A bill to change the way homeowners associations operate has been passed by the Florida House. The bill’s sponsor, Republican Representative Juan Carlos Porras of Miami, refers to HOAs as a “failed experiment.”
“We have hundreds, if not thousands, of homeowners that have absolutely no recourse for unnecessary fines, for liens, for people that are losing their homes,” Carlos said.
Condo associations are also subject to a large portion of the measure. It is now on its way to the Senate, where its future is uncertain. Numerous amendments are made in the 85-page measure, HB 657. These include enabling circuit courts to establish “community association court programs” to resolve conflicts and establishing a procedure for homeowners to disband an association.
“I would say that we have more community associations in the state of Florida than any other state in the country, and the vast majority of those are extremely well-run, not just efficiently but certainly ethically,” said Travis Moore of the Community Associations Institute.
Homeowners Weigh In
Additionally, it raises the bar for transparency and penalizes board members who violate the regulations. Advocates for community associations have stressed that they offer homeowners vital services.
“The owners are pleased with their community, with the value that their homes have been able to maintain and have because of the association,” Moore said.
Moore stated that his group opposes several of the bill’s key provisions, but he acknowledged that there is always room for improvement. He is concerned, for instance, about how it eliminates pre-suit mediation, which already permits homeowner and association disagreements to be settled out of court.
“The minute you put the word court in front of something that means attorneys,” he said. “It’s going to cost more money. The association is going to spend everybody’s money to defend themselves.”
