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Article
Courtesy of Florida's Voice
By Frank Kopylov
Published December 15, 2025
TALLAHASSEE — Frustrated by widespread complaints of
unaccountable homeowners associations acting like “mini governments,”
Florida Rep. Juan Porras has filed legislation aimed at empowering residents
through a new court system and the option to dissolve dysfunctional HOAs.
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HB 657,
introduced by the Miami Republican, would eliminate
mandatory pre-suit mediation for disputes, establish a
community association court program in each judicial circuit
and set procedures for terminating HOAs that fail to serve
their communities. The bill, which Porras told Florida’s
Voice draws from constituent stories of abuse and neglect,
is set to take effect July 1, 2026, if passed.
Porras described the bill as a response to “the overall lack
of enforcement of our state laws, and just the complete
disregard for any type of accountability or oversight” in
HOAs across Florida. He cited conversations with residents
and legal experts that highlighted barriers to justice,
including delays and frustrations in existing processes.
“I’ve heard overwhelmingly from constituents and from people
in the legal community that all this pre-suit mediation
would do was to create a bureaucratic barrier between people
getting real solutions for their problems,” Porras said.
“People would either get delayed in court or delayed through
the agency […] In many cases, people would get frustrated.” |
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Homes on the water with docks in Miami Beach
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The bill removes those mediation requirements, which
Porras said often benefit lawyers and stall resolutions. Instead, it
mandates that HOAs include a statement in their governing documents
acknowledging the new court program’s authority, or hold a meeting by a
specified date to vote on amendments. Arbitration proceedings would be
handled by designated arbitrators, and disputes could be escalated to the
community association courts.
Porras emphasized that the issue isn’t abandoned associations but rather
those where leaders are “completely derelict to their duties,” such as
funneling money or abusing power.
“These HOAs act like essentially mini governments,” he said. “And until now,
there’s been no real way to hold them accountable.”
The community association court program would be funded through
reallocations from the Department of Business and Professional Regulation’s
appropriations. Each judicial circuit’s chief judge would oversee the
program, which has jurisdiction over HOA-related matters and authority to
enforce rulings. Circuits must submit annual reports to the Legislature by
Oct. 1 each year, with the Office of the State Courts Administrator
providing support.
Porras predicted the bill’s biggest impact would be behavioral, HOAs
realizing residents can haul them before a judge or special magistrate for
violations like withholding records or mismanaging funds.
“Once people and once homeowner associations realize that homeowners have
the power to take up their issues […] whether it’s the HOA not complying
with state law, or not providing records, or not doing the job that they
were elected to do, they’re going to have to explain to a judge, or explain
to a court why it is that they’re doing so,” he said. “People will see a
much more accountable and a much more transparent community association
across the state.”
The legislation comes amid growing scrutiny of HOAs in Florida, where
millions of residents live under such governance. Porras, representing parts
of Miami-Dade County, said the reforms stem from district-wide and statewide
feedback, positioning the bill as a “big” step toward reform.
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