 31, 2026

The media was full of reports about HB 657 – the bill that would have allowed owners to dissolve their HOA by a super-majority vote of all members. The bill failed – being killed behind closed doors by the Senate, meaning no senator had to explain why the bill was killed, hoping to avoid voters’ backlash.

Remember, the Florida Legislature added in 2024 a provision backers (the so-called HOA industry) had hoped would protect HOAs against being eliminated:

FS 720.303(2)(e) At the first board meeting, excluding the organizational meeting, which follows the annual meeting of the members, the board shall consider the desirability of filing notices to preserve the covenants or restrictions affecting the community or association from extinguishment under the Marketable Record Title Act, chapter 712, and to authorize and direct the appropriate officer to file notice in accordance with s. 720.3032. [Notice of association information; preservation from Marketable Record Title Act.]

But, CONSIDER doesn’t mean that they have to go through with it. The board would follow the law just by talking about the possibility of preserving the covenants, but not going through with it.

Homeowners in HOAs that are getting to the point where MRTA preservation would be necessary should just elect board members that promise not to file notices preserving the covenants and restrictions. And -- Voilà -- as soon as the 30 years are up you are all HOA FREE!

FREE AT LAST!