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
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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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