WILL AN HOA OMBUDSMAN HELP OR HINDER GOVERNANCE?

By Rafael Aquino

Published February 5, 2025  

 

Eric Glazer’s recent article asked 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 may feel that help is on the way. But from a management perspective, does this new office promise real solutions, or could it introduce new challenges?

 

A Step Toward More Oversight?

At first glance, the Ombudsman’s role appears similar to what already exists for condominiums, serving as a liaison, providing education, assisting with disputes, and even appointing election monitors when homeowners request. In theory, this could help clarify responsibilities for board members, managers, and owners alike. More transparency and guidance are always welcome.

 

But there’s also another reality: Many HOAs already struggle with governance, compliance, and navigating Florida’s complex laws. Will an Ombudsman be an asset in resolving disputes, or will it become another layer of bureaucracy? Will this office have real authority to enforce resolutions, or will it merely add another voice to the mix?

 

What This Means for Boards and Managers

As community managers, we are on the front lines of association operations. Board members, volunteers who already dedicate their time and energy, often rely on managers and legal counsel to guide them through disputes and compliance issues. Adding an Ombudsman raises a few concerns:

 

  • Election Monitoring: While oversight can help prevent disputes, will the required election monitoring process introduce new costs and delays? More importantly, will the process remain neutral, or could it become another battleground for community politics?

  • Dispute Resolution: The Ombudsman is tasked with assisting in resolving disputes that fall outside of the Division’s current jurisdiction. However, many disputes are already handled by legal professionals or existing mediation processes. Will this create more confusion about where owners should turn for resolution?

  • Cost Considerations: While the bill states that the Ombudsman’s office will be funded through the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund, HOAs will bear the cost of election monitoring. Could this lead to more expenses down the line for associations that are already navigating rising insurance rates, reserve requirements, and general operating costs?

 

Real Solutions or Just More Regulation?

HOAs function differently from condominiums in terms of structure, governance, and oversight. Unlike condos, which have long been regulated under the Division of Condominiums, HOAs have traditionally had more autonomy. This bill marks a potential shift toward increased state involvement. Whether that’s a good or bad thing depends on execution.

 

If the Ombudsman serves as a trustworthy resource, providing education, clarifying laws, and helping communities improve governance, then this could be a win for homeowners, board members, and managers alike. But suppose it becomes another layer of oversight that slows down decision-making or creates new financial burdens. In that case, it may be viewed as yet another regulation that doesn’t truly solve the underlying challenges of HOA governance.

 

Final Thoughts: Be Careful What You Wish For

For those who have long advocated for greater oversight in HOAs, this may feel like a step in the right direction. But the real test will be in execution. Will this Ombudsman serve as a neutral guide for both boards and homeowners? Or will it create new complexities that make managing an HOA even harder?

 

As always, the key to strong communities isn’t just about adding more regulations, it’s about fostering engagement, education, and accountability at the board and homeowner levels. That’s where true progress happens.

 

What do you think? Will this make HOA governance easier or more complicated? Let us know in the comments.


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As the Co-Founder and CEO of Affinity Management Services, Rafael P. Aquino leads his team to redefine excellence. They serve community   associations   efficiently

and effectively with dedication and passion. Rafael’s energy and positive spirit is the foundation of Affinity Management Services’ company culture, which instills enthusiasm and excitement when providing expert advice to its board members and relieving the day-to-day burdens of running a community association.

 

Since 2007, Rafael has developed a work culture that values responsive and high-quality services. He has led his team by following a proactive vs reactive philosophy. The same approach Rafael instills in the day to day operations of each association. Today, Affinity Management Services maintains its success and benefits as a result of the foundation Rafael has built and continues to foster by providing educational seminars, continuing education classes for association managers and board members alike.


Rafael and his team help condominium and homeowners’ associations save money and improve their communities. His calm, personable, and service-oriented nature helps him to establish strong relationships with ease. Rafael is known as a sincere and honest leader who looks out for the best interests of his clients and communities, and he strongly advocates for their needs. His role requires coordination and communication, as such he takes logical and intelligent steps to approach challenges head-on.


As a graduate of Florida International University’s electrical engineering program and a licensed community association manager, Rafael’s education and skills equip him with unique insights to tackle complex problems through critical thinking. He understands how each component within a system works together in order to effectively arrive at solutions, techniques, and conclusions. Therefore, as he manages the multiple challenges of running a community association management company, he understands how each property is its own unique system and tailors’ specific services to assure that all their needs are met.

For more information about Rafael P. Aquino and Affinity Management Services please visit www.ManagedByAffinity.com or call 1-800-977-6279

Doral Office: 8200 NW 41st ST

Suite 200

Doral, FL 33166

Broward Office: 150 S Pine Island RD Suite 300

Plantation, FL 33324

O: 800-977-6279 ● F: 305-325-4053


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