The nearly two million Floridians residing in communities with homeowners’ associations (HOAs) and another seven million with condominium associations (COAs) must feel as if they are participants in a statewide governance odyssey.
 

In the past, local governments did things like maintaining street landscaping, trimming trees, maintaining small community swimming pools and recreation areas, repairing streetlights and sidewalks. Today, these are the things undertaken by residential HOAs and COAs.

When things go well, as they usually do in the vast majority of HOAs, this poses no difficulty. However, when problems such as fraudulent HOA elections, thefts of HOA funds and financial kickbacks to HOA officers and managers are uncovered, homeowners often discover a frustrating lack of local governmental oversight and options. To protect our residents and preserve the integrity of our neighborhoods, I believe it is time for Floridians to embrace the concept of creating robust local control of their HOAs — in other words, a locally appointed HOA council. The argument for local control is centered on a simple principle: Local authorities and residents are best positioned to understand the unique challenges within their communities. Homeowners deserve honesty and transparency from those overseeing and managing their associations. When that trust is broken, it threatens financial security and peace of mind.

Florida should consider creating locally appointed HOA councils.

The Miami-Dade State Attorney’s Office has demonstrated the impact of local prioritization. We have aggressively investigated, prosecuted and incarcerated those who exploited their positions within HOAs for personal gain.

Consider the Hammocks community association investigation. In a landmark HOA case, my office secured multiple arrests and convictions involving the theft of millions of dollars from one of the largest HOAs in the country. The investigation highlighted how local resources can uncover schemes that state agencies might miss. Other recent actions have targeted not just board members, but also the accountants and controllers who allegedly facilitated the movement of funds to fictional vendors. Local prosecutions also have focused on sentences that include significant restitution orders, aiming to return stolen funds to the community. Homeowners have long struggled with an enforcement gap in state regulatory structures. While the state Department of Business and Professional Regulation (DBPR) has the duty to oversee certain aspects of condo association governance, its authority over HOAs is limited compared to its oversight of condominiums.

Regrettably, DBPR’s limited jurisdiction over HOAs leaves residents with no recourse for non-criminal disputes other than expensive private litigation. We are grateful to Florida Sens. Ileana Garcia and Jennifer Bradley, Rep. Juan Carlos Porras and former Rep. Vicky Lopez for their legislative efforts to bring real options to HOA and COA residents, who too often are ignored, powerless and trapped by nonresponsive, unaccountable or thieving boards.

A locally appointed HOA council, overseen by the county or a local municipality, could help. It could solve HOA disputes by providing a local ombudsman. Instead of navigating a distant bureaucracy, residents could turn to a county-appointed council to mediate disputes over records requests, maintenance failures and fine appeals.

A local HOA council also could streamline adjudication. This council could serve as a “Special Master” body, empowered to hold hearings and issue binding orders on civil violations, bypassing the years-long backlog often found in state-level arbitration. It could offer expert oversight, too: appointing local professionals, such as retired judges or forensic auditors, could ensure that those resolving disputes understand the specific complexities of Miami-Dade real estate landscape. When wrong-doing is uncovered, a local council could act as a clearing house to flag suspicious financial patterns to the State Attorney’s Office, creating a seamless link between civil oversight and criminal enforcement.

The momentum generated by my successful prosecutions has already spurred legislative changes designed to give homeowners more protection. New laws have bolstered criminal penalties for board members who intentionally withhold records or engage in fraudulent voting practices.

Now, it’s time to provide the tools locally, here in Miami-Dade County, to ensure that residents know their homes and neighborhoods are protected by authorities who are actively monitoring for abuse and corruption.

By empowering local prosecutors and county officials, Miami-Dade can lead the way for homeowner protection.

Katherine Fernandez Rundle is the state attorney for Miami-Dade County.