Article
Courtesy of Florida Politics
By
Scott Powers
Published January 3, 2022
'People are pretty upset that, during these trying times,
they're getting fines of up to $1,000 for not pressure-washing their
driveway.'
Home owners associations across Florida could see their powers curtailed or
restricted as it relates to imposing fines and liens against home owners,
under legislation introduced by Sen. Victor Torres and Rep. Kristen
Arrington.
Arrington, a Kissimmee Democrat, and Torres, an Orlando Democrat, are
responding to complaints that certain home owners associations, particularly
those where developers retain control of HOA boards, can abuse fines and
liens and cause overly burdensome hardships for home owners who often find
they have little recourse.
The dynamic has been a high-profile, chronic source of hostility and
litigation in the burgeoning Osceola County community of Poinciana, which is
in Torres’ Senate District 15 and partly in Arrington’s House District 43.
Arrington, though, said there is a statewide problem, and that she has been
hearing from frustrated home owners across the state.
“People are pretty upset that, during these trying times, they’re getting
fines of up to $1,000 for not pressure-washing their driveway,” Arrington
said.
Her
House
Bill 1039 would prevent unpaid HOA fines from becoming liens
that could lead to properties being seized. Her
House
Bill 6103 would repeal the ability for associations to issue
fines. Torres’ companion bills are
Senate Bill 1362 and
Senate Bill 1364, respectively.
Home owners association law reform bills are perennial in Legislative
Sessions. Arrington said she believes this to be a new approach to
addressing the fines and liens.
“If there was a quick fix, it probably would have been done a while ago,”
Arrington said. “Talking to some real estate professionals and some people
in associations, they recommend both of these options: either repealing the
fine option, or stopping the lien option.
“These two things, I haven’t (seen) any red flags raised or had anybody say
too much against them as of yet. … But these are two avenues I want to
explore. I’ll be talking to leadership about ways to do one of these to help
folks, especially during these trying times, when we’re not trying to push
people out of their homes,” she said.
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