ABOLISHING HOAs?

An Opinion By Jan Bergemann

Published August 26, 2025

There is no doubt: Developers and cities/counties just love homeowners’ associations. Developers can build subpar roads that fall apart after a few years and have to be repaired by the homeowners at great expense. Cities/Counties love it because the owners have to pay the full property taxes, but the city/county doesn’t have to maintain the roads.

After allowing developers to build subpar roads, cities/counties are unwilling to take over these roads if the owners are terminating their HOA. Owners of an HOA in St. Johns County had to pay the county $500.000.00 after dissolving their HOA, in order to have the county taking over maintenance of the roads in the community.

Amenities are fine, but if you live outside an HOA and don’t pay maintenance fees for five years, you can build your own swimming pool – with no restrictions as to when to use the pool.

HOAs are not as popular as the industry likes to make them. Many owners in older communities are only too happy to see their HOA dissolved by MRTA after 30 years.

We have seen board members being elected by owners whose only agenda was: Not to renew the deed-restriction and have MRTA kick in.

Despite the fact that legislators now added FS 720.3032 (Notice of association information; preservation from Marketable Record Title Act) to the HOA ACT, it doesn’t mean that the board is required to preserve the covenants. Especially many older communities with no – or just a few – amenities often take advantage of using MRTA to get rid of their HOA.

People moving into an HOA should always consider: They pay for insurance, property taxes and repairs of their homes, but other folks decide how your home and garden looks like and board members can fine you if you are not following their orders. Board members can ruin your personal finances by making stupid decisions.

What advantages – or disadvantages – does it have to own a home in a HOA? Do you like living in a HOA? Let’s hear what you have to say?