In recent 2025 Florida Legislative Session news, Florida State Senator Danny Burgess has proposed an important initiative to improve the state's governance and oversight of homeowners’ associations (HOAs). This proposal, encapsulated in Senate Bill 120, seeks to establish the Office of the Homeowners' Association Ombudsman within the Division of Florida Condominiums, Timeshares, and Mobile Homes. This office would serve as a vital resource for residents and stakeholders in homeowners associations.

What is the Homeowners Association Ombudsman?

The proposed Homeowners Association Ombudsman will be crucial in addressing the complexities and challenges residents living under HOAs face. By creating this office, the Florida legislature intends to provide residents with a better way to navigate disputes, seek advice, and ensure that their rights are upheld within the framework of their associations.

The bill outlines that the Governor will appoint the ombudsman, an attorney qualified to practice before the Florida Supreme Court. This legal background is critical, as it ensures that the ombudsman has the necessary expertise to handle the intricacies of HOA governance and resolve conflicts effectively.

The office will be funded through the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund, allowing it to operate without straining local resources. The ombudsman will enjoy various powers and responsibilities, including accessing division records, employing staff, and making recommendations to enhance the state's regulation of HOAs.

Key Features of the Bill

1. Appointment and Qualifications: The bill mandates that the ombudsman be an attorney and serve at the pleasure of the Governor. This position will ensure a level of accountability and alignment with state governance.

2. Restrictions on Office Holders: To prevent conflicts of interest, the bill prohibits the ombudsman and their staff from engaging in certain political activities or holding outside positions that may conflict with their role.

3. Election Monitoring: One significant aspect of the proposed office is the administration of election monitoring processes for HOAs, which can often be fraught with disputes and allegations of unfair practices. In the 2024 Florida Legislative Session, HB 1203 was passed to address some of these concerns following arrests and prosecution of unscrupulous HOA board members in the state.

4. Rulemaking Authority: The ombudsman will have the authority to create rules governing the administration of election monitoring and other HOA-related procedures, enhancing oversight and transparency.

About Senator Danny Burgess

Sponsoring this significant legislation is Florida State Senator Danny Burgess, a Republican representing parts of Pasco and Hillsborough Counties. Since his election in 2020 to District 20, he has demonstrated a commitment to addressing the needs of his constituents. With a strong background in law—holding a B.A. in Political Science and a J.D. from Barry University School of Law—Burgess has been a proactive legislator, chairing critical committees such as the Appropriations Committee on Pre-K-12 Education and the Senate Judiciary Committee.

Burgess's political journey began at a young age, and he has served in various capacities, including as mayor of Zephyrhills and as Executive Director of the Florida Department of Veterans’ Affairs. This vast experience has equipped him with insights into governance and the needs of Floridians, making him a fitting advocate for the Homeowners Association Ombudsman’s office.

As a Major in the U.S. Army Reserve, he balances his military commitments with his legislative responsibilities, embodying a strong sense of duty both to his country and his constituents. Outside of politics, he values family time, engaging with his wife Courtney and their three children while remaining actively involved in his community.

The Impact of the Ombudsman Office

Establishing the Homeowners Association Ombudsman could lead to several positive outcomes for Florida's residents. Offering a dedicated resource for HOA-related issues can help streamline processes, reduce conflicts, and enhance the overall quality of life for those living in communities governed by HOAs. There are numerous pressing issues involving HOAs that have warranted legislation in recent years including HB 59: Provision of Homeowners Association Rules and Covenants, HB 293: Hurricane Protections for HOAs, HB 1203: Homeowners Associations, and  Senate Bill 4-D (SB 4-D) and Senate Bill 154 (SB 154) that passed in 2022 and 2023 respectively that require New Structural Integrity Reserve Study (SIRS) Requirements after the Surfside Condominium catastrophic collapse in 2021. Thus, with all the new legal requirements, having an arbitrator at the state level between the HOAs and homeowner association members would be a positive step.

This initiative reflects Florida’s ongoing efforts to adapt its legislative framework to meet the evolving needs of its residents, ensuring that they have the support and resources necessary to navigate their living situations effectively.

As SB 120 progresses through the legislative process, it will be interesting to see how it is received and the eventual impact it may have on homeowners associations throughout the state. By fostering greater oversight and accountability within HOAs, this bill represents a significant step forward in protecting residents' rights and promoting fair governance in Florida’s communities.