When discussing the regulation of community associations, it is impossible to overlook the disparity in legislative oversight between condominium associations and homeowners’ associations (HOAs). The recent expansion of powers for the Florida Department of Business and Professional Regulation (DBPR) has highlighted this imbalance, leaving many HOA owners feeling neglected and questioning the fairness of the current system. This issue is discussed in Eric Glazer’s recent blog, “AND WHAT ABOUT HOAs?” where he aptly challenges the rationale behind this one-sided approach.
Florida Statute 720.302(2)
Florida Statute 720.302(2) 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.”
Eric Glazer’s statement makes sense: “If having a bureau or other agency of the state regulating the affairs of a homeowners’ association is not in the best interest of homeowners’ associations, why is it in the best interest of condominium associations to have a bureau or other agency of the state regulating their affairs?”
The Inconsistency in Regulation
Condo owners and HOA members often share similar concerns—conflict resolution, financial management, maintenance, and governance. If these challenges are common to both types of associations, it is difficult to justify why only condominium associations fall under the purview of the DBPR.
The Role of the DBPR
As Eric Glazer mentioned, the debate is about more than just the necessity of the DBPR but rather the inconsistency in its application. Some HOA owners would welcome an agency to address their grievances, while others might oppose the additional tax and bureaucracy. Condominium owners have mixed feelings about DBPR regulation, with some appreciating the support and others resenting the obligatory fees and lack of support.
Education Over Regulation
If the goal is to enhance community association management, a more effective approach might be to invest in education rather than increasing government oversight. Allocating funds from HOA fees towards the training of board members could foster better leadership. Comprehensive education on conflict management, financial stewardship, staff supervision, and preventive maintenance can equip board members with the skills necessary to lead effectively.
Educated leaders are more likely to act in the best interests of their communities, reducing the need for external regulation. The real challenge lies in addressing the occasional power struggles within HOAs, where personal egos can overshadow collective well-being.
Ultimately, fostering better communities may not require more government intervention but rather a commitment to educating and empowering those at the helm. By focusing on leadership development, we can cultivate a generation of board members capable of managing their associations with competence and integrity, regardless of whether they belong to a condominium or an HOA.
The battle to manage the occasional ego-driven power plays within HOAs will continue, but with better-trained leaders, we can hope for a future where community interests consistently come first.
Navigating the complexities of community association management can be challenging. At Affinity, we specialize in providing expert guidance and support to help your community thrive. Contact us today to learn how we can assist your HOA or condo association in achieving effective governance and a harmonious living environment.
