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Article
Courtesy of Florida Politics
By Jesse Scheckner
Published March 14, 2026
The bill proposed a court-based dispute process and a
pathway for homeowners to dissolve troubled associations through petitions
and elections.
It passed in the House with overwhelming support March 5. Now one week
later, an ambitious bill to reform condo and homeowners associations (HOA)
is likely to be among the many legislative casualties this Session.
The measure (HB 657) aimed to make numerous changes to state laws governing
HOAs that would have increased transparency, strengthened oversight and
provided new mechanisms to resolve disputes between homeowners and their
association boards.
The changes are much-needed, according to the bill’s sponsor, Miami
Republican Rep. Juan Porras, who called HOAs in their current form a “failed
experiment” allowed to “run amok” due to wide regulatory loopholes in
current state law.
But by Thursday, one day before Sine Die, it was clear the updates the bill
contemplates won’t come this year. While the measure passed 108-2 last week,
its upper-chamber analogue (SB 1498) by Fleming Island Republican Sen.
Jennifer Bradley has languished unheard since early February, clearing just
one of three committees to which it was referred.
Porras said it is “unlikely” the Senate will hear HB 657, which he called
“landmark legislation that would have helped millions of Floridians living
with corrupt and unaccountable associations.”
He vowed to continue working on the issue as long as he remains a lawmaker,
but indicated things must change across the rotunda if such efforts are to
succeed in the future; this year, he said, the Senate has been largely
silent on the matter.
“I am unclear as to the reasoning the Florida Senate does not believe over
50% of Florida residents living in an HOA deserve transparency and
accountability. There has been little to no communication from our Senate
counterparts, but I hope that next year we can form a better dialogue and
pass this bill,” he said. “I will continue to have conversations with
constituents and stakeholders to fight for HOA and condo reform as long as I
am a member of the Florida House.”
HB 657 would have implemented three major changes to Florida’s HOA laws.
First, it would have addressed transparency issues by creating a
state-funded court process to address condo and HOA disputes, which would
replace the pre-lawsuit mediation process required today.
Second, it would have provided a process for the dissolution of HOAs. Porras
has stressed this would not be a one-size-fits-all approach, and there would
be several necessary steps — petition gathering, an election and final
approval by a Judge — before an organization could be terminated.
Third, the measure would have addressed a lack of accountability that
malfeasant HOA Board members now enjoy by mandating that HOAs include
“Kaufman language” in their governing documents that require organization
bylaws to change in accordance with changes in state law automatically.
Supporters argued the measure is an apt response to a regulatory system that
has plainly failed. Porras has said more than 60% of Florida homes are in
HOAs, affecting more than 8 million homeowners, yet residents often have
little practical recourse against abusive boards.
Former condo ombudsman Spencer Hennings told lawmakers in 2023 that the
current system works only when boards decide to act scrupulously. When
they’re corrupt, “unit owners basically have no rights,” he said, as
recalled board members can simply refuse to leave, state arbitration orders
are non-binding and litigation can take years, costing homeowners a small
fortune, before cases ultimately become moot.
That frustration has been fueled by real scandals. Lawmakers repeatedly
pointed to the Hammocks HOA case in Miami-Dade, where prosecutors alleged
millions were looted from association funds, as well as more recent South
Florida and Pinellas County cases involving alleged racketeering, fraud,
grand theft and misuse of association money.
A January Civic Data & Research Institute survey of likely General Election
voters conducted in January found 78% supported HB 657’s aims, including
direct court access and an HOA-dissolution process. That included 82% of
Republicans, 75% of Democrats and 77% of third- and no-party voters.
Opponents, however, contended the bill was overly blunt. Critics warned the
20% vote threshold for unit owners to begin a board dissolution process was
too low and could be exploited, even though a vote of the full membership
and subsequent judicial review would have been needed to finalize the
process.
Others argued that scrapping pre-suit mediation could drive up costs by
pushing more homeowners into litigation, even though HOA cases are already
complex and hard to bring.
One condo association member from Coral Springs objected to the Kaufman
language portion, which he said gave the Legislature too much power over
private governing documents. The man, Jonathan Gonzalez, called the bill a
“Trojan horse” whose board dissolution provisions could destabilize
communities, depress property values and invite corporate buyouts.
That critique overlaps with other polling. An October Tyson Group survey of
homeowners living in HOAs found 80% said they enjoy HOA living, with 61%
saying the benefits are worth the dues and that they’d choose HOA living
again. Seventy-three percent of respondents said stronger enforcement of
existing laws, rather than abolition, is the right answer.
Mark Anderson, Executive Director of the Florida-based Chief Executive
Officers of Management Companies, which represents community association
managers, celebrated HB 657’s likely demise Thursday.
“Our legislators ultimately agreed with what Florida homeowners have been
saying all along: community associations may have challenges but abolishing
them is not the answer,” he said in a statement. “Although the actual bill
never proposed to completely abolish community associations, it did attempt
to make it easier to terminate them while increasing costs on the very
homeowners this bill was intended to help. Community associations play a
critical role in protecting quality of life, maintaining property values,
and keeping the cost of local services from shifting onto taxpayers. After
today, we look forward to continuing our focus on improving oversight and
enforcement of existing laws — not attempting to dismantle a system that
millions of residents rely on every day.”
In June 2024, Gov. Ron DeSantis signed another HOA-focused bill Porras
sponsored, with support from Republican Reps. Adam Anderson of Palm Harbor
and Tiffany Esposito of Fort Myers, to limit certain HOA enforcement powers,
bar fines for minor issues like trash cans or holiday lights, and require
more transparency from Boards.
That measure (HB 1203) cleared both chambers of the Legislature with uniform
support.
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