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Article
Courtesy of NEWS4JAX
By
Tarik Minor
Published December 13, 2025
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WATCH VIDEO |
TALLAHASSEE – A new proposal filed in the Florida Legislature could give
homeowners the unprecedented power to dismantle their homeowners association
— a move supporters say would restore long-lost freedoms, and opponents warn
could destabilize neighborhoods and property values.
House Bill 657,
filed last week, would establish the “Homeowners’ Association Dissolution
and Accountability Act.” If passed, it would create a legal roadmap for
residents to completely shut down their HOA.
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State Rep. Ron Porras,
who is sponsoring the bill, said his goal is to shift power
back to homeowners.
“I think it’s time we have the conversation if homeowner
associations are really needed,” Porras said. “In my
opinion, they act more as a failed experiment. They’re a
quasi-elected pseudo-government that have more power and are
entitled to more rights than I think most cities and
counties do.”
How the Proposed Process Would Work
Under HB 657, the dissolution process would begin when 20%
of homeowners sign a petition. That would trigger a
mandatory vote. To abolish the HOA, two-thirds of all voting
members must approve. |
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Once the petition threshold is met:
If the vote fails, residents must wait 18 months before
trying again.
Porras argues that the measure would increase
transparency and restore rights to homeowners who, he says, often struggle
to obtain required association documents.
“There’s a lack of transparency across the board,” he said. “Many times
homeowners either don’t get the documents they’re entitled to or the
association makes it harder for people to do their job.”
Real Estate Leaders Warn of Consequences
But critics in the real-estate industry say the proposal could undermine the
very structures that help keep neighborhoods orderly and property values
high.
Howard Flaschen, a broker with Roundtable Realty, said allowing just 20% of
residents to force a vote is too low.
“Twenty percent of a neighborhood that’s upset being able to overwhelm the
entire HOA and get rid of it seems awfully low to me,” Flaschen said. He
noted that HOAs often maintain shared amenities — such as pools, tennis
courts and landscaped entryways — that benefit entire communities.
Porras’ latest proposal also introduces several rules pointed at community
associations (COAs), including the following:
Getting rid of presuit mediation requirements for COAs
Creating a new Community Association Court Program in circuit courts to
better handle disputes
Requiring new COAs (those created on or after July 1, 2026) to include the
following statement in their governing documents:
“This association and the association’s governing documents are governed by
the Florida Condominium Act, as amended from time to time.”
Requiring other COAs (those created before July 1, 2026) to hold a meeting
on whether to include that statement in their own governing documents
What if it gets approved?
If the termination plan does get passed, the HOA board would then be
required to carry out the following:
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Employ professionals to liquidate or conclude the
board’s affairs
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Conduct the affairs of the association as necessary
for the liquidation or termination
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Carry out contracts and collect, pay, and settle
debts and claims for and against the HOA
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Defend suits brought against the association
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Sue in the name of the association for all sums due
or owed to the HOA or to recover any HOA property
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Perform any act necessary to maintain, repair or
demolish unsafe or uninhabitable improvements or other
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HOA property in compliance with applicable codes
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Sell at public or private sale or exchange, convey,
or otherwise dispose of assets of the HOA for an amount deemed to be in
the best interests of the HOA, and execute bills of sale and deeds of
conveyance in the name of the HOA
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Collect and receive rents, profits, accounts
receivable, income, maintenance fees, special assessments, or insurance
proceeds for the association
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Contract and do anything in the name of the HOA which
is proper or convenient to terminate the affairs of the HOA
Afterward, any remaining association assets must be
distributed equally among members or as provided in the termination plan.
In addition, HB 657 aims to punish officers or directors who use HOA funds
to campaign for or against termination plans, fail to hold a meeting after
receiving a petition, or hide financial records relevant to termination
plans.
Anyone found violating those rules could be fined up to $5,000 per violation
and be removed from office.
What’s next for HB 657?
Now that the bill has been filed, it will need to pass through at least one
other committee before the full House will vote on it.
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