New laws target bad actors, but unintended consequences could impact well-meaning volunteers
Florida’s legislative changes in recent years have drastically altered the compliance landscape for condominium associations, board members, and LCAMs. With the passing of new laws like HB 1021, the state has ramped up oversight and accountability measures, giving the Department of Business and Professional Regulation (DBPR) broader authority to investigate and enforce compliance. While these changes are well-intended and aimed at curbing bad actors, the harsh penalties could deter well-meaning volunteers from serving on boards. The good news? Staying compliant ensures that responsible board members have nothing to worry about—tools like My Condo Compliance can help associations meet these obligations with confidence.
Enhanced Oversight and New Penalties
HB 1021 empowers the DBPR with 65 new positions dedicated to investigating potential violations and engaging the public on the requirements outlined in Chapter 718, Florida Statutes (F.S.).
This shift in focus means that associations can no longer rely on warnings or educational opportunities from the DBPR if they fail to meet their obligations. Instead, the DBPR now has the power to issue civil and criminal penalties for non-compliance, targeting both associations and individual board members. For example, repeated violations of specified requirements related to the inspection and copying of official records is a second-degree misdemeanor for board members.
As it relates to CAMs and property management entities, failure to return all community association records within 20 business days of a service agreement termination—or a written request, whichever comes first—can result in license suspension and civil penalties.
Unintended Consequences for Volunteers
While these laws are designed to protect condo owners and ensure greater transparency, they could have a chilling effect on those willing to serve on their association's board. With the threat of personal liability for non-compliance, many may hesitate to volunteer for fear of being caught in the crossfire of regulatory enforcement. This makes it harder for associations to fill board positions with qualified and well-intentioned individuals, ultimately impacting the community’s ability to function effectively.
How Associations Can Stay Compliant
Given the DBPR's expanded reach and authority, condo associations must take proactive steps to ensure compliance and avoid costly fines or legal battles. One key step is using technology designed to simplify and streamline compliance tasks. Tools like My Condo Compliance can help associations keep track of their responsibilities, meet deadlines, and ensure adherence to state laws. These platforms not only reduce the risk of missing certain requirements but also provide peace of mind for board members, who can demonstrate they are taking their duties seriously.
Now is the time to act—don’t wait until it’s too late to ensure your association is fully compliant with the latest regulations.
Disclaimer: This blog post is intended to provide general information and does not constitute legal advice. It is recommended to consult with an attorney for advice regarding specific situations.