HOA reforms may return to Tallahassee

Most Sarasotans live under homeowner association rules, but often that means giving up rights.

By Rhatia Murphy

Original Air Date: August 5, 2026

Host: Florida lawmakers say another round of homeowner association reforms could be coming next legislative session. That, after the legislature failed to pass a bipartisan bill designed to rein in HOA abuse. Sarasota residents packed a town hall Monday night to describe problems ranging from costly lawsuits to disputes over community rules. Among the proposals: a new court program designed specifically for HOA disputes. WSLR’s Rhatia Murphy reports.

Rhatia Murphy: If you are in Florida, there’s a good chance an HOA helps govern the place where you live. More than 9.5 million Floridians live in HOA or condominium communities. And here in Sarasota County, where deed-restricted neighborhoods and master-planned communities are especially common, it’s estimated that well over half of residents live under HOA rules. This week, homeowners packed a Sarasota town hall, saying the system is too expensive, too confusing and too difficult to fight. Now, state lawmakers say another round of HOA reforms could be coming to Tallahassee.

Residents lined up one by one to describe what they called a system that often leaves homeowners with few affordable options when disputes arise.

Elizabeth Cuevas-Neunder, who organized the town hall, told the audience about one homeowner she says was hit with mounting fees after a dispute with his HOA.

Elizabeth Cuevas-Neunder

Elizabeth Cuevas-Neunder: They charged $1,000 from a poor little old man and put it on his statements to collect, and then they charged 18% interest plus late charges.

RM: Carlos Porras, a state representative from Miami, told the crowd that’s exactly the kind of problem lawmakers are trying to address.

Florida House Representative Carlos Porras

Carlos Porras: If that’s not incorporated into the bylaws or the governing documents of that homeowners association, the precedent in the courts maintains that they don’t need to follow the state law. There was a proposal in the House this last session that passed the House, but its counterpart did not pass the Senate.

RM: One proposal in House Bill 983 would have created a statewide HOA court program staffed by judges to handle homeowner disputes. It also would have eliminated mandatory mediation, which some residents argued can become expensive and drawn out. The bill passed the Florida House but did not advance in the Senate. 

Another issue lawmakers hope to revisit involves what’s known as Kaufman language—a legal doctrine that can allow some homeowners associations to argue they are not automatically required to follow changes made by Florida law unless those changes are incorporated into their governing documents. 

Sarasota Rep. James Buchanan suggested that should be required.

 James Buchanan: If that’s not incorporated into the bylaws or the governing documents of that homeowners’ association, the precedent in the courts maintains that they don’t need to follow the state law.

Buchanan

RM: Residents also urged lawmakers to require stronger disclosures before people purchase homes in HOA communities, including financial records, governing documents and recent meeting minutes, so buyers have a clearer picture before signing a contract. Buchanan says that’s another idea lawmakers plan to pursue. 

Elizabeth Cuevas-Neunder says the discussion began with a proposal for Sarasota but quickly grew into something lawmakers believe could work statewide.

ECN: I proposed a pilot program for Sarasota, and I sent it to the legislators, and then we did the town hall, and then I found out that it’s so good that they want it all over the state.

RM: Lawmakers say they expect to file another comprehensive HOA reform package during the next legislative session. In addition to revisiting Kaufman language, they’re expected to renew efforts to create a specialized dispute resolution system and strengthen consumer protections for homeowners.

For WSLR News, I’m Rhatia Murphy.

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