Florida Lawmaker Targets ‘Forever Fees’ in Community Developments

A Florida senator is pushing legislation aimed at eliminating controversial “forever fees” charged by developers for community amenities. This initiative comes in response to a landmark court ruling in 2023, which found that developers have been unlawfully profiting from homeowners by imposing fees for access to shared facilities such as pools and clubhouses.

Senator Jennifer Bradley (R-Fleming Island) is spearheading the bill, which seeks to reinforce existing homeowners’ rights against these fees. The legislation gains significance as the Florida Legislature approaches the midpoint of its 2026 session. Bradley emphasizes that charging these fees violates public policy and existing homeowners’ statutes.

The issue gained attention following a major legal victory for residents of Solivita, a community located in Osceola and Polk counties. A state appeals court ruled that Avatar Properties, the developer of Solivita, unlawfully charged homeowners nearly $63 million over two decades for amenity access. The court ordered Avatar to reimburse homeowners, affirming that community amenities should be accessible without perpetual fees.

Despite this ruling, homeowners across Florida continue to face challenges. In 2023, residents of ChampionsGate, another community developed by Lennar Homes, filed a class action lawsuit against the company for similar practices. Bradley’s proposed legislation aims to incorporate the court’s decision into state law, making it easier for homeowners to pursue legal action against developers who impose such fees.

During recent committee meetings, Bradley highlighted the unfairness of mandatory membership fees that exceed the actual costs of amenities and services. Her bill intends to clarify that developers cannot impose these fees and would enable homeowners to seek legal recourse, including the ability to recover attorney fees.

The opposition to such practices is gaining traction among lawmakers, with Senator Jim Boyd, the Republican Majority Leader, co-sponsoring Bradley’s bill. “This is an issue that is very sensitive to some of my communities,” he stated. However, the bill’s future remains uncertain as it has yet to be scheduled for further discussion.

In previous sessions, developers sought to counteract the court ruling by proposing legislation that would allow them to continue charging these fees indefinitely. Bradley played a crucial role in thwarting these efforts, which were backed by lobbyists from Lennar.

The Community Associations Institute-Florida Legislative Alliance, a homeowners advocacy group, generally opposes fees that do not cover the maintenance and care of community amenities. They assert that fees should serve a legitimate purpose in enhancing community living.

Homeowners at Solivita report ongoing issues with Avatar, which has reportedly paid back approximately 60% of the owed amount. Residents allege the company continues to profit from advertising sales in community newsletters and ticket sales for events, despite a court ruling restricting such revenue.

Gene Foster, a resident of Solivita, expressed frustration over Avatar’s practices, stating that the developer’s handling of fees lacks transparency and ethical considerations. He remarked, “The concept of financial benefit without providing any service or product is quite offensive.”

As the legislative session progresses, the outcome of Bradley’s bill remains to be seen, but its implications could significantly impact the rights of homeowners across Florida.