HOA Reporting – What Associations (and Managers) Need to Know

October 10th, 2013

Posted in Business & Corporate Law

During the recent legislative session, House Bill 7119 was passed and served to amend numerous portions of Chapter 720 governing Homeowner Associations (“HOA”).  Notably, this bill served to create Section 720.303(13) of the Florida Statutes, which provides that all mandatory HOAs must report to the Florida Department of Business and Professional Regulation (“DBPR”) on or before November 22, 2013 and provide certain information as part of the report.  In this post you will find relevant information to assist Community Association Managers (“CAM”) and self-managed HOAs in making sure that all information is properly submitted.

On September 27, 2013 a new website from DBPR serving to track all mandatory HOAs in the State of Florida became operational.  The website can be found at the following address:  Only HOAs that are registered as a Florida corporation and meet the following criteria are required to register and submit their information to the DBPR:

  • HOAs whose voting membership is made up of home and lot owners;
  • Home owner membership in the HOA is mandatory; and
  • The HOA has the power to impose assessments against members and can impose liens if those assessments are not paid.

If a HOA meets the criteria above, the statute requires the CAM or management firm, or the association when there is no CAM or management firm, to submit through the DBPR website the following information:

  • The HOA’s legal name;
  • Federal Employer Identification Number;
  • The Mailing and physical address of the HOA;
  • The total number of parcels; and
  • The HOA’s total amount of revenue and expenses from the HOA’s most recent annual budget.

Additionally, if the HOA is still controlled by the developer, the HOA needs to further submit the following information:

  • Legal name of the developer; and
  • The developers mailing address and the total number of units still owned by the developer on the day of submittal.

Finally, if a CAM is filing the required information on behalf of the HOA, the new statute requires entry of the manager or management firm’s license number.

The purpose of this reporting requirement is to determine the number of mandatory HOAs operating within the state.  Presumably, upon receipt of the necessary information there may be future legislation serving to bring mandatory homeowner associations under the direct purview of the DBPR to mirror the current situation with condominium and cooperative associations.

While the statute does specifically set forth penalties for non-compliance, it is recommended that HOA nonetheless act diligently in providing the required information. The association is encouraged to contact counsel with any questions as to the new reporting requirements.

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