A Florida senator is championing legislation aimed at outlawing "forever fees" charged by developers for community amenities. These fees, often imposed on homeowners for access to pools, clubhouses, and other facilities, have been deemed illegal by state courts. The proposed bill seeks to codify these rulings into law, providing homeowners with stronger legal recourse against developers who continue to profit from these perpetual charges.
Key Takeaways
- A Florida senator is proposing a bill to ban "forever fees" for community amenities.
- These fees are charged by developers for amenities like pools and clubhouses.
- A 2023 court ruling found these fees illegal, ordering a developer to repay $63 million.
- The bill aims to prevent developers from imposing mandatory membership fees beyond the cost of services.
- The bill’s passage is uncertain as the legislative session nears its midpoint.
The Issue of "Forever Fees"
Developers across Florida have been accused of illegally charging homeowners "forever fees" for amenities. These fees, which have no expiration date, are seen as pure profit for the developers. A landmark class action lawsuit in Central Florida against Avatar Properties resulted in a ruling that the company illegally charged homeowners for using their neighborhood pool and clubhouse. The court ordered Avatar to repay $63 million collected over two decades.
Legislative Action
State Senator Jennifer Bradley, R-Fleming Island, is sponsoring a bill that would codify the court’s ruling into state law. This legislation aims to make it easier for homeowners to sue developers who continue this practice. Bradley stated that charging these fees is "contrary to public policy and our existing homeowners statute." The bill would clarify that developers cannot impose mandatory membership fees that exceed the actual cost of amenities and services provided. It would also allow homeowners to recover attorney fees in successful legal challenges.
Homeowner Support and Developer Opposition
Homeowners in communities like Solivita, who were part of the successful lawsuit against Avatar, support the proposed legislation. They believe it will strengthen enforcement of existing rulings. Developers, however, have previously attempted to counter such rulings. In 2024 and 2025, legislation supported by developers like Lennar Homes sought to overturn the court’s decision and create exceptions to the Homeowners Association Act, allowing for perpetual amenity fees. Senator Bradley played a role in preventing that legislation from passing.
Uncertain Future
The fate of Senator Bradley’s bill remains uncertain as the Florida Legislature approaches the halfway point of its 2026 session. While the bill received unanimous approval in its first committee hearing, it has not yet been scheduled for further hearings. Additionally, there is no sponsor carrying the bill in the House of Representatives. Senator Jim Boyd, a cosponsor, emphasized the need for House allies to ensure the bill’s passage. Meanwhile, Avatar Properties is reportedly still fighting the court order to pay attorney fees and continues to collect revenue from advertising and event ticket sales, which residents argue should only offset expenses.