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Florida Governor Ron DeSantis to Sign New Homeowners' Associations Bill of Rights, Strengthening Oversight on HOA Boards

Michael Mayoral and Erik Perez, the founding partners and leading HOA dispute attorneys of Perez Mayoral, P.A.

Michael Mayoral and Erik Perez, the founding partners and leading HOA dispute attorneys of Perez Mayoral, P.A.

Governor DeSantis set to empower homeowners with new rights, enhancing HOA board oversight in Florida with significant legislation

CORAL GABLES, FLORIDA, UNITED STATES, May 25, 2023/ -- Perez Mayoral, P.A., one of the few Florida law firms specializing in homeowners' representation in disputes with their Homeowners' Associations (HOAs), applauds the passing of SB 1114/HB 919, a pivotal piece of legislation soon to be signed by Florida Governor Ron DeSantis. The law, titled the "Homeowners' Associations Bill of Rights," is a vital development that will intensify oversight on HOA boards, ensuring greater transparency and accountability.

The recent legislative initiative seemingly arises in the aftermath of the scandalous Hammocks HOA fraud case in Kendall filed in Miami-Dade County court (Court Case No.: F22-020912-A, F22-020912-B, F22-020912-C, F22-020912-D, F22-020912-E). This alarming instance, involving a gross misappropriation of $3 million, highlights the pressing need for more stringent HOA supervision. The upcoming law aims to penalize any HOA officer, director, or manager who knowingly seeks or receives kickbacks. It also criminalizes fraudulent election activities, making it a first-degree misdemeanor to aid in unethical election practices, such as ballot tampering and vote manipulation.

Erik Perez and Michael Mayoral, the founding partners and leading HOA dispute attorneys of Perez Mayoral, P.A., stated, "We are devoted to protecting the rights of homeowners in Florida. This legislation is a significant stride in preventing financial misconduct and promoting equitable governance within HOAs. We wholeheartedly support the provisions delineated in SB 1114/HB 919 and look forward to its effective implementation."

The firm particularly commends the provision for upholding financial transparency. The bill mandates that any deposit collected from a member by the HOA be segregated and not commingled with other association funds. It also demands that an accounting be provided to the member upon request within seven days. These stipulations will curtail the risk of financial misuse and enhance accountability.

Furthermore, the legislation takes a strong stand against conflicts of interest. It mandates that any HOA director or officer must disclose activities that could be perceived as a conflict of interest at least 14 days before voting on an issue or entering into a contract subject to the conflict. This provision is crucial to prevent self-dealing and the manipulation of contracts for personal advantage.

Lastly, the introduction of penalties for fraudulent voting activities is a significant move in preserving the democratic integrity of HOA elections. It explicitly criminalizes practices such as false swearing, fraudulent alteration of ballots, and attempts to unduly influence or intimidate members during voting.

This piece of legislation arrives on the heels of another bill signed by Governor Ron DeSantis, HB837, which has been labeled by many Florida attorneys as "a give away to the insurance companies." Critics argue that HB837 diminishes Florida citizens' negotiating power against their insurance companies, shifting the balance in favor of insurance providers at the expense of policyholders.

However, SB 1114/HB 919, the "Homeowners' Associations Bill of Rights," presents a stark contrast to the insurance legislation. Rather than favoring a powerful entity, this bill empowers homeowners in their interactions with their Homeowners' Associations. In signing this legislation, Governor DeSantis seems to be striking a balance between interests in the state - albeit with the two bills leaning towards different directions. The impact of these contrasting bills remains to be seen, but for homeowners and homeowner’s HOA dispute attorneys, the advent of the HOA Bill of Rights brings a welcome layer of protection and empowerment.

"At Perez Mayoral, P.A., we take pride in supporting legislation that safeguards the rights of homeowners," said Perez and Mayoral. "As dedicated homeowner’s HOA dispute attorneys, we remain committed to seeking justice for homeowners in their disputes with HOAs and ensuring their interests are effectively represented."

About Perez Mayoral, P.A.

Founded by experienced South Florida attorneys Erik Perez and Michael Mayoral, Perez Mayoral, P.A. has gained distinction as one of the few Florida law firms specializing in homeowners' representation in disputes with Homeowners' Associations (HOAs) and Condominium Owners Associations (COAs). This focus fills a significant gap in the Florida legal landscape, which often sees homeowners feeling unrepresented or unheard in their conflicts with HOAs. With a track record that includes high-profile, multi-million dollar disputes, Perez Mayoral, P.A. continuously stands up for homeowners' rights. If homeowners need assistance with HOA or Condominium Association litigation, Perez Mayoral, P.A. invites them to contact their law firm today.

Media Contact: Natalia Lopez
Perez Mayoral, P.A.
+1 305-928-1077
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