Eric Glazer recently posed an important question: Have the prayers of HOA owners been answered? With HB 137 and SB 120 proposing the creation of an HOA Ombudsman, many homeowners hope this new office will resolve long-standing issues in association governance. But from a management perspective, will this office provide real solutions—or introduce new challenges?
A Step Toward More Oversight?
The HOA Ombudsman is expected to function similarly to the Condominium Ombudsman, acting as a liaison, providing education, assisting with disputes, and even monitoring elections when requested. This could help clarify responsibilities for board members, property managers, and homeowners, promoting transparency and guidance.
However, many HOAs already struggle with governance, compliance, and navigating Florida’s complex HOA laws. The big questions remain:
- Will the Ombudsman have the authority to enforce resolutions, or will it add another layer of bureaucracy?
- Will it be an asset in dispute resolution, or just another office homeowners turn to without clear results?
What This Means for HOA Boards and Property Managers
For community association managers (CAMs) and board members, the introduction of an Ombudsman raises several concerns:
1. Election Monitoring
While oversight can prevent disputes, will the new election monitoring requirements introduce additional costs and delays? Moreover, can it truly remain neutral, or will it become another battleground for HOA politics?
2. Dispute Resolution
The Ombudsman’s role includes assisting in resolving disputes outside the jurisdiction of the Division of Condominiums. However, many disputes are already managed by legal professionals or mediation processes. Will this new layer create more confusion about where homeowners should seek resolution?
3. Cost Considerations
The bill states that the Ombudsman’s office will be funded through the Florida Condominiums, Timeshares, and Mobile Homes Trust Fund, but HOAs will bear the cost of election monitoring. With associations already facing rising insurance rates, reserve requirements, and operating costs, will this add another financial burden?
More Regulation or Real Solutions?
HOAs have traditionally operated with more autonomy than condominiums, which have long been regulated under the Division of Condominiums. The introduction of an HOA Ombudsman suggests a potential shift toward increased state oversight.
If executed effectively, this office could serve as a valuable resource, improving education, clarifying laws, and enhancing HOA governance. However, if it adds bureaucracy and financial burdens without clear benefits, it could be seen as just another regulatory hurdle.
Final Thoughts: Be Careful What You Wish For
For those advocating for greater oversight, this proposal might seem like progress. However, execution will be key. Will the Ombudsman serve as a neutral advocate for both homeowners and boards? Or will it complicate HOA governanceeven further?
Ultimately, stronger communities aren’t just built on regulation—they thrive on engagement, education, and accountability. That’s where true progress happens.
What’s your take? Will this improve HOA governance or create new challenges? Share your thoughts in the comments!
Interested in learning more about planning for your community association well-being? Request a proposal today for expert guidance on enhancing your association’s operations.
