Florida Lawmaker seeks to bring more transparency and accountability to HOAs

TALLAHASSEE, Fla. — A South Florida lawmaker is proposing a new plan to increase 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."

Porras has introduced HB 983, which includes several key provisions designed to hold HOAs more accountable:

• Easier processes for recalling HOA board members.
• The ability for homeowners to recover legal fees if they win lawsuits against their HOA.
• A requirement for HOAs to provide documents and records before homebuyers close on a property.
• And, a significant change: Local law enforcement could investigate, audit, and inspect HOAs, instead of relying solely on state agencies.

“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 goals are 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.