LAND O' LAKES - Bills pushed by Pasco County lawmakers could give more power to residents in mandatory homeowners associations and community development districts. 
State Sen. Mike Fasano's homeowners association bill could help residents get restitution from developers when problems arise in new communities. 

Legislation proposed by state Rep. Ken Littlefield allows community development districts to enforce deed restrictions. That could help neighborhoods left without an organization to enforce community rules. 

Developers have raised questions about the changes both bills could bring. Some citizen groups contend Littlefield's proposal could be too developer-friendly and that Fasano's bill doesn't go far enough. 

But both Fasano and Littlefield said changes are needed to give more control to residents moving to new neighborhoods spreading across the state. 

Homeowners Get More Control 

Fasano said some homeowners associations - set up by developers who eventually turn over control to residents - couldn't file suit to get developers to pay for repairs at new communities. 

Instead of requiring individual homeowners to go to court on their own, Fasano's Senate Bill 1410 allows associations to initiate, settle and appeal legal action on everything from maintenance of common areas to building repairs. 

Association boards also would not be allowed to change residents' voting rights, or interests in community property, without involving the residents who make up the association. 

"It's giving more power to the residents,'' said Fasano, R- New Port Richey. "It gives them the ability to go back and get restitution out of the developer.'' 

Fasano's bill passed its first Senate committee last week and must clear two more committees before reaching the Senate floor for a vote. A companion bill in the state House also passed its first committee. 

Bill Expands Development Districts 

Littlefield's House Bill 885 expands the size and powers of community development districts. 

Development districts allow developers to use bonds to raise money to build roads, water lines and other infrastructure. Those bonds are paid off by fees paid by residents who move into the new neighborhoods. 

Developer representatives run the district governing boards for the first few years until residents are elected. 

Littlefield's bill authorizes development districts to enforce deed restrictions and architectural reviews. 

Instead of requiring separate homeowners associations, development districts could enforce rules that govern everything from the colors of homes to the type and length of grass allowed. 

That could help some neighborhoods in Wesley Chapel's Meadow Pointe development, where multiple development districts are in place but some areas lack mandatory homeowners associations. 

The bill also allows counties to approve larger development districts. Florida law requires the state approve development districts for developments larger than 1,000 acres. Littlefield's proposal allows counties to approve development districts for developments up to 2,500 acres. 

Development critics question allowing counties to approve larger development districts. 

But current laws result in large developments built with several development districts, which multiplies confusion and administrative costs for residents, said Dennis Smith, one of the Meadow Pointe residents who called for the legislations. 

"It is working to the detriment of consumers because it encourages the proliferation of multiple CDDs within a development,'' Smith said. "The bigger developments are happening anyway.'' 

Critics Question Changing Districts 

The Florida Home Builders Association has yet to take an official position on the proposal, but has heard concerns from developers of large communities. 

"There are some developers that are not pleased,'' builders association spokeswoman Edie Ousley said. 

Allowing counties instead of state regulators to approve larger development districts makes it easier for developers to get them approved, said Jan Bergemann, president of Cyber Citizens for Justice. 

"Littlefield tried to help everyone with the bill, but he ended up helping no one,'' said Bergemann, who heads the group that lobbies for consumer-friendly legislation on behalf of homeowners throughout the state. ``There are so many loopholes left.'' 

Littlefield plans to meet this week with developers and bill supporters. 

"I'm not convinced that's the way the bill will look when and if it comes out the other end,'' said Littlefield, R-Wesley Chapel. "We need to create something that is palatable for both residents and developers.''