Avoiding Fines: Common Mistakes Florida Associations Make with DBPR Compliance

If you’re not careful, your association could end up paying penalty fees that it didn’t anticipate

Every Florida condo and HOA board knows the name—but not every board fully understands the weight behind it. The Florida Department of Business and Professional Regulation (DBPR) is the regulatory agency that governs how condominium associations operate, and their oversight is no joke. From improper board elections to financial mismanagement, small oversights can turn into costly compliance violations. The good news? Most issues are avoidable—with the right guidance.

At Condominium Associates, we’ve worked with hundreds of boards across Florida to navigate DBPR compliance and avoid preventable penalties. And we can help you, too.

Not sure where your community stands? Request a compliance review today and get peace of mind before your next annual report or audit.

Understanding the DBPR’s Role

The Florida DBPR regulates everything from community associations to licensed professionals like CAMs (Community Association Managers). Their Division of Condominiums, Timeshares, and Mobile Homes ensures that Florida condo associations follow state statutes—particularly Chapter 718, Florida Statutes, which governs condominium law. You can read the statute directly at Online Sunshine.

Compliance isn’t just about knowing the rules—it’s about knowing how they’re enforced. Fines can be issued for something as simple as not properly noticing a board meeting or failing to file your annual financial report.

Common Compliance Pitfalls That Lead to Fines

Why didn't we do anything about this simple mistake?

One of the most frequent violations involves financial reporting. Florida law requires certain financial statements depending on your association’s size and revenue. The Florida Auditor General explains the tiers clearly—but many self-managed communities still get it wrong. Missing your annual report deadline, which must be filed with the Florida Division of Corporations, can also trigger late fees or administrative dissolution.

Another red flag: election mishandling. Board elections must follow strict timelines and notification procedures. Resources like the Florida Condominium Election Brochure can walk you through the basic requirements.

Still, even something as simple as not making official records available can bring trouble. Florida law mandates that associations maintain certain records for at least seven years and make them accessible to owners within ten business days of a written request. More on that can be found at Florida's official DBPR FAQ.

Technology Missteps and Transparency Gaps

Failure to maintain a compliant association web page is another issue. Florida law (Section 718.111(12)(g)) requires associations with 25 or more units to maintain a specific page on a website. The Community Association Institute’s Florida chapter offers webinars and guidance on setting up legally compliant digital platforms.

Still using outdated bookkeeping systems? Inaccurate ledgers or failure to use accrual-based accounting (if required by statute) may draw scrutiny from auditors or lead to disputes. The Florida Institute of CPAs offers continuing education for board treasurers and management companies on staying compliant.

Set up a simple webpage, save yourself from complicated headaches

Not All Education Is Equal

Board members often assume that ignorance of the law is an excuse. It’s not. New board members must complete a Board Member Certification within 90 days of election or appointment. The course can be done through many DBPR-approved educators like Florida CAM Schools or Lorman Education. It’s worth noting that free resources are available, too, including legislative updates from the Florida Community Association Journal.

Training isn’t just about checking a box. Staying up-to-date with Florida Administrative Code changes or new legal interpretations helps your association stay proactive. Even seemingly small law shifts—like new reserve study requirements or hurricane shutter rules—can expose your association to fines or legal disputes if overlooked. Learn more on how state law has evolved in this 2024 legislative summary.

How to Proactively Stay in Compliance

Maintaining compliance starts with staying organized. Associations should maintain their records with cloud-based backups and have systems for tracking due dates for filings and reports. The State Library and Archives of Florida even offers templates and best practices for long-term recordkeeping.

Vendor selection matters, too. Only use licensed professionals and verify their status on the Florida License Search Portal. Whether you’re hiring a new CAM, engineer, or reserve specialist, don’t skip this step.

It’s also a good idea to periodically review DBPR newsletters, which include summaries of disciplinary actions and policy updates. You can subscribe via their email updates page.

And when in doubt? Call or email the DBPR’s help desk or legal hotline. It’s not always about avoiding punishment—it’s about making sure your community is truly protected.

Worried your association might be at risk of fines or reporting violations? Request a proposal with our experienced team at Condominium Associates today.

FAQ’s

1. What is the DBPR and what does it oversee?
The DBPR is Florida’s Department of Business and Professional Regulation. It regulates condominium associations, board members, and community association managers, among other licensed professions.

2. What’s the most common reason an association is fined by the DBPR?
Failure to provide proper financial reporting or not following election protocols are two of the most common violations.

3. Are Florida associations required to have a webpage?
Associations with 25 or more units must maintain a webpage that contains specific records accessible to members.

4. How often do associations need to file with the state?
Annually. Each year, an association must file an annual report with the Florida Division of Corporations.

5. What records must be made available to owners upon request?
Most official records, including meeting minutes, budgets, and financial reports, must be provided within 10 business days upon written request.

6. What kind of accounting method is required?
This depends on the size and income of the association. Larger associations typically must use accrual-based accounting.

7. How can I verify if a CAM or vendor is licensed in Florida?
You can search the Florida DBPR’s License Verification Portal to confirm credentials.

8. Do board members need to take a class?
Yes. Newly elected or appointed board members must complete a certification course within 90 days.

9. What happens if we don’t comply with DBPR rules?
You could face monetary fines, legal actions, or even administrative penalties such as being placed under receivership.

10. Where can I learn about legislative changes that affect HOAs and condos?
The Florida Community Association Journal and law firms like Becker Law provide regular updates on legislative changes.