Homeowners’ Associations - DBPR Statutes and Rules

The Florida Department of Business and Professional Regulation (DBPR) is primarily responsible for overseeing condominiums, cooperatives, timeshares, and mobile homes through its Division of Florida Condominiums, Timeshares, and Mobile Homes. Homeowners’ associations (HOAs), while governed by specific Florida Statutes, are not directly under the regulatory authority of the DBPR in the same manner as condos and co-ops. Instead, they have a more limited oversight.

Statutes: For homeowners’ associations, the primary legal framework is provided by:

• Chapter 720, Florida Statutes: Known as the "Homeowners' Association Act." This chapter addresses the creation, organization, and operation of homeowners' associations in Florida. It covers topics such as membership, voting rights, assessments, covenant enforcement, and board member duties.

DBPR's Limited Role: While the DBPR does not have a comprehensive regulatory role over homeowners' associations, there are certain limited areas where it does have jurisdiction, such as:

1. Ensuring the provision of an education curriculum for homeowners' association board members.
2. Arbitration of certain disputes between a member and the homeowners' association under the mandatory non-binding arbitration process.

Administrative Rules: Given the limited oversight role, the DBPR doesn't have a comprehensive set of administrative rules in the Florida Administrative Code specifically for homeowners' associations in the same detailed manner it does for condominiums and cooperatives.

That being said, homeowners' associations and their members should be familiar with Chapter 720, Florida Statutes, to understand their rights, obligations, and the general operation of the association. Moreover, it's essential to remember that while the DBPR provides some oversight and assistance for homeowners' associations, most of the day-to-day operations and governance fall to the association's board of directors and their governing documents.