Community Magazine March 2026 | Page 14

Changing Priorities

legislative lens

2026 Legislative Session:

Changing Priorities

Matt Kuisle, Delegate and Reserve Specialist Phone: 800 / 980-9881 Email: matt @ reserveadvisors. com
By the time you are reading this, Florida’ s 2026 legislative session will be in the final stages, slated to end March 13. However, as of press time, the session has just started with CAI’ s Florida legislative Alliance is tracking dozens of bills that could impact community associations in our state. For this edition of the legislative lens, we wanted to share an in-depth analysis of one of the more controversial bills filed for the session, House Bill 657( 2026) Community Associations; Homeowners’ Association Dissolution and Accountability Act. The following bill analysis was written by one of our esteemed delegates, Thomas r. Slaten, Jr., Attorney at law with larsen Slaten, PllC out of orlando.
overview House Bill 657( 2026) proposes sweeping changes to Florida’ s community association laws under Chapters 718 and 720, Florida Statutes. The bill eliminates presuit mediation, mandates that all HoAs adopt condominium-style governance, creates a new“ Community Association Court Program,” and authorizes termination of homeowners’ associations by member vote and court approval. While the stated intent is to increase accountability and simplify HoA dissolution, the bill presents substantial legal, constitutional, and fiscal issues for associations, homeowners, and local governments.
Key Provisions 1. elimination of Presuit Mediation( lines 95 – 128, 305 – 330): removes the requirement for presuit mediation in HoA and condominium disputes, routing all conflicts to arbitration or litigation.
2. Condominium governance requirement( lines 211 – 226): Mandates that all HoAs include language stating they are governed by the Florida Condominium Act, creating overlap and conflict between Chapters 718 and 720. 3. Termination of Associations( lines 601 – 654): Allows HoA termination by a two-thirds vote, subject to court approval, with assets distributed and titles vested in a“ termination trustee.” 4. Creation of Community Association Court Program( lines 737 – 788): establishes a specialized circuit court program empowered to dissolve associations, impose penalties, and enforce statutory compliance.
January 20, 2026 Amendments 1. Amendment 614975: requires clerks of court to mark HoA governing documents as“ dissolved” upon receipt of corporate articles of dissolution under Chapter 617. Concerns: This conflates dissolution of the corporate entity with termination of recorded covenants and restrictions. effectively bypasses contractual termination requirements in declarations, alters the established priority of governing documents( where declarations often prevail), and raises constitutional concerns related to impairment of contracts. 2. Amendment 470549: required“ Kaufman” language: All HoAs formed after 7 / 1 / 2026 must include in their governing documents that the HoA is governed by Chapter 720“ as amended from time to time.” Also mandates that all existing HoAs hold must hold a membership meeting by 1 / 1 / 2027 to try to obtain the approval of a majority of the membership to add this phrase to the existing documents. Concerns: requiring all existing
14 community • March 2026 WWW. CAIWeSTFlorIDA. org