• As of 2018, Florida with 48,250 community associations, has the highest amount of community associations in the United States. (available at https://ipropertymanagement.com/research/hoa-statistics). Nearly 1,000 people move to Florida each and every day. The migration comes from all over the United States from the north, northeast, midwest, and the west coast. Many new Floridians are retirees and many are young working age families. (available at https://www.dmvflorida.org/moving-to-florida.) The majority of the people living in (and moving to) Florida are residing in a community association.

• The ultimate goal in community associations is to ensure uniform, fairness and equality for all. However, some lobbying groups (including attorneys representing associations) operate to the detriment of the unit or parcel owners in community associations. And, as our Governor Ron DeSantis states: “We are all supposed to be equal before the law, but we have a separate and distinct ruling class, and that is wrong. (https://www.brainyquote.com/quotes/ron_desantis_767115) Floridians in community associations entrust their government to hear and respond to their cries, enact laws on community association governance ensuring uniform, fair and equal treatment, and vote accordingly. In so doing, we rely on:

• DBPR. The Department of Business and Professional Regulation is the agency charged with licensing and regulating businesses and professionals in the State of Florida. The mission of the DBPR is to license efficiently and regulate fairly. and we strive to meet this goal in our day-to-day operation. The DBPR is structured according to the requirements of Section 20.165, F.S. (available at http://myfloridalicense.custhelp.com)

• Ombudsman. The current Florida ombudsman is Spencer Henning. The mission of the Office of the Condominium Ombudsman is to improve the quality of life for Florida condominium owners through prompt, professional, and courteous service as a neutral, informative and accessible resource. (available at https://www.flgov.com/?s=condo+Ombudsman&x=0&y=0 )

• Condominiums. Chapter 718, F.S. “The Condominium Act”, is a chapter of law that governs condominiums in the State of Florida. The Condominium Act should be read in conjunction with Chapters 61B-15 through 25, 45 and 50, Florida Administrative Code. The administrative rules are promulgated by the Division of Florida Condominiums, Timeshares, and Mobile Homes to interpret, enforce, and implement Chapter 718, Florida Statutes. (available at http://www.myfloridalicense.com/dbpr/lsc/documents/statutes/Ch718Printed.pdf)

• Cooperatives. Chapter 719, F.S. “The Cooperative Act”, is a chapter of law that governs cooperatives in the State of Florida. The Cooperative Act should be read in conjunction with Chapters 61B-75 through 79, Florida Administrative Code. These administrative rules are promulgated by the Division of Florida Condominiums,

Community associations in Florida must be fair, have consistent rules

and ensure transparency to its members.

How can we make that happen?
 

The vagueness in Chapter 720.306 F.S. (HOAs) election procedures needs to be clarified:

The use of an HOA’s nominating committees” – may disenfranchises possible candidates, so that only party-line candidates will be on the ballot mailed out to the membership. This promotes rigging of elections and circumvents the provision that "a member may nominate himself or herself as a candidate for the board at a meeting where the election is to be held." (s. 720.306.(9).
 

Analysis: s. 720.306 F.S. should be amended to comply with 718.111(2)(d), F.S. which has complete eligibility clauses (i.e., that prevent convicted murderers from serving as board president. )
 

There is no necessity to reinvent the “wheel” because Chapter F.S., 718.111(2)(d) has proven language, specific rules and regulations and case law back up these election provisions.

( BILL PROPOSAL )

Moreover, associations should not be allowed to opt out of the statutory election process because it assists a sitting board to keep incumbents in office and allows the board to make changes in election process by voting to change bylaws.

Amend Chapter 720, F.S. so the use of “liens” masquerading as “fines” (designed to disengage potential candidates for the board ) is addressed.
 

It appears that many HOA boards institute fines against members a few months prior to election, in the amounts of $1,000 or more (with fines ) decided by the fining committee. However, many boards use these fines as a way to lien properties to disengage potential candidates forcing a potential candidate either have to pay a fine (which they might not even owe) or not allow their candidacy to proceed.

At present, 720.305, F.S. allows that an “association may levy reasonable fines. … [and that a] fine may be levied by the board for each day of a continuing violation, with a single notice and opportunity for hearing, except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel. …[and] (b) A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days’ notice to the parcel owner and, if applicable, any occupant, licensee, or invitee of the parcel owner, sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members … If a member is more than 90 days delinquent in paying any fee, fine, or other monetary obligation due to the association, the association may suspend the rights of the member, or the member’s tenant, guest, or invitee, to use common areas and facilities until the fee, fine, or other monetary obligation is paid in full. This subsection does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection. …(4) An association may suspend the voting rights of a parcel or member for the nonpayment of any fee, fine, or other monetary obligation due to the association that is more than 90 days delinquent. A voting interest or consent right allocated to a parcel or member which has been suspended by the association shall be subtracted from the total number of voting interests in the association, which shall be reduced by the number of suspended voting interests when calculating the total percentage or number of all voting interests available to take or approve any action, and the suspended voting interests shall not be considered for any purpose, including, but not limited to, the percentage or number of voting interests necessary to constitute a quorum, the percentage or number of voting interests required to conduct an election, or the percentage or number of voting interests required to approve an action under this chapter or pursuant to the governing documents. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection. The suspension ends upon full payment of all obligations currently due or overdue to the association.

Analysis: Fines should not be liens and F.S. 720 should be consistent with F.S. 718 so that a fine may not become a lien against a unit.

F.S. 718.303(3), which governs condominium associations sets forth that: The association may levy reasonable fines for the failure of the owner of the unit or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. A fine may not become a lien against a unit.

F.S. 720.305(2) which governs homeowners associations sets forth in relevant part that: The association may levy reasonable fines of up to $100 per violation against any member or any member’s tenant, guest, or invitee for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. A fine may be levied for each day of a continuing violation, with a single notice and opportunity for hearing, except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel

( BILL PROPOSAL )
 
EDUCATION FOR BOARD MEMBERS ON THE ROLES THEY PLAY AS BOARD MEMBERS

IS NOT AN OPTION
EDUCATION IS A NECESSITY:
Mandatory Education for Board Members

( BILL PROPOSAL )
 

Allowing new board members to simply sign an “affidavit” stating that they are aware of the duties and responsibilities imposed on them, defeats the purpose of education.

However, simply signing an affidavit with no education is a recipe for disaster and may create financial difficulties by boards who fail to recognize their responsibilities, leaving CAMs (who are not authorized to advise on legal matters) and attorneys for the association to instruct on the relevant provisions (usually to the benefit of what the board wants). This is dangerous – more than 50% of the population in Florida are mandated to be in HOAs or COAs, and an uneducated board may cause financial difficulties and special assessments and may well bankrupt the association! All Board members should be required to take a Board Member Certification Course approved by the DBPR.  There are many.  They are free and they are on-line.  There is no excuse for failing to be educated.

EXPAND THE ANTI-SCAM PILOT PROGRAM

(SEE: The Pilot Program "How To Catch A Thief")

The “Fraud Task Force” pilot program introduced by Julio Robiana, addresses and identifies alleged misuse of funds by Boards of Directors and Community Association Managers and we need to be have this program expanded throughout Florida.
 

Governor DeSantis has recognized that “[s]tate and local law enforcement are the primary protectors of the health, safety, and welfare of the people in the individual states.” (available at https://www.brainyquote.com/quotes/ron_desantis_767115)
 

This will allow members of the Florida Department of Law Enforcement (FDLE)) as well as representatives from the Department of Business and Professional Regulation (DBPR) and the Office of the Condominium Ombudsman (OCO) to work together ensuring that any complaints by affected unit owners can be dealt with in an efficient, fair and impartial manner.

POLITICAL SIGNS

( BILL PROPOSAL )

At present, almost all condominium and homeowner associations limit the display of signs, including “political signs.”

And, while the First Amendment protects “free speech” the reality is that owners are discovering (to their dismay) that displaying signs on their property is not allowed due to the rules and regulations contained in the association governing documents.

These “limitations” imposed by an association limits the protections afforded under the First Amendment for owners and needs to be resolved. Owners in condos and HOAs should be allowed to display their support for the political candidate of their choice in a respectful manner.

Expand DBPR Ombudsman Duties

We need an expansion of the duties accorded to Ombudsman to make the changes necessary – including subpoena powers for records and other materials from associations -- designed to protect owners (whose home is usually their biggest investment) to provide Florida investors and owners a greater level of comfort to ensure in the industry. By so doing, this regulatory oversight will increase confidence in business with the public, for professional training, testing and licensing. Moreover, there needs to be greater delegation and responsibilities allotted to the Ombudsman.