LEGISLATIVE SESSION 2026

ANALYSIS OF BILL SB 906

HOMEOWNERS' ASSOCIATIONS

GENERAL BILL SB 906 

An Act Relating To Condominium Associations -- introduced by Senator Ileana Garcia

Effective Date July 1, 2026

Homeowners’ Associations; Creating the Office of the Homeowners’ Association Ombudsman within the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation; specifying the powers and duties of the ombudsman; providing the duties of the division relating to the development, construction, sale, lease, ownership, operation, and management of residential parcels and complaints; authorizing the division to issue citations and adopt rules; requiring the division to maintain a toll-free telephone number accessible to parcel owners, etc.

ANALYSIS

We should support this bill.   The bill introduces two new sections to Chapter 720, Florida Statutes which governs mandatory homeowners associations.     Section 720.3024, Florida Statutes promotes the creation of the Office of Homeowner Ombudsman, and Section 720.3025, Florida Statutes dealing with the “authority, responsibility, and duties of Division   of Florida Condominiums, Timeshares, and Mobile Homes.”

The bill, if passed, is effective as of July 1, 2026.

   Section 720.3024, Florida Statutes  Office of Homeowner Ombudsman

The bill creates the Office of the Homeowner Ombudsman for members of mandated community associations governed under Section 720, Florida Statutes.  The bill mirrors the provisions of the existing Office of the Condominium Ombudsman presently enjoyed by to mandatory community association members governed under  Section 718.5012, Florida Statutes.   The aim is to make consistent laws for members in mandatory community associations that will improve the quality of life for members governed under Section 720, Florida Statutes by providing neutral, informative and eessible resources

SECTION 720.3024, FLORIDA STATUTES - OFFICE OF THE HOMEOWNERS’ ASSOCIATION OMBUDSMAN (“OFFICE”).  

The highlights of proposed section 720.3024, Florida Statutes include:

·       For administrative purposes, to maintain an Office located within the Division of Florida Condominiums,  Timeshares, and Mobile Homes (“Division”) of the DBPR (and may open branch offices upon the concurrence of the Governor).

·       The General Appropriations Act will fund the Office.

·       The Governor is responsible to appoint the ombudsman, with the requirement that:

o    The ombudsman is an attorney admitted to practice in Florida,.

o    The ombudsman does not receive  any renumeration or engage in any profession (including political activities)  that would conflict with the work to be performed by the ombudsman office

·       The power and duties of the ombudsmen include:

o   Access to and use of all files and records of the Division;

o   To employ professional and clerical staff as necessary to fulfill its duties ;  

o   To  prepare and issue reports and recommendations to government officials;

o   Acting as a liaison between the department, parcel  owners, boards of directors and other affected parties;    

o   To develop policies and procedures relating to rights and responsibilities as set forth in chapter 720, Florida Statutes, and in governing documents of respective associations.

o    To assist in the preparation and  adoption of educational and reference materials.

o   To coordinate with private or volunteer providers of elections in order to  monitor and review procedures and disputes  concerning association elections or meetings.

o   To recommend  that the division pursue enforcement in alleged election misconduct.  

o   To appoint an election monitor, upon petition of fifteen percent of the total voting interests in a  homeowners’ association, or six parcel owners, whichever is  greater.

o   The  election  monitor must be (a) division employee, or  (b) a   person who specializes in homeowners’ association election monitoring, or (c) an attorney licensed to practice in this state) to attend the annual meeting of the parcel owners and conduct election of directors    

SECTION 720.3025, FLORIDA STATUTES - AUTHORITY, RESPONSIBILITY, AND DUTIES OF DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES.”

The highlights of proposed section 720.3025  Florida Statute outline  the duties and responsibilities of the Division relating to the development, construction, sale, lease, ownership, operation, and management of  residential parcels and complaints: It includes:

o   Complete jurisdiction to investigate complaints and enforce compliance over associations still under developer control; specifying the  jurisdiction of the division to review records and   involving improper turnover or  failure to turn over under s. 720.307. , Florida Statutes. 

o   After turnover  has occurred, the division has jurisdiction to review records  and investigate complaints related to:

o   Procedural aspects and records relating to financial issues, including annual financial reporting on assessments for common expenses, fines, and commingling of reserve and operating funds under of use of debit cards for unintended purposes the annual operating budget and the allocation of reserve funds and any other record necessary to determine the revenues and expenses of the association.

o   Election and voting requirements under ss. 720.303(2) and 720. Florida Statutes , recall of board members under  s. 720.303(10) Florida Statutes, electronic voting under s. 720.317 Florida Statutes, and  elections that occur during an emergency under s. 720.316(1)(a) Florida Statutes.

o   The maintenance of and parcel owner access to  association records under s. 720.303(4) Florida Statutes.  Procedural aspects of meetings, including parcel owner meetings, quorums, voting requirements, proxies, board of  administration meetings, budget meetings, and the right to speak at such meetings under s. 720.303(2) and s. 720.306  Florida Statutes.

o   In addition, the division has jurisdiction of conflicts of interest under s. 720.3033(6), Florida Statutes; and removal of a board member or officer under ss. 720.3033(3) Florida Statutes.

o   Moreover, the division has jurisdiction on insurance requirements for associations governed under s. 720.3033(5) Florida Statutes, including fidelity bonds for those who control or disperse funds of the association, as well as board member education requirements under s.   720.3033(1) Florida Statutes.

o    The division may conduct necessary public or private  investigations within or outside this state to determine whether any person has violated this chapter or any rule or order that requires enforcement.

§  The division may require or authorize any person to  file a statement in writing, under oath or otherwise, relating to the matter being investigated.   

§  In investigation cases, the division director or any employee of the division may be designated to serve subpoenas and to administer oaths

o   If the division has reasonable cause to investigate a violation, a chapter or related rule has occurred, the division may institute enforcement proceedings in its own name against any developer,  association, officer, or member of the board of administration, or its assignees or agents, as follows:

o   The division may permit a person under investigation to waive formal proceedings and enter into a consent proceeding  

o   The division may issue cease and desist orders, including emergency cease and desist orders from pursuing any unlawful conduct and practice.  An emergency cease and desist order is effective for 90 days. If the division begins a non emergency cease and desist proceeding, the emergency cease and desist order remains effective until the conclusion of the proceedings under ss. 120.569 and 120.57 Florida Statutes. 

o   The Division must bring an action against a developer for restitution, declaratory and injunctive action in circuit or county court if the developer fails to pay any restitution within 30 days after expiration of any appellate time period of a final order requiring payment of restitution or the conclusion of any appeal thereof.

o   The Division may petition for receivership or conservatorship to the courts and may impose a civil penalty against a  developer, or an association or its assignee or agent, as well as to officers and board members who knowingly and willing violate this chapter, a rule adopted under this chapter, or a final order of the division.

o   The division, before initiating formal agency under  chapter 120, must provide the officer or board   member an opportunity to voluntarily comply, and an officer or board member who complies within 10 days after notification is  not subject to a civil penalty.

o   A penalty may be imposed on the basis of each day of continuing violation, not exceeding $5,000.

o   The division shall provide guidelines for  penalties applicable to possible violations and re-occurrence of such violation 

o   The division  must issue a subpoena requiring production of requested records if  a parcel owner presents the division with proof that the parcel owner has requested access to official records in  writing by certified mail.    And, that after 10 days the parcel   owner has again made the same request for access to official   records in writing by certified mail, and that more than 10 days  have elapsed since the second request and the association has still failed or refused to provide access to official records as required by this chapter.

o   The division shall maintain a toll-free telephone  number accessible to parcel owners.

o   The  division shall acknowledge a complaint in writing within 30 days and notify  the complainant whether the complaint is within the jurisdiction  of the division and whether the division needs additional  information from the complainant. The division shall conduct its  investigation and, within 90 days after receipt of the original  complaint or requested additional information, take action upon  the complaint.

o   However, the failure to complete the investigation within 90 days does not prevent the division from  continuing its investigation, accepting or considering evidence  obtained or received after 90 days, or taking administrative action and the division shall refer to local law enforcement authorities any person who the division believes has altered, destroyed, concealed, or removed any record, document, as well as any person engaged in fraud, theft, embezzlement, or other criminal activity.

o   The division may contract with agencies in this state or other jurisdictions to perform investigative functions; or accept grants-in-aid from any source.

o   The division shall consider notice to a developer to be complete when it is delivered to the address of the developer currently on file with the division.

o    The division   may issue a notice to show cause, which must provide for a   hearing, upon written request, in accordance with chapter 120.

o   The division has  jurisdiction on the certification requirement for directors of an association requires written certification and  educational certificate requirements provided for in s. 720.3033(1).

o   On or before October 1, 2027, all homeowners’  associations shall create and maintain an online account with the division and provide information requested by the division in an electronic format determined by the  division.   The division  may require homeowners’ associations to provide such information no more than once a year and require   homeowners’ associations to update the contact information  within 30 days after any change.   Once an online account is set up, the division shall provide a homeowners’ association at least a 45-day notice  of any requirement to provide any information sought.

o   The division is entitled to request the following information:

o   Contact information for the association including the name of the association. the physical address of the homeowners’ association property.

o    The mailing address and county of the association.    

o    The e-mail address and telephone number for the association.

o   The name and board title for each member of the   association’s board.

o   The name and contact information of the association’s   community association manager or community association  management firm, if applicable and the hyperlink or website address of the association’s  website, if applicable.

o    The total number of buildings, and for each building in  the association:  

o    The total number of stories, including both habitable and uninhabitable stories.

The total number of parcels; the age of each building, based on the certificate of occupancy and any construction commenced within the common elements during the most recent calendar year.

o   The association’s assessments, including the amount of assessment or special assessment by parcel  type, including reserves; purpose of the assessment or special assessment.  The name of the financial institution or institutions with which the association maintains accounts.