ENFORCEMENT OF ASSOCIATION LAWS?

An Opinion By Jan Bergemann

Published October 20, 2026

Every time an election is on the horizon we hear candidates for local offices claiming that they will be trying to help owners living in community associations to deal with the many problems owners of property in community associations have to deal with on a daily basis.

But it seems that all these candidates have a very short memory, because as soon as elections are over we see the same attitude from legislators we have seen since 25 years. They are filing all kinds of bills that will create more confusion and arguments, but absolutely no real relief for the owners. They are listening to the lobbyists of the industry who are telling them that all is fine and dandy, so they can continue to fleece the owners without interference of the state.

And the fraud, scams and expensive, but unnecessary lawsuits can continue. Once in a while we see a law enforcement agency arresting some of the bad guys abusing the mostly unprotected funds of a community association. But that’s only the tip of the iceberg. There are lots of ways, some even halfway legal, to get rich on association funds.

We all know that laws are only as good as the enforcement of these laws. And there is absolutely none if it comes to community association statutes.

Condo owners are wasting $4 annually on the so-called “Division of Florida Condominiums, Timeshares and Mobile Homes”, an agency that is actually more a joke than a serious regulatory agency. They are “EXPERTS” in finding “no violations” in most of the complaints filed by condo owners. Owners are used to receiving their ridiculous form letters about 4-6 weeks after filing a complaint. And owners are quickly finding out that the Division didn't even look at the proof supplied or talking to the witnesses named in the original complaint.

Florida’s community association members – more than 50% of all Florida citizens – need a REGULATORY AGENCY with TEETH and enforcement powers. Costly lawsuits – often costing hundreds of thousands of dollars – could be avoided if the Division would use the subpoena power given to them by FS 718.501. That’s just one simple example! It would as well prevent boards from hiding the financial records until the statutes of limitations for fraud and embezzlement are running out.

Florida’s community association members – and that includes owners of property in Homeowners’ Associations regulated by FS 720 – the HOA Act – have to be protected against abuse of funds. That would make living in community associations much more affordable – candidates for State office always claim they try to achieve.

The only way to make living in community associations more affordable would be the creation of a regulatory agency with real enforcement – with employees willing to use their enforcement power – not some wimps like we have now in the “Division of Florida Condominiums, Timeshares and Mobile Homes”.

The 2027 Legislative Session starting March 2, 2027 will show us how serious these candidates were when campaigning with “Making Living in Florida’s Community Associations More Affordable!”