In Florida, mention the letters HOA and you are likely to hear tales of loathing and disgust. Homeowners Associations (HOAs) were established here with the idea of maintaining community standards and manage shared amenities, aiming to preserve property values and ensure a cohesive living environment. The problem is, there have been numerous instances where HOAs overstep their boundaries, make capricious enforcement decisions and are downright petty.
Around 45% of homes in Florida are part of an HOA.
Even worse, some HOAs are financially irresponsible, leaving homeowners holding the bag when eventually a huge bill comes due. Finally, many HOAs in the Sunshine State charge seemingly exorbitant monthly fees, some running into thousands of dollars. Homeowners are left with little recourse but to pay, as typically HOAs have the power to foreclose on properties that are delinquent in their monthly payments.
One Florida lawmaker has filed a new bill in the state legislature that aims to increase transparency and oversight for HOAs. The goal is to enforcing new laws more effectively and reduce fraud. Hopefully, HOA abuse has met its match.
The Bill
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Rep. Juan Carlos Porras, a Republican from Miami has filed HB-983, which aims to “Revise, provides & remove provisions relating to recall of board members of homeowners’ associations; specifies when board member is delinquent in paying assessments; revises & provides requirements relating to election & recall disputes; attorney fees; requires certain documents be provided to prospective purchasers before executing contract; provides certain powers & authority to local law enforcement agencies.”
It had its first reading in the legislature last Tuesday (March 7, 2025) and has been filed to the Civil Justice & Claims Subcommittee, chaired by Traci Koster, a Republican from House District 66 in the metropolitan Tampa area.
Several legislative proposals this session aim to address similar concerns, including the bill introduced by Porras. However, it remains uncertain which, if any, will move forward. Governor Ron DeSantis has not yet taken a position on the measures. Earlier this week, he briefly mentioned homeowners associations while discussing the rising costs of condo repair assessments, which have increased due to newly implemented building safety regulations.
“My view is, there are certain things that probably need to be improved,” DeSantis said. “There needs to be more transparency in the HOAs, and maybe local governments should have more control over how they manage things.”
Among the changes in Porras’s bill are
- Streamlined procedures for removing HOA board members.
- Homeowners could reclaim legal expenses if they prevail in lawsuits against their HOA.
- A mandate for HOAs to disclose documents and records to homebuyers before closing on a property.
- Local law enforcement would have the authority to investigate, audit, and oversee HOAs, rather than relying exclusively on state agencies.
Here are some of most common complaints homeowners have about their HOA:
Financial Mismanagement
Financial mismanagement by HOAs can have severe consequences for homeowners, including increased fees and reduced property values. In Florida, there have been significant fraud cases, including a $2 million theft by members of the Hammocks HOA board in West Kendall. In response, Porras introduced the legislation with provisions to allow local authorities to audit and inspect HOAs for fraud.
Excessive and Unjust Fees
One common complaint against HOAs is the imposition of excessive fees or assessments. For example, in West Palm Beach, Florida, homeowners in the Village of Sandalwood Lakes faced monthly HOA fees of $605, which nearly led to evictions for some residents. Despite a recent decrease of $70 annually, the fees remain unaffordable, causing some homeowners to leave the community.
Inconsistent Rule Enforcement
Selective or inconsistent enforcement of HOA rules is a common complaint among homeowners. It is not at all uncommon for one homeowner to receive notices with threats of fines for weeds in their front yard while others on the same street have overgrown flowerbeds and calf-high grass but no notices of any kind. In other cases some homeowners have reported receiving citations for minor infractions, while others committing similar violations were not penalized.
Abuse of Power by Board Members
HOA board members hold significant authority in Florida, and instances where this power is misused can lead to community discord. HOA abuse of power can manifest in various ways, including selective enforcement of rules, misuse of association funds, failure to hold proper elections, and making decisions without proper board approval. Such actions can result in legal disputes and a breakdown of trust within the community.
On Realtor.com, Kristen Conti, broker-owner of Peacock Premier Properties in Englewood, FL, recounted a good example:
“Oftentimes, people on the boards are on a total power trip and use that to advance their own desires,” Conti says. “I don’t invest in communities with HOAs anymore because their rules are so over the top that it upsets the tenants.”
Conti recalls a personal encounter with such an HOA: “They came and measured the length of the grass, and if it was half an inch too long, we would get fined,” Conti says. “Here in the summer in Florida, grass grows quickly. So it can be half an inch too long just three days after being cut. It was a constant headache.”
Legal Battles and Homeowner Retaliation
Photo: Wikimedia Commons
Homeowners have sometimes taken legal action against HOAs perceived as overreaching. For example, in Miami, supermodel Karolina Kurkova and her husband, Archie Drury, sued the exclusive Fisher Island Club. They alleged that the club’s board targeted and expelled them to seize control of their property interests and prevent Drury’s business activities. They claimed the club wrongfully suspended Drury’s membership twice and expelled them in January, harming their reputation and causing significant financial damages.
Restrictions on Personal Property and Expression
HOAs often have guidelines to maintain community aesthetics, but overly restrictive policies can infringe on personal freedoms. For instance, some HOAs have attempted to prohibit the installation of satellite dishes or specific landscaping choices. However, the Federal Communications Commission’s Over-the-Air Reception Devices Rule protects homeowners’ rights to install satellite dishes, rendering such HOA restrictions unenforceable. Other laws
Lack of Transparency and Homeowner Involvement
Opaque decision-making processes and limited homeowner involvement can lead to mistrust and allegations of misconduct. For example, some homeowners have reported difficulties in accessing financial records or understanding how their fees are being utilized, leading to suspicions of mismanagement.
Fighting Back
Homeowners facing HOA abuses have several avenues for recourse. They can document the issues, review governing documents, communicate concerns to the board, seek support from other homeowners, utilize internal dispute resolution procedures, file complaints with relevant state departments, consider legal action, or initiate a recall of board members. For instance, in Florida, homeowners can file complaints with the Division of Florida Condominiums, Timeshares, and Mobile Homes if they suspect abuse of power by HOA boards.
Another route is to hire a legal team that handles HOA disputes and abuses.
While HOAs play a crucial role in managing community affairs, abuses of power can and do occur. Homeowners must remain vigilant, informed, and proactive in addressing potential misconduct to ensure fair and equitable community governance.
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