HOW MUCH “TRANSPARENCY” DO  OWNERS REALLY HAVE?

An Opinion By

Published May 19, 2026

Legislators are often talking about transparency and the right of owners to inspect all kinds of records – the statutes even list all the records that can be inspected – very detailed!

Sounds great, doesn’t it? But in reality all these laws are toothless tigers if the board members and/or management company are unwilling to obey by the law.

Then what? Non-binding arbitration (Condos) or a lawsuit (HOA) would be the next step open for owners. But that can get very expensive and can be dragged out for many years, if the board is unwilling to give in and even files appeals in District Appeals Courts or even Federal Courts.

Florida legislators have given the Division of Florida Condominiums, Timeshares, and Mobile Homes subpoena powers, if the association is ignoring the record inspection laws. The legislators have – last year – given the Division another $7.1M for them to hire more help and improve their service. But nothing has changed! Owners still have to fight expensive lawsuits trying to get the financial records from associations – and most complaints filed by owners are still getting the well-known treatment: A form letter from the Division saying that “no wrong-doing could be found by the investigator and that the case was closed!”

Filing with the Division for arbitration is one thing, but don’t forget, it’s “non-binding arbitration” – und the association can appeal if they don’t like the ruling.

How good are laws that can only be enforced by rich people who can hire expensive attorneys and fight court battles lasting many years?

And even if owners can finally get hold of the financial records and can convince a State Prosecutor to file charges for fraud and/or embezzlement, in many cases the guilty parties end up with a “slap on the wrist”.

The former president of the Hammocks, Marglli Gallego, the main player of the huge embezzlement case (estimated $4M), got away with a 7-year prison sentence, her husband even got away with probation only. Obviously nobody cared about the families that lost their homes to foreclosure because they couldn’t pay the ever increasing dues and special assessments. They lost their homes forever!  Considering our justice system Gallego will be out in 4 years and then she and her husband can enjoy the fruits of their embezzlement. That’s minimum my take on the case.

Four condo leaders, who embezzled more than $1.4M from a condo in Hallandale Beach, got away with no real “punishment”. Prosecutors and judges allowed them to more or less get away with it due to “old age”.

And the list of bad actors getting away with slaps on the wrist goes on.

Punishment for “LACK OF TRANSPARENCY”?