Has Your HOA Ever Been Fined by the DBPR?

A recent discussion on Reddit (link here) highlighted an HOA that was hit with multiple violations—an improper meeting notice due to a typo, failure to follow bylaws, and not having the required Compliance Enforcement Committee (CEC) and Architectural Review Committee (ARC). This situation left the community members shocked and frustrated, raising an important question: Has your HOA ever been fined by the DBPR?

This serves as an important reminder for all HOAs to stay diligent and compliant with state regulations. Let’s break down what happened in this case, why it’s a big deal, and how your HOA can avoid similar fines.

The Costly Mistake: Improper Meeting Notice

One small typo led to significant consequences. The board meeting notice contained an incorrect date, which meant the required 48-hour notice rule was not met. While it seemed like a minor clerical error, Florida’s HOA regulations are strict, and failing to provide proper notice for HOA meetings can result in fines. 

Lesson Learned: Double-Check Everything

• Verify that dates, times, and locations on meeting notices are accurate.
• Ensure notices are posted at least 48 hours before the meeting (or as required by your governing documents).
• Use automated reminders or HOA Website Software  to help prevent errors.

Failure to Follow Bylaws: A Slippery Slope

Bylaws exist for a reason—to provide structure and consistency in how the HOA is run. In this case, the DBPR found that the HOA was not following certain provisions outlined in their governing documents. While these may not have seemed like major infractions to the board, the DBPR saw them differently.

How to Stay on Track:

• Regularly review your HOA’s bylaws and ensure board members understand them.
• Train new board members on compliance with governing documents.
• Consult an HOA attorney if there is uncertainty about a particular bylaw requirement.

Missing Committees: CEC and ARC Violations

The HOA was also fined for not having a Compliance Enforcement Committee (CEC) and an Architectural Review Committee (ARC) in place.

• The CEC is required to handle fines and violations fairly and impartially.
• The ARC ensures homeowners comply with architectural standards and community aesthetics.

Without these committees, the HOA was not in compliance with Florida law.

Solution: Establish and Maintain Required Committees

• Identify which committees your HOA is required to have.
• Recruit volunteers to serve on the committees.
• Ensure that committee members understand their responsibilities.
• Document all decisions to show compliance with HOA rules and regulations.

How to Avoid DBPR Fines in the Future

1. Educate Your Board – Make sure all board members understand state laws and HOA regulations.
2. Use Technology – HOA management software can help track meeting notices, store bylaws, and manage committees.
3. Consult an Attorney – A legal professional can help interpret and enforce your governing documents.
4. Conduct Regular Audits – Review your processes to ensure compliance.

The Bottom Line

Getting fined by the DBPR is a wake-up call that no HOA wants to experience. Even small mistakes—like a typo in a meeting notice—can lead to big consequences. If your HOA hasn’t been fined yet, consider this a warning to double-check your processes and ensure full compliance.

Has your HOA ever faced fines from the DBPR? How did you handle it?