Rep. Juan Porras (R-Miami) has filed legislation in the House to help improve "transparency, accountability, and fairness" for Floridians frustrated with irritating homeowners' association procedures this week.
The legislation, HB 657, would erase pre-suit mediation requirements over disputes, mandate HOAs update their governing documents with up-to-date language, and establish a Community Association Court Program to allow qualified arbitrators to look over inquiries in an effort to provide a smoother path for homeowners to resolve specific complaints.
"HB 657 puts homeowners first by creating a fair and transparent system that finally addresses long-standing issues in community governance," Porras said in a House release.
According to the release, HB 675 also institutes a first-of-its-kind legal framework for eliminating homeowners associations if they become ineffective or unreliable to the community's best interests. Specifically, the document outlines requirements for termination, responsibilities of a termination trustee, and ensures proper allocation of assets and payments of lawful debts.
For further accountability, the bill bans unlawful actions by association officers while offering more protections for homeowners during an association dispute. It would also provide more transparency by requiring an annual report from each judicial circuit and give administrative support through the State Courts Administrator, including funding from the Department of Business and Professional Regulation.
HB 657 currently does not have a House companion. A Senate bill has also not been filed.
Rep. Porras has been at the forefront of HOA reforms, including a bill filed during the last Legislative session offering similar enforcement. That bill, HB 983, died in the House Judiciary Committee before receiving a full floor vote.
With HOA frustrations at a fever pitch for many Floridians, Rep. Porras's bill could go a long way in providing some sense of relief. It may also be one of the more important discussions for the Legislature to resolve, and give Porras a signature victory to boot.
If passed, HB 657 would take effect on July 1.
