‘A failed experiment:’ Florida lawmaker considers statewide ban on HOAs

Florida home generic (Pixabay)

FLORIDA – Homeowners’ associations have been a mainstay in many Florida communities for decades now, imposing rules on their neighborhoods to help keep property values steady. But now, a South Florida lawmaker is considering the elimination of HOAs across the Sunshine State, as reported by our sister station WKMG in Orlando.

The move comes courtesy of state Rep. Juan Porras (R-Miami), who announced the proposal on social media last week.

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“I am seriously considering legislation to repeal Homeowner Associations,” the post reads. “In the Free State of Florida, we should not have authoritarian boards dictate your day-to-day life with no accountability.”

Earlier this year, Porras filed a bill in the state Legislature (HB 983), which sought to crack down on rules regarding HOA elections and financial reporting.

The bill ultimately died in June, but Porras said he’s not done yet.

In an interview with Florida’s Voice this month, the lawmaker claimed that he’s heard from dozens of constituents who are struggling with higher HOA costs, special assessments and opaque decision-making.

“I think the only real alternative right now is to go ahead and rip off the band-aid,” he told Florida’s Voice. “I mean, like I said, this is a failed experiment... In areas of my district, there are HOAs that pay $400, $500 a month for something as simple as lawn maintenance.”

Porras also pointed to the regulatory authority of these HOAs, comparing them to a type of “authoritarianism.”

“To have somebody tell you what color you can paint your house or what garden gnome you can have on your front porch — I don’t think that’s the free state of Florida," he continued.

Central Florida hasn’t been exempt from some of the troubles that HOAs can pose. Earlier this year, a Volusia County homeowner faced legal action from his HOA after erecting a flagpole in his yard.

Meanwhile, WFTS-TV reported earlier this year about a situation where a Riverview homeowner was jailed after she was served with a lawsuit by her HOA over brown grass and other small violations.

Furthermore, Florida has been one of the fastest-growing states for new housing, which is more likely than older properties to be built in a community governed by an HOA, according to Realtor.com.

In his interview with Florida’s Voice, Porras mentioned that he believes it’s time for Florida residents to explore alternatives like community development districts, which he claimed are more accountable to the public and usually run through local governments as opposed to private boards.

Regardless, making such a change statewide would require some sort of Legislative action, meaning the issue won’t be tackled until next year’s Legislative session at the earliest.


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