HOMEOWNERS' ASSOCIATIONS -- A FAILED EXPERIMENT

An Opinion By Jan Bergemann

Published September 9, 2025

A Florida House Representative finally got it right when he called mandatory homeowners' associations a "FAILED EXPERIMENT". We have said that since more than 20 years ago! Over the years FS 720 (The HOA ACT) has improved and has gotten a little bit more owner-friendly, but no matter how many improvements are being made to the statutes, it will always have owners at a disadvantage, paying for many things they don’t really need and are paying with their maintenance fees for things they are already being charged for by property taxes, starting with roads and street-lights. And no matter what owner-friendly provisions are added to the HOA ACT: There is a total lack of enforcement!

And then there are the endless lawsuits that feed thousands of folks in law firms – at the expense of the homeowners.

A friendly Circuit Court judge once said to me: “Years ago neighborly disputes were easy to settle, most often in mediation. In the end we ruled and the neighbors shook hands, being neighborly again. Nowadays we are dealing in neighbors' disputes with expensive lawyers in Armani suits, filing motion over motion, even appealing the rulings of circuit courts. Most of them don’t care about the actual outcome because they get paid – win or lose – by homeowners. And if the association fires them for losing a lawsuit, no problem! The HOA around the corner will hire them – the same association who just fired their association attorney for the same reason.

No matter what cost the association creates, the owners will always pay, often not even understanding why they have to pay for it!

Are you happy with your homeowners’ association?