Actions Owners Can Do!

The most effective action a property owner in a Homeowners’ Association (HOA) can take is to review the governing documents of the association, as well as applicable provisions of Florida Statutes, including Chapter 720, which governs homeowners’ associations in Florida.

The following, in no particular order, outlines several rights and actions generally available to property owners. This is provided for informational purposes only. Nothing contained herein constitutes legal advice. If you have questions regarding your rights or potential legal remedies, you should consult a qualified attorney. This information is intended to increase awareness and provide references for further research, and may not represent an exhaustive list of available options.

Attend Board Meetings

Board meetings are typically held once or twice per week. Notices are posted through Burg Management’s TownSquare portal (TownSquare) and on the physical community bulletin board located at the gate. All owners and lessees are generally permitted to attend these meetings.

Online Board Meetings

The board utilizes Zoom for virtual meetings. Video participation is optional; attendees may join with or without a camera. Meetings may also be accessed by telephone using the dial-in information provided in the official meeting notice.

Speaking at Meetings

Under Florida law, attendees are generally permitted to speak during designated public comment periods, typically limited to approximately three (3) minutes per topic, subject to meeting rules and procedures.

Recording Board Meetings

Florida Statutes Chapter 720 permits the recording of board meetings. Specifically, §720.303(10) addresses the recording of meetings of members and related procedures. Attendees may generally record meetings using audio or video without prior approval, provided such recording does not disrupt the meeting.

Requesting Association Records

Under Florida Statutes §720.303(5), owners have the right to inspect and copy official records of the association. Requests should be submitted in writing and in accordance with statutory requirements. Certified mail with return receipt (or an equivalent electronic delivery confirmation service) is commonly used to establish proof of delivery. Verbal requests, phone calls, or informal emails may not satisfy statutory requirements. Burg Management may schedule record inspections at their office or provide access to electronic records, depending on availability and procedures.

Noncompliance and Statutory Remedies

If the association fails to timely comply with a valid written records request, Florida law provides for statutory remedies, which may include monetary penalties of up to $50 per day for a period not exceeding 10 days, for a maximum of $500, subject to statutory requirements.

To pursue enforcement, a written demand for compliance or payment is typically required prior to initiating further action. If the matter is not resolved, the requesting party may pursue relief through civil court, including small claims or county court as appropriate. In many HOA-related disputes, pre-suit mediation may be required under Florida law.

Legal Action

If the association fails to comply with its governing documents or applicable law, owners may have the right to seek relief through the court system. Legal standards and procedures vary, and consultation with an attorney is recommended before initiating litigation.

Challenging Contracts and Agreements

Florida Statutes §720.3033 provides a mechanism for members to challenge certain contracts entered into by the board where conflicts of interest may exist. In general terms, such contracts must be disclosed to the membership, and may be subject to a membership vote. Under certain conditions, members may vote to cancel such agreements, with the association remaining liable only for the reasonable value of goods or services received up to the time of cancellation, and not for termination penalties, subject to applicable law.

Budget Approval and Challenge

Association budgets may be subject to member approval or challenge under certain conditions. In some circumstances, a supermajority vote of the membership (commonly referenced as 66% of ownership interests) may be required to veto or reject a proposed budget, depending on governing documents and statutory provisions.

Complaints Regarding Board Conduct

Alleged misconduct by board members may be reported through appropriate legal or governmental channels when warranted. Depending on the nature of the concern, this may include civil, administrative, or other forms of complaint processes. Legal counsel should be consulted to determine the appropriate course of action.

Complaints Against Community Association Managers (CAM)

Community Association Managers are licensed by the State of Florida through the Department of Business and Professional Regulation (DBPR). If a licensed Community Association Manager is believed to have violated applicable laws or professional standards, complaints may be submitted to the DBPR through its official complaint process: DBPR Complaint Portal

Recall of Board Members

Florida law allows for the recall of board members through a membership vote. In general, a recall may be initiated and approved by a majority of the voting interests (commonly referenced as 51%), subject to statutory procedures and notice requirements. Specific forms and procedures should be followed in accordance with Florida Statutes and the association’s governing documents.

Running for the Board

Board seat elections are held on a rotating schedule. In general, owners may run for election to the board provided they meet eligibility requirements, which typically include being a property owner in good standing (not delinquent on assessments) and not having disqualifying criminal convictions as defined by law. Election cycles and seat availability vary by year according to the association’s governing structure.