HOA Crimes in Florida: What Property Owners and Board Members Need to Know
As experienced criminal attorneys, we represent clients facing charges related to homeowners’ associations (HOAs). Florida’s new HOA law took effect on July 1, 2024, as part of several New 2024 Florida Criminal Laws that property owners, board members, and community association managers should understand. Because these changes created new criminal penalties for certain HOA-related misconduct, understanding both existing and new criminal exposure is more important than ever.
New Criminal Penalties Under Florida’s 2024 HOA Law
Florida’s HB 1203 introduced several new criminal offenses for HOA-related misconduct:
Record-Keeping Violations
Under Florida Statutes § 720.303(5), certain records violations can lead to criminal charges:
- A director, association member, or community association manager commits a second-degree misdemeanor by knowingly, willfully, and repeatedly violating the records-access requirements with intent to harm the association or a member. “Repeatedly” means at least two violations within 12 months.
- Knowingly and intentionally defacing or destroying accounting records during the required retention period, or knowingly or intentionally failing to create or maintain required accounting records, is a first-degree misdemeanor when done with intent to harm the association or a member.
- Knowingly and willfully withholding association records to escape detection, arrest, trial, or punishment for a crime, or to help someone else do so, is a third-degree felony.
Kickbacks and Bribes
Under Florida Statutes § 720.3033(3), an HOA officer, director, or manager commits a third-degree felony by knowingly soliciting, offering to accept, or accepting a kickback. This includes an unpaid-for item or service benefiting that person or an immediate family member, supplied by someone who provides or proposes to provide goods or services to the association. The law allows limited exceptions for certain meeting meals and items received through trade fairs or education programs.
The ordinary maximum penalties are five years in prison and a $5,000 fine, although enhanced penalties or a higher fine may apply when authorized by law.
Removal does not require a conviction. The board must immediately remove an officer or director if it finds a kickback violation. An officer or director must also be removed when formally charged by information or indictment with a crime covered by § 720.3033(4), subject to the statute’s reinstatement rules.
Pre-Existing Criminal Penalties for HOA-Related Offenses
Even before the 2024 law, several HOA-related activities could result in criminal charges:
Embezzlement and Theft
Board members accused of stealing HOA funds can face grand theft charges when the amount is $750 or more. Theft of $100,000 or more is first-degree grand theft, ordinarily punishable by up to 30 years in prison. Courts generally must order restitution for covered losses unless they find clear and compelling reasons not to do so.
Fraud
Conduct that may support criminal fraud charges, depending on the facts and the elements of the offense, includes:
- Falsifying HOA financial records
- Submitting fraudulent invoices
- Making false statements in official HOA documents
Election Fraud
Florida Statutes § 720.3065 makes specified acts of HOA election fraud first-degree misdemeanors. Examples include fraudulently changing a member’s ballot, buying votes, and using threats or intimidation to influence whether or how a member votes. These offenses can apply to anyone who commits the prohibited acts, including board members.
Common Defenses in HOA Criminal Cases
Our firm handles HOA-related criminal defense cases. Common defense strategies include:
- Lack of criminal intent
- Accounting errors rather than intentional misconduct
- Proper authorization for questioned transactions
- Compliance with governing documents
- Statute of limitations
Protecting Your Rights
If you’re an HOA board member or property owner under criminal investigation, take these steps to protect yourself:
- Do not speak with investigators without an attorney present
- Preserve all relevant documents
- Do not alter or destroy any records
- Contact an experienced criminal defense attorney immediately
Legal Representation for HOA Criminal Matters
Our Miami criminal defense attorneys understand both HOA law and criminal defense. We work to:
- Protect your rights throughout investigation and prosecution
- Challenge evidence and procedures
- Negotiate with prosecutors when appropriate
- Defend you aggressively at trial if necessary
The intersection of HOA regulations and criminal law requires specialized knowledge. We help clients understand their rights and options while building strong defenses against HOA-related charges.
If you’re facing HOA-related criminal charges or are under investigation, contact our experienced Miami criminal defense firm immediately. Early intervention can lead to better outcomes in these complex cases.
CALL US for a FREE CONFIDENTIAL CONSULTATION at (305) 538-4545, or take a moment to fill out our secure intake form. The sooner you have experienced legal representation, the better your chances of resolving these charges favorably. The additional information you provide will greatly assist us in responding to your inquiry.*
*Due to the large number of people who contact our law office requesting our assistance in theft crime cases, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry promptly and appropriately.
ALWAYS INVESTIGATE A CRIMINAL DEFENSE ATTORNEY’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A THEFT LAWYER FOR YOUR PROPERTY CRIMES CASE MIAMI-DADE COUNTY
