A CALL FOR LEGISLATIVE CONSISTENCY

By Rafael Aquino

Published June 21, 2023  

 

Condominium Associations (condos) and Homeowners' Associations (HOAs) are essential in maintaining residential communities. However, a persistent issue community member like Eric and Jan raises the need for uniformity between the statutes governing condos and HOAs. This blog post highlights the importance of aligning these statutes, particularly in elections, fines, and other crucial aspects. While recent legislative changes, like HB 919, have improved HOA laws, the need for mirrored statutes still needs to be addressed.

 

Ensuring Fair Elections

One key reason for aligning condo and HOA statutes is to establish fair and transparent election processes. Condos already have clear guidelines for conducting elections, ensuring every owner's vote is accounted for. However, HOAs often need more specific requirements, leading to clarity and potential disputes. By harmonizing these statutes, lawmakers can create a level playing field for both types of communities, fostering equal representation and empowering homeowners in decision-making processes.

 

Promoting Consistent Fines and Penalties

Standardizing fines and penalties across condos and HOAs is crucial. Current variations lead to inconsistent enforcement practices, which can breed frustration and resentment among community members. Mirroring the statutes would establish a clear framework for imposing fines and penalties, ensuring fair and consistent treatment for all homeowners, regardless of their community type.

 

Facilitating Community Governance

Effective community governance relies on a shared understanding of rules and regulations among homeowners. Divergent statutes between condos and HOAs must be clarified, making it difficult for residents to navigate governance processes. Aligning these statutes would provide clarity and promote unity among community members, enabling active and cohesive participation in shaping their living environment.

 

Enhancing Legislative Efficiency

Aligning condo and HOA statutes streamlines legislative processes. Currently, lawmakers must address and reconcile differences, making it a challenging and time-consuming task. Harmonized statutes would allow legislators to focus on other pressing matters, promoting efficiency in the legislative process and ensuring changes made to one set of laws also apply to the other.

 

In conclusion, aligned condo and HOA statutes are necessary. While recent legislative changes, like HB 919, are positive steps, it is crucial to recognize the importance of mirrored statutes to ensure fair elections, consistent fines and penalties, effective community governance, and enhanced legislative efficiency. Through collective efforts and a unified voice, we can strive for better, more equitable communities for everyone involved.


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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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