CCFJ COMMUNITY ASSOCIATION BLOG

THE SOLE SURVIVOR: HB 797

An Opinion By Jan Bergemann

Published July 14, 2026

Only one community association bill made it to the Governor’s desk: HB 797 – and this bill is more or less only clarifying language in various statutes.

718.1265(1), 719.128(1), and 720.316(1), F.S., relating to lead agency procurement, boards, and conflicts of interest; association emergency powers; association emergency powers; and association emergency powers, respectively, to incorporate the amendment made to s. 617.0830, F.S., in references thereto; reenacting s. 718.3027(2) and (5), F.S., relating to conflicts of interest, to incorporate the amendment made to s. 617.0832, F.S., in references thereto; reenacting s. 720.3033(2)(a) and (b) and (3), F.S., relating to officers and directors, respectively, to incorporate the amendments made to ss. 617.0832 and 617.0834, F.S., in references thereto; reenacting s 721.13(13)(a), F.S., relating to management, to incorporate the amendment made to s. 617.0834, F.S., in a reference thereto; reenacting s. 718.111(1)(d), F.S., relating to the association, to incorporate the amendments made to ss. 617.0830 and 617.0834, F.S., in references thereto; providing an effective date.

Lots of community association bills had been filed at the beginning of this year’s Legislative Session, but they all died. Some were not even considered in committee, others died in committee or even on House or Senate floor. Not one other bill made it to the Governor’s desk. Homeowners and condo owners still have to deal with statutes that were created without enforcement or even vague language where even judges have a hard time dealing with the interpretation of the wording of these statutes. Fraud, scams , embezzlement and otherwise money “missing“ from association funds are still plaguing Florida’s community associations.

The real question: What causes the Florida Legislature to totally ignore the needs of all these Florida citizens (about 50% of all Floridians live in some sort of community association)?

Is it to please the so-called “service” industry – attorneys, community association managers and others making money at the expense of all these owners? Attorneys are busy like bees, some can’t even take on new clients, court dockets are full with lawsuits from HOAs and Condos, the Division of Florida Condominiums, Timeshares and Mobile Homes and DBPR CAM Licensing is failing to do the job and CAMs get away with violating Florida statutes despite laws saying otherwise.

Bills trying to create necessary enforcement and punishment for bad actors are dying left and right. Is there a pattern to this madness?

Remember: Already in 2007 attempts were made to create mandatory reserves in condos and co-ops (FS 718 + FS 719). The fight over mandatory reserves lasted three years and ended with a total compromise: Reserves should be in the budget, but the owners were allowed to vote down reserve funding year for year! And we all know where that ended: In the collapse of the Champlain Towers South that cost 98 lives. There was no money to make the desperately needed construction repairs. But after this disaster the legislators couldn’t create mandatory reserves fast enough, so fast that the cost is costing many families their homes!

What does it take for the Legislature to take action? NINETYEIGHT LIVES? The embezzlement of more than $4M from a homeowners’ association (The Hammocks) sure wasn’t enough to get the necessary action from our Legislature. The bill (HB 657) trying to prevent such fraud died in the Senate, after it was approved by the House. The Senate didn’t even make an attempt to deal with this bill after it was approved by the House by a super-majority.

OK – the Legislature approved again funding for the so-called Hurricane Safety Programs, but in the end the owners are still unprotected against fraud, scams and embezzlement and boards are still allowed to hide financial records for many years by using lengthy – and costly -- court procedures to prevent owners from seeing these important financial records.

Will it ever change?