{"id":7535,"date":"2026-06-14T00:36:55","date_gmt":"2026-06-14T04:36:55","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=7535"},"modified":"2026-06-14T00:36:57","modified_gmt":"2026-06-14T04:36:57","slug":"is-it-time-to-do-away-with-homeowners-associations-hoas","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/is-it-time-to-do-away-with-homeowners-associations-hoas\/","title":{"rendered":"Is It Time to Do Away With Homeowners\u2019 Associations (HOAs)?"},"content":{"rendered":"\n
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Homeowners’ associations (HOAs) are made up of a few busybodies trying to have control over everyone else. So says Representative Juan Carlos Porras of Miami, who calls the HOA model a failed experiment.<\/p>\n\n\n\n

It’s a view that resonates with many people who have deeds to condo units and deal with daily life under a condo board<\/a>.<\/p>\n\n\n\n\n\n\n\n

What\u2019s Going On at the Typical HOA?<\/h2>\n\n\n\n

Their official name is common interest communities. But most everyone calls them HOAs\u2014short for homeowner associations.<\/p>\n\n\n\n

Many are multi-unit condo properties. Some are planned developments of houses, run by a private group, funded by dues from all deed holders in the neighborhood. This covers the costs of upkeep, amenities such as pools and meeting rooms, landscaping, waste services, snow removal, outdoor lighting, and so forth.<\/p>\n\n\n\n

About a third of all homes across the country exist within these community associations.<\/p>\n\n\n\n

Guidelines for daily life can be quite picky. You\u2019ll find these in the association\u2019s Covenants, Conditions & Restrictions (CC&Rs). They are filed with deeds at the county recorder of deeds\u2019 office. Typically, they set rules for unit owners and homeowners. Owners have to agree to rules on nuisances, smoking, parking, outdoor d\u00e9cor, gardening and painting, guest visits, holiday decorations, pets, and caps on the number of investor-owners. Meanwhile, are the rules that board members have to follow quite so firm?<\/p>\n\n\n\n

What\u2019s Going On in Florida\u2014The HOA State?<\/h2>\n\n\n\n
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Florida has a larger ratio of homeowner association properties than any other state. Around half of Florida homes are HOA units. One lawmaker has argued that their time is over.<\/p>\n\n\n\n

That\u2019s Representative Juan Carlos Porras of Miami. Porras questions whether HOAs should exist anymore.<\/p>\n\n\n\n

Millions of Floridians have a stake in the outcome of such an argument. And the big question is what these properties would become if HOAs no longer existed under a state\u2019s law.<\/p>\n\n\n\n

So, is putting an outright end to HOAs more trouble than it\u2019s worth? Could Florida law just need a tuneup, to help boards and managers run these properties better?<\/p>\n\n\n\n

In Florida, there\u2019s a state condo law, and it changes from time to time to address certain problems that arise in the operation of these private associations.<\/p>\n\n\n\n

What\u2019s the Problem With HOA Governance?<\/h2>\n\n\n\n

Do homeowner and condo associations in Florida actually attend to their duties under the state condo law? Or do they resist what lawmakers try to do?<\/p>\n\n\n\n

Much depends on whether an association bylaws have what lawyers call \u201cKaufman language<\/a>.\u201d That\u2019s a provision that states that the association\u2019s bylaws will be amended to comport with changes in state law.<\/p>\n\n\n\n

No Kaufman language? Then there\u2019s likely a good deal of operating space for misbehaving board members who don\u2019t wish to be held accountable. Make no mistake, accountability is an ongoing issue. In recent years, several cases of major corruption have arisen at Florida HOAs:<\/p>\n\n\n\n