|
THE DBPR HAS LOTS OF NEW POWER – WILL THEY USE IT?
By
Eric Glazer, Esq.
Published July 22, 2024
There have been lots of complaints over the years that when
condominium owners bring their complaints to the DBPR and
expect some help, the only thing they got in return was a
letter that said the DBPR has no jurisdiction over the
subject matter of their complaint. I actually watched a
legislative hearing in this regard and will tell you that
the legislators were shocked that the DBPR was in effect
powerless to help the condominium owners with their
complaints.
In response, The Florida Legislature passed a new law this
year giving the DBPR jurisdiction over many more subject
matters. This became effective July 1st. Here
it is:
718.501 AUTHORITY, RESPONSIBILITY, AND DUTIES OF DIVISION OF
FLORIDA CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES.
After turnover has occurred, the division has
jurisdiction to investigate complaints related only to:
(a)1. Procedural aspects and records relating
to financial issues, including annual financial reporting
under s. 718.111(13); assessments for common expenses,
fines, and commingling of reserve and operating funds under
s. 718.111(14); use of debit cards for unintended purposes
under s. 718.111(15); the annual operating budget and the
allocation of reserve funds under s. 718.112(2)(f);
financial records under s. 718.111(12)(a)11.; and any other
record necessary to determine the revenues and expenses of
the association.
2. Elections, including election and voting
requirements under s. 718.112(2)(b) and (d), recall of board
members under s. 718.112(2)(l), electronic voting under s.
718.128, and elections that occur during an emergency under
s. 718.1265(1)(a). financial issues, elections, and
4. The procedural aspects of meetings,
including unit owner meetings, quorums, voting requirements,
proxies, board of administration meetings, and budget
meetings under s. 718.112(2).
5. The disclosure of conflicts of interest
under ss. 718.111(1)(a) and 718.3027, including limitations
contained in s. 718.111(3)(f).
6. The removal of a board director or officer
under ss. 718.111(1)(a) and (15) and 718.112(2)(p) and (q).,
and
8. Any written inquiries by unit owners to
the association relating to such matters, including written
inquiries under s. 718.112(2)(a)2.
That’s pretty much power to investigate almost anything.
Let’s hope none of you get letters any longer about the DBPR
not having jurisdiction,
Here’s what may be an even more
important change to the law.
The division shall refer to local law enforcement
authorities any person whom the division believes has
engaged in fraud, theft, embezzlement, or other criminal
activity or when the division has cause to believe that
fraud, theft, embezzlement, or other criminal activity has
occurred.
As we have discussed many times on the
show, the word “shall” means “must.” The DBPR must now
refer lots of cases to law enforcement where they believe
financial wrongdoing has occurred. Let’s see if this
results in the prosecution of more cases.
Thoughts?
|
|
About
HOA & Condo Blog
 |
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.
|
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.
|
