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Article
Courtesy of Channel 5 WPTV
By
Forrest Saunders
Published March 17, 2025
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TALLAHASSEE — A South Florida lawmaker is proposing a new plan aimed at
increasing transparency and oversight for homeowners' associations (HOAs),
with the goal of enforcing new laws more effectively and reducing fraud.
Rep. Juan Carlos Porras (R-Miami) is concerned that many
HOAs have either failed to comply with recently passed rules or have been
involved in fraud cases. He believes that stricter accountability is
necessary for all of them.
"Even in my district — one of the largest organized crime
busts in the state’s history occurred with our HOA, The Hammocks," Porras
said. "They stole millions of dollars from our residents."
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Porras has introduced
HB 983, which includes several key provisions designed to
hold HOAs more accountable:
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Easier processes
for recalling HOA board members.
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The ability for
homeowners to recover legal fees if they win lawsuits
against their HOA.
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A requirement for
HOAs to provide documents and records before homebuyers
close on a property.
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And, a significant
change: Local law enforcement could investigate, audit,
and inspect HOAs, instead of relying solely on state
agencies.
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“Changing the focus from DBPR to local
law enforcement,” Porras said. “I think Tallahassee has done
a great job with some of our legislation. But unfortunately,
we lack enforceability. The enforcement of our laws is
lacking. So, if we allow our cops to do their job — audit,
inspect, and even investigate these HOAs and condos — I
think a lot of these problems will cease to exist.”
Porras' bill is one of at least four similar proposals this
session, though it’s unclear which, if any, will advance.
Governor Ron DeSantis has yet to weigh in on the bills, but
he briefly addressed HOAs earlier this week when discussing
the high cost of condo repair assessments following new
building safety laws.
“My view is, there are certain things that probably need to
be improved,” said the Republican governor. “But if it's not
a major safety issue, let them do it. There needs to be more
transparency in the HOAs, and maybe local governments should
have more control over how they manage things.”
For Porras, the primary goal is to curb fraud and ensure
fairness. He said South Florida has some of the largest HOAs
in the nation — and some of the most corrupt as well.
“These homeowners associations and condominium boards act
like pseudo-governments," he explained. "But they don’t have
the same level of accountability that, say, I or other
elected officials have. I’ve been fighting hard to make sure
we increase that accountability — and we’ll continue to do
so this year."
The next question is whether HB 983 will receive a hearing
and move through the legislative process. While Porras is
confident it will, only time will tell if the bill gains
traction during the rest of the 60-day session.
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