HB 657 Would Let Owners Dissolve Their HOA and Drop Presuit Mediation: What Boards and Counsel Should Know

A bill filed for Florida’s 2026 legislative session would give homeowners a statutory path to dissolve their homeowners association and would rework how community association disputes are resolved. House Bill 657, filed December 4, 2025, by Rep. Porras, would create the “Homeowners’ Association Dissolution and Accountability Act,” remove presuit mediation requirements, and authorize circuit courts to create community association court programs ¹²³. On December 16, 2025, the bill was referred to four House committees, starting with the Housing, Agriculture and Tourism Subcommittee ².

The dissolution process

As filed, the bill would create section 720.319, Florida Statutes ³. The process would start with a petition for a plan of termination signed by at least 20% of the association’s voting members, after which the board would have 60 days to hold a members’ meeting ³. If the board fails to call the meeting, any member could ask a court to compel compliance ³. A plan would need approval from at least two-thirds of the total voting interests, and no voting interest could be suspended for the termination vote ³. If members reject a plan, another could not be considered for 18 months ³.

An approved plan would go to the community association court program, or another court, for review of its procedural sufficiency ³. The board would continue to wind up the association’s affairs, pay debts and distribute remaining assets ³. Officers or directors who fail to call a required meeting, spend association funds campaigning on the plan, or conceal relevant records could face civil penalties of up to $5,000 per violation, removal from office and personal liability for the petitioners’ legal fees ³.

Rep. Porras told News4JAX the goal is to shift power back to homeowners, while a real estate broker interviewed for the story said a 20% petition threshold seemed too low ¹.

Presuit mediation and a new court program

For mediators and association counsel, the dispute resolution changes may matter more day to day. Under current law, section 720.311 requires a written demand for presuit mediation before an association and an owner litigate covenant enforcement disputes, disputes over changes to a parcel or common areas, amendments to governing documents, board and committee meetings, membership meetings other than elections, and official records access ⁴. Collection of assessments and fines is excluded ⁴.

HB 657, as filed, would remove those presuit mediation requirements from section 720.311 and from the condominium statute, section 718.1255 ³. For condominiums, a party would have to petition the Division for nonbinding arbitration or request referral to mediation before going to court ³. HOA arbitrations would be conducted by a Department arbitrator or a private arbitrator certified by the Department ³.

The bill would also create section 720.32, encouraging each judicial circuit to establish a community association court program with jurisdiction over disputes arising under Chapters 718, 719 and 720 ³. Those programs could enforce owners’ statutory rights, impose civil penalties, issue injunctions and award fees ³. As filed, the bill would also require HOAs formed after July 1, 2026, to state in their governing documents that they are governed by the Florida Condominium Act, and require existing HOAs to vote on that amendment by January 1, 2027 ³. The effective date would be July 1, 2026 ³.

What to watch

As of December 9, News4JAX reported no Senate companion bill ¹. Filed bills often change substantially in committee, and many never become law. Until the Legislature acts, current section 720.311 still governs, and a party that skips a required presuit mediation demand risks procedural problems in court ⁴.

For now, boards and owners in a covenant, architectural or records dispute should continue to follow the existing demand and mediator selection process ⁴. Associations may also want to brief their boards on the bill, because its termination provisions would carry personal exposure for officers and directors if enacted as filed ³.

Tony Roca mediates HOA and condominium disputes, including the presuit mediation required for many HOA disputes under section 720.311, Florida Statutes. Counsel, managers and owners can check his live availability and book a mediation online.