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FROM NOW ON………HOA DIRECTORS ARE ON THE RADAR AS WELL
By
Eric Glazer, Esq.
Published March 25, 2024
There’s no question that 2024 will be remembered as the year
that both HOA and Condominium law were jolted. This week, let’s
discuss how HOA directors can wind up behind bars. Here’s the
new law in HB 1203:
720.303(5)
(d) Any director or member of the board or
association or a community association manager who knowingly,
willfully, and repeatedly violates paragraph (a) (the right
of an owner to access records within 10 days), with the
intent of causing harm to the association or one or more of its
members, commits a misdemeanor of the second degree, punishable
as provided in s. 775.082 or s. 775.083. For purposes of this
paragraph, the term "repeatedly" means two or more violations
within a 12-month period.
(e) Any person who knowingly and intentionally
defaces or destroys accounting records during the period in
which such records are required to be maintained, or who
knowingly or intentionally fails to create or maintain
accounting records that are required to be created or
maintained, with the intent of causing harm to the association
or one or more of its members, commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s.
775.083. 419
(f) Any person who willfully and knowingly
refuses to release or otherwise produce association records with
the intent to avoid or escape detection, arrest, trial, or
punishment for the commission of a crime, or to assist another
person with such avoidance or escape, commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
Anyone have a problem with this? If a director intentionally
won’t allow owners to see the association records, or won’t
allow access to records in order to cover up a crime, shouldn’t
that director face criminal consequences? What do you think?
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About
HOA & Condo Blog
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Eric Glazer graduated
from the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
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Eric is Board Certified by The Florida Bar in
Condominium and Planned Development Law.
Since 2009, Eric
has been the host of Condo Craze and HOAs, a weekly one-hour
radio show airing at 11 a.m. each Sunday on 850 WFTL. Recently,
he moved the show to YouTube, transforming it into a more
dynamic and interactive experience. This move not only allows
viewers to engage in live chats with Eric and other participants
but also enables a broader audience to access free advice,
making valuable insights more widely available.
See:
www.condocrazeandhoas.com.
Eric is the first attorney in the State of
Florida that designed a course that certifies condominium and
HOA residents as eligible to serve on a Board of Directors and
has now certified more than 20,000 Floridians all across the
state. He is certified as a Circuit Court Mediator by The
Florida Supreme Court and has mediated dozens of disputes
between associations and unit owners. Eric also devotes
significant time to advancing legislation in the best interest
of Florida community association members.
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