HOA OVERSIGHT

Which Florida Officials Have Jurisdiction over HOAs, Management Companies, and Developers?

Florida condo associations are regulated by the Division of Florida Condominiums, Timeshares, and Mobile Homes. But no state regulatory agency directly exercises full jurisdiction over Florida HOAs. In fact, the Homeowners Association Act specifically finds 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.” Fla. Stat. §720.302(2). In some instances, the Department of Business and Professional Regulation can get involved in matters relating to elections, recalls, and mediation of covenant-enforcement issues. Fla. Stat. §720.302(2).

Property management companies in Florida are licensed and regulated by the Regulatory Counsel of Community Association Managers of the Florida Department of Business and Professional Regulation. Most developers fall under the jurisdiction of the Construction Industry Licensing Board, also a division of the Florida Department of Business and Professional Regulation.

The Florida Secretary of State has authority over any nonprofit and for-profit corporations in the state with regard to matters of corporate governance.

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