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New state law gives homeowners power to shut down 'burdensome' HOAs: '[A] failed experiment'

"Homeowners for the first time are going to have a voice."

Florida homeowners will be able to avoid HOAs, if they so choose, thanks to new legislation.

Photo Credit: iStock

Many people across the country live under HOAs, which are known to cause homeowners a lot of trouble. 

Homeowners have called out homeowners associations for preventing them from creating pollinator gardens and making other money-saving and sustainable updates to their homes. Some people have even had their HOAs tell them they're limited to a single color if they want to repaint their houses. 

Now, though, according to The Independent, Florida homeowners will be able to avoid HOAs, if they so choose, thanks to new legislation.

The law, House Bill 657, goes into effect July 1 and offers a legal framework for terminating HOAs that no longer serve a neighborhood's needs or have become dysfunctional. 

Introduced by state Rep. Juan Carlos Porras, the reform should improve fairness, transparency, and accountability for HOA members.

Previously, Porras discussed abolishing HOAs, describing them, per The Independent, as a "failed experiment." Because these associations are prone to mismanagement and abuse by those in charge of them, he said they do "more harm than good."

HB 657 lays out a plan of termination for HOAs that details the responsibilities of the termination trustee and ensures they pay off any debts and properly distribute assets. 

To begin, a homeowner must simply give the HOA board a petition signed by at least half of all voting members. Then, within 60 days, the board must hold a meeting. If two-thirds of all voting members vote in favor of the plan, it's a done deal. 

Additionally, HB 657 addresses homeowner concerns about a lack of independent oversight for HOAs and unclear HOA rules and procedures, providing them with resources if a dispute arises. 

With the bill, the Community Association Court Program will also be created. This is a system set within the circuit courts that guarantees that qualified arbitrators handle disputes, giving homeowners a quick, accessible path to resolving issues.

According to The Independent, the bill states it will remove "burdensome pre-suit mediation requirements." As Porras told WPLG Local 10, "Homeowners for the first time are going to have a voice and be able to go to a judge or go to a magistrate when it comes to these really complex condo, HOA cases."

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