HB 657 was introduced in the Florida Legislature on December 4, 2025, and if passed, could bring major changes to Homeowner Association’s (HOA’s) across the state. HOA’s are subject to state statutory requirements and are self-governed by community members. Florida has the most HOA’s in the country, with almost half of Floridians living in a neighborhood that is governed by an HOA. HOA’s are often criticized for strict rules and sometimes mismanagement but are also praised for enhancing property values and maintaining high community standards.
Removal of Pre-Suit Requirements
Under current law, when a homeowner and an HOA are engaging in a dispute, they are often required to complete pre-suit mediation to attempt to resolve the dispute. HB 657 proposes removing the pre-suit mediation requirement, which could expedite lawsuits against HOAs.
Creation of Community Association Court Programs
HB 657 also creates “community association court programs” in each judicial circuit to address disputes that arise between community associations and members of such community associations. A circuit court may create and administer this program, while chief judges are tasked with designating at least one judge to preside over the program. The program allows the designated judge(s) to have power over disputes related to termination or enforcement of programs under Chapter 17, the Condominium Act, Chapter 719, the Cooperative Act, and Chapter 720, the Homeowners’ Association Act.
HOA Members could Petition to Dissolve their HOA
Arguably the biggest change HB 657 proposes is giving HOA members the power to dissolve their HOA. The Florida Legislature reasoned that if the HOA no longer serves the homeowners or community’s interests, then public policy supports providing homeowners with a clear legal path to dissolve the HOA. Further, HB 657 aligns with Florida’s longstanding protection of private property rights by protecting against HOAs that impair productive uses of properties, preserving property values and local property tax bases, and protecting homestead property rights.
If a homeowner wants to terminate an HOA, they must be a member of the HOA and provide the Board of Administration (“Board”) a petition for a “plan of termination” that is signed by at least 20% of the voting members of the HOA. The Board has 60 days after the receipt of the petition to hold a meeting of the members. Further, the Board must provide members notice of the meeting that includes key information such as where the meeting will occur, a copy of the proposed plan of dissolution, and an explanation of how common areas and assets will be managed and transferred. The plan of termination must then be approved by at least two-thirds of the total voting interests of the HOA. However, HB 657 protects HOAs from repetitive or frivolous attempts to dissolve the HOA. For instance, if the vote fails, another plan of termination cannot be considered for at least 18 months after the date of rejection.
If the plan of termination is approved, the Board must submit the plan to a community association court program in the judicial circuit where the HOA is located, or if that program does not yet exist, a court of competent jurisdiction. Courts are required to authorize the plan of termination if the plan meets all the procedural requirements. After the plan of termination is authorized, it must be recorded in the county where the HOA is located, and the title to the HOA vests in a termination trustee. By default, the Board serves as trustee, unless another person is appointed as the trustee in the plan of termination. After the plan of termination is approved, the Board still has the power to conclude the HOA’s affairs. Assets remaining after payment of all debts are equally distributed amongst members or as otherwise set out in the plan of termination.
HB 657 also provides homeowners with an alternative pathway to dissolve the HOA if the Board is not complying with the statutory requirements. For example, if the HOA fails to hold a meeting after receiving the plan of termination, an HOA member may file a petition with the community association court program or a court of competent jurisdiction. The Court will then verify that all procedural and statutory voting requirements were met and then order the Department of State to dissolve the HOA and appoint a receiver to manage distribution of assets and resolution of liabilities.
If passed, HB 657 could drastically change the landscape of Florida HOA law. HB 657 could ease the burdens of litigating against HOA’s with the elimination of pre-suit mediation requirements and the establishment of community association court programs. Further, providing HOA members with a path to dissolve HOA’s entirely could change not only HOA law, but drastically impact real property ownership across the state. If passed, HB 657 could go into effect as early as July 1, 2026.
About the Author
Rachel Lane is a Legal Intern at Woodward, Pires & Lombardo, P.A. in Naples, Florida and a 3L at Wake Forest Law School. She serves as Project Coordinator for the Volunteer Income Tax Assistance (VITA) Project and as an Online Editor for the Journal of Law and Policy. Prior to law school, Rachel earned a Bachelor of Science in Criminology and Criminal Justice, with minors in Law and Business, from the University of Tampa.