If you live in Florida and have ever had to deal with a homeowner’s
association (HOA), you know how much power they have over your community.
HOAs manage everything from enforcing rules to collecting fees, and they
have significant influence over the day-to-day lives of homeowners. But here’s
the problem: for years, HOAs have been loosely monitored, operating with
minimal oversight and accountability. That could finally change with the
introduction of HB 137 and SB 120—and I have to say, I’m
absolutely thrilled about it!
These two bills aim to bring Florida’s HOAs under the oversight of the Florida
Department of Business and Professional Regulation (DBPR). Right now, while
the DBPR regulates condos and cooperative associations, HOAs have been left to
their own devices. The lack of structure has led to long-standing issues, like
poor financial management, opaque decision-making, and inconsistent enforcement
of rules.
With the introduction of HB 137 by Representative Jervonte
"Tae" Edmonds (District 88, Palm Beach County) and SB 120 by
Senator Danny Burgess (District 23, Hillsborough and Pasco counties), we’re
finally seeing an effort to rein in these organizations and give homeowners the
protection they deserve.
This kind of oversight could bring much-needed accountability and
transparency to a system that’s leaving many homeowners frustrated. Let me
break down what these bills propose, why they’re so important, and why I think
this is a long-overdue win for everyone living under HOA rules.
What HB 137 and SB 120 Propose
Right now, Florida’s HOAs aren’t held to the same standards as condos and
cooperatives, which must comply with stricter reporting and operational rules
under the DBPR.
This means HOAs have largely been left to self-regulate, which doesn’t
always work in homeowners’ favor. HB 137 and SB 120 aim to change that by
introducing some much-needed structure.
Here’s what these bills would do:
1.
Mandatory
Registration: HOAs would be required to officially register with the DBPR,
providing detailed information about their governing boards, bylaws, and
operational procedures.
2.
Financial
Transparency: HOAs would need to submit budgets and financial reports to the
DBPR, making these documents accessible to homeowners. No more mystery
about where your fees are going!
3.
Complaint
Investigations: The DBPR would gain authority to investigate complaints against
HOAs, mediate disputes, and enforce compliance with the law.
4.
Training for
Board Members: The bill suggests requiring board members to complete training on their legal responsibilities and fiduciary duties. But here’s the thing—Florida already made condo and HOA board certification a requirement with a new law in 2024, so I’m not sure why it is included in the proposed legislation.
5.
Penalties for
Noncompliance: HOAs that fail to comply with these new rules could face fines,
the suspension of their authority, or other disciplinary measures.
By bringing HOAs under the DBPR’s umbrella, these bills would create a
system that’s fairer, more transparent, and more accountable to homeowners.
Why This Matters
For years, the lack of oversight has been a glaring issue in Florida’s
HOA system. HOAs have operated in a kind of gray area, with minimal checks on
how they manage funds or enforce rules. This loose monitoring has created
countless frustrations for homeowners:
Mismanaged
Finances: Without strict oversight, some HOAs have misused funds,
implemented sudden fee increases, or failed to maintain accurate financial
records.
Opaque
Decision-Making: Many HOAs operate with little transparency, making major decisions
without informing or consulting homeowners.
Abuse of Power: Inconsistent
enforcement of rules and targeting specific homeowners are common
complaints, leaving people feeling unfairly treated.
Limited
Recourse for Homeowners: When disputes arise, homeowners
often have nowhere to turn. Filing an internal complaint or hiring a
lawyer are usually the only options, and neither guarantees a fair
outcome.
HB 137 and SB 120 aim to solve these problems by adding a much-needed
layer of accountability. For homeowners like me, this feels like a long time
coming.
Why I’m So Excited About This
As someone who’s lived in HOA-managed communities, I know how frustrating
it can be to deal with an unaccountable board. I’ve heard stories from
neighbors and friends about HOAs suddenly raising fees without explanation,
enforcing rules inconsistently, or making decisions behind closed doors. These
bills give me real hope that we’re moving toward a fairer system.
Here’s why I’m thrilled about HB 137 and SB 120:
Transparency at
Last: Knowing that HOAs would have to file financial reports and budgets
with the DBPR means homeowners would finally have insight into how their
fees are being used.
Accountability: With the DBPR
empowered to investigate complaints, homeowners would have a neutral party
to turn to when issues arise. This levels the playing field.
Better
Leadership: Requiring board members to undergo training ensures they
understand their legal responsibilities and act in the community’s best
interest.
Real
Consequences for Misconduct: The ability to impose penalties
for noncompliance gives HOAs a strong incentive to follow the rules.
Concerns—and Why I’m Still Optimistic
Of course, not everyone is on board with these changes. Some people worry
about the potential costs of compliance, as HOAs might pass these expenses onto
homeowners in the form of higher fees. Others are concerned that adding HOAs to
the DBPR’s responsibilities could stretch the agency’s resources thin.
And let’s face it—Florida’s HOAs are incredibly diverse. What works for a
large gated community might not be the best fit for a small neighborhood with
only a few homes. That’s a valid concern, but I believe these challenges can be
addressed through thoughtful implementation.
For me, the potential benefits far outweigh the drawbacks. I’d happily
pay a bit more or wait longer for complaint resolution if it means a fairer,
more transparent system.
What’s Next?
HB 137 and SB 120 are still working their way through the legislative
process, but their introduction alone is a step in the right direction. Whether
you’re a frustrated homeowner or a board member who wants to ensure your HOA is
well-run, these bills have something to offer.
I’ll be keeping a close eye on how this unfolds, but for now, I’m
hopeful—and honestly, a little relieved—that Florida is finally addressing the
loose monitoring of HOAs. If these bills pass, they could set a precedent for
how HOAs are managed, not just in Florida but across the country.
For me, the bottom line is simple: HOAs should work for homeowners, not
the other way around. These bills are a big step toward making that happen.
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