LEGISLATION THROUGH COERCION
By
Rafael Aquino
Published February 7, 2024
The legislative proposals, HB1021 and SB1178, have ignited a
meaningful conversation on improving operational transparency and
accountability in community association management. These bills,
highlighted in Eric Glazer, Esq.'s blog, target the timely return of
association records upon the termination of management services.
While agreeing that records must be promptly returned to ensure
continuity and compliance, this discussion opens a broader
opportunity for industry-wide reevaluation.
Acknowledging the problem Eric Glazer and legislators identified is
crucial—delays or failures in returning association records
significantly disrupt operations. However, focusing on punitive
measures alone may not address the root causes of these delays.
Contrary to the perspective that management companies have
historically maneuvered to their advantage in Tallahassee, I
advocate for a more constructive approach beyond penalties.
The digital transformation in our industry represents a commitment
to greater efficiency, transparency, and accountability.
Transitioning to digital record-keeping makes record transfer and
access easier and reduces the risk of disputes over record retrieval
post-termination. This proactive measure can address many concerns
the new legislation aims to solve.
Moreover, suggesting that management companies consistently benefit
from legislative decisions oversimplifies the regulatory
environment. Many firms operate with professionalism and integrity.
Legislative efforts should encourage digital adoption and efficient
management, extending beyond imposing fines.
I propose a collaborative approach involving legislators, community
association managers, and legal professionals to:
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Promote digital record-keeping adoption across the industry,
with incentives for early adopters.
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Develop guidelines for record transition, ensuring smooth
handovers that benefit associations.
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Reconsider proposed penalties to ensure they are constructive,
driving compliance through education and support rather than
coercion.
Looking forward to the legislative session, engaging in dialogue
prioritizing the industry's long-term effectiveness is crucial.
While the focus may be on the timely return of records, the
collective goal should be to elevate service standards across the
industry through technology, transparency, and mutual respect.
In conclusion, while the intent behind HB1021 and SB1178 is
commendable, a broader perspective is essential. This moment should
serve as an impetus for positive change, setting a new standard for
excellence in community associations.
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