Questions & Answers Keep Me Informed!
Q. What state agency governs homeowners’ associations? We pay homeowners dues faithfully every year and our roads are dirt. The HOA is not doing what they should to maintain our roads and I would like to have them investigated for mismanagement of funds. We have recently learned that there is no money left.
A. Unlike condominium associations regulated by the Florida Department of Business and Processional Regulation (DBPR), there is no state regulatory body to ensure that HOA's operate properly. Florida Statute 720.302(2), which generally applies to HOA’s operations, states: "The Legislature recognizes that it is not in the best interest of homeowners’ associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners’ associations. However [. . .] the Legislature finds that homeowners’ associations and their individual members will benefit from an expedited alternative process for resolution of election and recall disputes and presuit mediation of other disputes involving covenant enforcement and authorizes the department to hear, administer, and determine these disputes as more fully set forth in this chapter.” If association funds have in fact been mismanaged, it may be worthwhile to recall the Board.