Florida is actively trying to reform Homeowners Associations (HOAs) due to widespread complaints about their power, with recent legislative efforts (like the proposed HB 657) aiming to make dissolution easier, increase transparency, and curb board authority, though abolishing them entirely faces hurdles and relies on broad homeowner consensus and legislative approval, as the current system makes it difficult to leave or dissolve an HOA.
Key Legislative Efforts & Proposals:
- HB 657 (Porras Bill): Proposes a clearer, court-supervised path to dissolve HOAs, allowing homeowners to shut them down with a significant majority vote (around two-thirds) after a petition process.
- Increased Transparency: Bills aim to mandate HOA board education, provide clear access to governing documents, and limit fine amounts.
- Curbing Authority: Changes seek to stop HOAs from liening homes for unpaid fines and limit their power to take property, moving away from what some call “unchecked” power.
Why the Push for Change?
- Homeowner Frustration: Many homeowners feel harassed, find rules selectively enforced, and see little accountability from boards.
- Power Imbalance: HOAs can wield significant power, sometimes compared to local governments, with little recourse for residents.
How to Get Rid of an HOA (Currently & Potentially):
- Current Law (Difficult): It’s very hard; often requires unanimous consent or proving fraud to get a court to step in.
- New Proposals: The proposed bills aim to lower the barrier, requiring a petition (e.g., 20% of owners) to start the process, followed by a supermajority vote (e.g., 66.7%).
- Sell: For many, selling their property is the only practical way out.
What’s Next?
These bills face debate, but lawmakers are trying to give power back to residents, balancing community standards with individual property rights. The success of these reforms depends on legislative support and the upcoming session.
