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THE TIMES THEY ARE A-CHANGIN’ An Opinion By Milena D. Macias, Esq. Chair and Director, CCFJ Legislative Affairs Committee Published October 28, 2025 In recent years, members of Florida mandatory community associations have increasingly asserted their rights, even in the face of lawsuits and costly special assessments imposed by boards that spend tens of thousands on legal fees on shameless vendettas against a member. Boards (and association attorneys) be warned -- the tide is coming in, and we are moving forward, slowly – and I don’t know if this is a result of the anger and the uprising of members questioning special assessments and full reserves (that still may include questionable items), the effect on their pocketbooks, or simply “we’re mad as hell, and not going to take it anymore.” Our government officials have taken notice, but need to be more aware of the issues facing those living in mandatory community associations. That’s where we all chime in. Members are challenging questionable financial practices and demanding transparency, leading to a shift in the legal landscape. Courts are now more frequently upholding members’ rights, with motions to dismiss member complaints frequently being denied. This change may reflect growing frustration among judges and attorneys who are themselves affected by association costs. Or maybe some association attorneys have figured out their actions were … Too Much, Too Little and Too Late … It’s Over Boards and association attorneys should take note: ignoring legitimate member requests and mismanaging funds is no longer being tolerated. Members are scrutinizing budgets, questioning repairs and contracts, and demanding accountability. Attempts to silence or intimidate members are being exposed, and the misuse of special assessments to fund legal battles is being challenged. The screaming of bratty board presidents acting like unsupervised kids – who lie to their community and point fingers at members at meetings who question where the monies allocated for funds are being diverted elsewhere is no longer acceptable (it never should have been acceptable). The mask is now being unfolded for boards who state that “I’m only on the board because: “I love the community and want to make it better” – but act the opposite way and are accompanied by willing cohorts. What are these boards hiding? Meetings where boards shut down member requests, ignore questions on funds for repairs, and deal with contractors who have contracts with the board that are a little “too familiar.” When questioned on rules, the days of board members who insanely shout – I know the “gd” rules – perhaps these same board members, if they know the rules -- should actually follow the rules. Boards hiding behind the skirts of their association attorneys for not following rules are simply shameless cowards and bullies. Do these board members really need to be in such positions? The bottomless funds of “special assessments” to unsuccessfully fund association attorneys against members are now slowily going dry and members are demanding funds need to be applied necessary repairs (can you believe it – boards using funds where they are supposed to be allotted to) … or perhaps association attorneys have decided to tone it down a notch and actually work for the association, not a particular board (doubt it, but I remain hopeful). But with money on the line, and legal costs rising, members are paying far more attention…. It may be too late for these association attorneys to continue fighting with such nefarious actions, and fingers crossed, it’s almost over. Recent court decisions, such as a case in Boca Raton where an association was ordered to pay nearly $200,000 in legal fees for ignoring member requests, highlight the consequences of such actions. But to those boards and the attorneys who purportedly represent the association, karma has kicked in ... members now exclaim ... No more playing it safe – members are now insisting that governing documents be upheld, finances disclosed, and that boards act in good faith. This is not a motto – it is a right that we are entitled to. And why? It’s because a member can now acknowledge that… Word to the wise, if board members and their association attorneys think this is a passing fad, think again… the “love for the community” boards profess have been unmasked. Members will still be standing … once victorious, we may take a few moments to “feeling like a little kid”, but will act as mature adults dedicated to justice and fairness to our members and to our communities as a whole. As the legislative session approaches, I invite your input on potential changes to laws governing mandatory community associations. Together, we can advocate for justice, transparency, and fairness in our communities. “Individually, we are one drop. Together, we are an ocean.” Ryunosuke Satoro |
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