THE LEGISLATIVE DISPARITY: HOAs vs CONDOS

By Rafael Aquino

Published July 31, 2024  

 

When discussing the regulation of community associations, it is impossible to overlook the disparity in legislative oversight between condominium associations and homeowners' associations (HOAs). The recent expansion of powers for the Florida Department of Business and Professional Regulation (DBPR) has highlighted this imbalance, leaving many HOA owners feeling neglected and questioning the fairness of the current system. This issue is discussed in Eric Glazer's recent blog, "AND WHAT ABOUT HOAs?" where he aptly challenges the rationale behind this one-sided approach.

 

Florida Statute 720.302(2) states the following: The Legislature recognizes that it is not in the best interest of homeowners' associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners' associations. 

 

Eric Glazer's statement makes sense: "If having a bureau or other agency of the state regulating the affairs of a homeowner's association is not in the best interest of homeowners' associations, why is it in the best interest of condominium associations to have a bureau or other agency of the state regulating their affairs?"

 

The Inconsistency in Regulation

Condo owners and HOA members often share similar concerns—conflict resolution, financial management, maintenance, and governance. If these challenges are common to both types of associations, it is difficult to justify why only condominium associations fall under the purview of the DBPR.

 

The Role of the DBPR

As Eric Glazer mentioned, the debate is about more than just the necessity of the DBPR but rather the inconsistency in its application. Some HOA owners would welcome an agency to address their grievances, while others might oppose the additional tax and bureaucracy. Condominium owners have mixed feelings about DBPR regulation, with some appreciating the support and others resent the obligatory fees and lack of support.

 

Education Over Regulation

If the goal is to enhance community association management, a more effective approach might be to invest in education rather than increasing government oversight. Allocating funds from HOA fees towards the training of board members could foster better leadership. Comprehensive education on conflict management, financial stewardship, staff supervision, and preventive maintenance can equip board members with the skills necessary to lead effectively.

 

Educated leaders are more likely to act in the best interests of their communities, reducing the need for external regulation. The real challenge lies in addressing the occasional power struggles within HOAs, where personal egos can overshadow collective well-being.

 

Ultimately, fostering better communities may not require more government intervention but rather a commitment to educating and empowering those at the helm. By focusing on leadership development, we can cultivate a generation of board members capable of managing their associations with competence and integrity, regardless of whether they belong to a condominium or an HOA.

 

The battle to manage the occasional ego-driven power plays within HOAs will continue, but with better-trained leaders, we can hope for a future where community interests consistently come first.


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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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