A second House panel has advanced a measure that seeks to put more protections in place for property owners who are part of homeowners associations (HOAs).
Miami Republican Rep. Juan Porras presented the legislation (HB 983) to the Housing, Agriculture and Tourism Subcommittee. He said the bill would implement measures that would enhance the transparency, accountability and fairness in the operation of HOAs.
“The most American bill in this committee, tackling one of the most unbureaucratic and unrepresented parts of government, and that is homeowners associations,” Porras said.
“As you all know, I am that homeowner’s association guy. I’ve filed legislation every single year. I represent some of the largest homeowners associations in our state. And I can tell you firsthand the level of corruption and malfeasance that these groups have had.”
Porras explained that the bill attaches the much needed “teeth” to some laws that have been passed in prior years.
“It allows for local law enforcement agencies, including our Sheriffs, to investigate, inspect and audit into these homeowners associations,” Porras said.
“For those of you who weren’t aware, in the past, they have not had the ability to come into these associations. They can only investigate for certain crimes such as wire fraud, and check fraud. But they have not had all the tools to their advantage, which is why some of these groups have left unchecked for so many years.”
The bill also has disclosure requirements for Realtors, to ensure they are allowing for all documents to be shared with potential buyers before they go into closing. It further amends existing law to ensure that homeowners have more opportunity to get rid of their boards if they so choose.
One amendment was adopted, which Porras explained would align the legislation with the existing condo statutes.
“This amendment prohibits the use of nominating committees in homeowners associations. It aligns the statute with the condominium statutes. Also in many cases, these nominating committees have barred people from running for the homeowner associations boards,” Porras said. “We want to ensure if someone is willing to be in charge of their association, that there’s nothing that will limit them.”
Boca Raton Republican Rep. Peggy Gossett-Seidman , the committee Vice Chair, thanked Porras for bringing the bill forward.
“I’d like to say thank you on behalf of my district, which is replete with HOAs. Some of them are tuning in today to see this bill pass through, hopefully, and so from Boca, the whole shoutout is thank you. This will resolve a lot of ongoing issues there,” Gossett-Seidman said.
Miami Republican Rep. Vicki Lopez also took the opportunity to thank Porras for the legislation.
“This is your third year fighting on behalf of the rights of homeowners, against what we now see is an incredibly corrupt system in many cases, and so I’m so proud to support you as you continue to lead the charge in the House for our homeowners that are involved in HOAs,” Lopez said.
During his close, Porras expanded on the feedback he has gotten on this issue.
“I get a lot of calls and a lot of emails in my office primarily about this same issue, and I’d love to say it’s in Miami, but it’s absolutely not. Just as Vice Chair Gossett-Seidman said, there are homeowner associations across our state. Millions of people live in these associations with little to no recourse, and with absolutely no oversight.
Porras said that for many years, homeowners have had no one standing up for them, and encouraged any of those people having issues to reach out.
“For the history of our state’s existence, we have had regulations for all sorts of areas, for condominiums, for mobile homes. But the grand majority of people that live in these homeowners associations have had nowhere to turn to, nobody to talk to,” Porras said.
“That’s why my office and I, obviously having some of the largest ones in the state, we address these issues, but we also act as that network for everyone else. So, if any of you ever have any issues with these homeowner associations, I may not be an attorney, but I play a pretty good one on TV.”
The bill has one last committee stop at the House Judiciary Committee.
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