State Legislators Sponsoring Bills To Protect Homeowners Against HOAs

State legislator Rep. Kristen Arrington (D-Kissimmee), with the support of Victor Torres, Osceola County’s state senator, is sponsoring bills to protect the interests of homeowners. These bills include requirements for distributing governing documents and caps on HOA fines.

A State Full of Homeowners Associations

Roughly 42% of the state’s population lives in a community governed by an HOA. That’s a little over 9 million residents and nearly 50,000 homeowners associations. Furthermore, almost all Osceola County and Central Florida homeowners are part of an HOA.

This means most Floridians pay HOA fees on top of their mortgage. Moreover, they must abide by the community’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs). These often include provisions regarding architectural standards, rental restrictions, pet restrictions, and maintenance requirements. The rules of an HOA are often put in place to keep communities clean and beautiful to enhance property values.

Despite this well-intentioned system, there have been numerous cases of HOAs abusing their power. Many impose predatory fines, harass members, and enforce rules selectively. This is why a few state legislators are choosing to act to protect the interests of homeowners in the state.

Sponsoring Bills to Protect Against HOAs

In an upcoming session beginning January 9, Representative Kristen Arrington (D-Kissimmee) will sponsor bills protecting and promoting homeowners’ rights. Her district includes Poinciana, an area entirely run by homeowners associations. Arrington’s docket has two main bills. They contain portions of previously proposed bills that made it to the committee level in past sessions.

Arrington says she’s sponsoring bills like these again because they have support from leadership and the Speaker of the House. House Bill 59 is also accompanied by Senate Bill 50 filed by Senator Linda Stewart, D-Orlando.

It will require HOAs to distribute the rules and covenants to new and existing members. Moreover, it extends that to posting them on a website and emailing them to residents. This is to ensure that residents know what their rights and obligations are. It will also keep residents updated on changes to the covenants and rules.

Limiting HOA Penalties

Arrington is also sponsoring House Bill 431. This prohibits homeowners associations from imposing fines over $500, half of the current $1,000 cap. Arrington has the support of Victor Torres, Osceola County’s state Senator, who sponsored an accompanying legislation, SB 826.

According to Torres, she files bills related to reforming HOAs every Legislative Session. These bills protect residents from overzealous HOA penalties and fines. This year, she is honored to work with Arrington to reduce the fines.

On the other hand, while the bill will limit HOA fines, Arrington says that fines cannot disappear completely as they “put teeth into the enforcement power.” They still want to preserve property values. However, they have heard stories during COVID-19 of people receiving $1,000 fines when it was hard for them to know where to get their next paycheck. Residents were worried.

The penalty cap will prevent HOAs from running like a business. If passed, the bills Arrington and Torres are sponsoring would take effect on July 1, 2024. In 2023, a bill was passed preventing HOAs from placing liens for unpaid fines.