SESSION WATCH
THE BILL ITSELF

SB 906

Homeowners’ Associations

VERSION S 906 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

Florida Senate - 2026 SB 906 By Senator Garcia 36-01002-26 2026906__
1 A bill to be entitled
2 An act relating to homeowners’ associations; creating
3 s. 720.3024, F.S.; creating the Office of the
4 Homeowners’ Association Ombudsman within the Division
5 of Florida Condominiums, Timeshares, and Mobile Homes
6 of the Department of Business and Professional
7 Regulation; providing for funding of the office;
8 directing the Governor to appoint the ombudsman;
9 requiring that the ombudsman be an attorney admitted
10 to practice before the Florida Supreme Court;
11 prohibiting the ombudsman, officers, or full-time
12 employees of the office from holding certain
13 positions, engaging in certain activities, or
14 receiving certain remuneration; providing for the
15 principal location of the ombudsman’s office;
16 authorizing the ombudsman to establish branch offices
17 upon the concurrence of the Governor; specifying the
18 powers and duties of the ombudsman; providing a
19 process for monitoring homeowners’ association
20 elections; providing for the appointment of an
21 election monitor to attend an annual meeting of parcel
22 owners and to conduct the election of directors;
23 requiring that an association subject to election
24 monitoring pay all costs associated with the process;
25 requiring the division to adopt rules; creating s.
26 720.3025, F.S.; providing the duties of the division
27 relating to the development, construction, sale,
28 lease, ownership, operation, and management of
29 residential parcels and complaints; providing that the
30 division has complete jurisdiction to investigate
31 complaints and enforce compliance over associations
32 still under developer control; specifying the
33 jurisdiction of the division to review records and
34 investigate complaints after turnover; authorizing the
35 division to conduct necessary investigations within or
36 outside this state with specified analysts to make
37 certain determinations or to aid in the enforcement of
38 rules or forms; authorizing the division to require or
39 authorize any person to file a statement in writing
40 under oath for such investigations; authorizing
41 specified employees of the division to take certain
42 actions reasonably calculated to lead to the discovery
43 of material evidence; authorizing the division to
44 apply to the circuit court for an order compelling
45 compliance of such actions; authorizing the division
46 to institute enforcement proceeding in its own name
47 against certain persons; specifying the actions the
48 division may take and penalties the division may
49 impose in such proceedings; defining the term
50 “willfully and knowingly”; requiring the division to
51 provide officers or board members an opportunity to
52 voluntarily comply within a specified timeframe before
53 being subject to civil penalties; specifying the
54 manner in which penalties may be imposed; prohibiting
55 such penalties from exceeding a specified sum;
56 requiring the division to adopt rules regarding
57 penalty guidelines; specifying the criteria for such
58 guidelines; requiring that all amounts recovered be
59 deposited with the Chief Financial Officer to the
60 credit of the Division of Florida Condominiums,
61 Timeshares, and Mobile Homes Trust Fund; requiring the
62 division to order a developer who fails to pay the
63 civil penalties to cease and desist from further
64 operation until the civil penalties are paid or to
65 pursue enforcement of the penalties in court;
66 requiring the division to pursue enforcement in a
67 court of competent jurisdiction if an association
68 fails to pay its civil penalties; specifying when the
69 cease and desist order or the order from the court
70 imposing such penalties becomes effective; specifying
71 where such action must be brought; requiring the
72 division to issue a subpoena to require production of
73 certain records if a parcel owner presents the
74 division with proof that the parcel owner has not
75 received a copy of the official records after the
76 parcel owner requested access to official records in
77 writing by certified mail within a specified
78 timeframe; requiring the division to provide the
79 parcel owner access to such records without charge;
80 authorizing the division to seek additional civil
81 penalties; specifying the monetary range of such
82 penalties; authorizing the court to award certain
83 costs and fees to the prevailing party; authorizing
84 the division to issue citations and adopt rules;
85 requiring the division to provide training and
86 educational programs for homeowners’ association board
87 members and parcel owners; authorizing that such
88 training and education may be web-based electronic
89 media or live training and seminars in various
90 locations; authorizing the division to review and
91 approve the education and training programs and
92 maintain a current list available to board members and
93 parcel owners of approved programs and providers;
94 requiring the division to provide the division
95 approved provider with the template certificate for
96 issuance directly to the association’s board of
97 directors who have satisfactorily completed certain
98 required education and training; requiring the
99 division to adopt rules; requiring the division to
100 maintain a toll-free telephone number accessible to
101 parcel owners; requiring the division to conduct an
102 inquiry if a complaint is made, with due regard for
103 the interests of the affected party; requiring the
104 division to acknowledge the complaint and include in
105 such acknowledgment certain information within a
106 specified timeframe; requiring the division to conduct
107 its investigation within a specified timeframe;
108 providing that failure to complete its investigation
109 within the specified timeframe does not prevent the
110 division from continuing its investigation if
111 reasonable cause exists to believe that a violation
112 has occurred; requiring the division to notify the
113 complainant on a monthly basis and report certain
114 information; authorizing the division to adopt rules;
115 providing that certain persons of homeowners’
116 associations and community association firms have an
117 ongoing duty to reasonably cooperate with the division
118 in such investigations; requiring the division to
119 refer to local law enforcement authorities any person
120 who it has reason to believe is impeding its
121 investigation or is engaging in certain criminal
122 activity; authorizing certain division employees or
123 employees of the Office of the Homeowners’ Association
124 Ombudsman to attend and observe any meeting of the
125 board of administration or any parcel owner meeting if
126 such meetings are open to members of the association
127 for a specified purpose; authorizing the division to
128 contract with agencies in this state or other
129 jurisdictions to perform its investigative functions;
130 authorizing the division to accept grants-in-aid from
131 any source; requiring the division to cooperate with
132 similar agencies in other jurisdictions for a
133 specified purpose; providing the criteria that the
134 division considers notice to a developer to be
135 complete; authorizing the division to issue a notice
136 to show cause; requiring that a notice to show cause
137 provide for a hearing upon written request;
138 authorizing the division to request access to an
139 association’s website or application to investigate
140 complaints regarding access to the association’s
141 official records; authorizing the division to adopt
142 rules; requiring the directors of an association to
143 certify that each director has completed the written
144 certification and educational certificate
145 requirements; providing applicability; requiring all
146 homeowners’ associations to create and maintain an
147 online account with the division; requiring all
148 homeowners’ associations to provide specified
149 information to the division by a specified date;
150 requiring that such information be updated within a
151 specified timeframe; authorizing the division to
152 require homeowners’ associations to provide certain
153 information to the division; specifying the
154 information to be provided to the division; providing
155 an effective date.
157 Be It Enacted by the Legislature of the State of Florida:
159 Section 1. Section 720.3024, Florida Statutes, is created
160 to read:
161 720.3024 Office of the Homeowners’ Association Ombudsman.—
162 (1) ADMINISTRATION; APPOINTMENT; LOCATION.—
163 (a) There is created the Office of the Homeowners’
164 Association Ombudsman to be located, for administrative
165 purposes, within the Division of Florida Condominiums,
166 Timeshares, and Mobile Homes of the Department of Business and
167 Professional Regulation. The functions of the office shall be
168 funded by the General Appropriations Act.
169 (b) The Governor shall appoint the ombudsman. The ombudsman
170 must be an attorney admitted to practice before the Florida
171 Supreme Court and shall serve at the pleasure of the Governor.
172 The ombudsman, or an officer or a full-time employee of the
173 ombudsman’s office, may not actively engage in any other
174 business or profession that directly or indirectly relates to or
175 conflicts with his or her work in the ombudsman’s office; serve
176 as the representative or an executive, officer, or employee of
177 any political party, executive committee, or other governing
178 body of a political party; receive remuneration for activities
179 on behalf of any candidate for public office; or engage in
180 soliciting votes or other activities on behalf of a candidate
181 for public office. The ombudsman, an officer, or a full-time
182 employee of the ombudsman’s office may not become a candidate
183 for election to public office unless he or she first resigns
184 from his or her office or employment.
185 (c) The ombudsman shall maintain his or her principal
186 office at a location convenient to the department, which will
187 enable the ombudsman to carry out expeditiously the duties and
188 functions of his or her office. The ombudsman may establish
189 branch offices elsewhere in this state upon the concurrence of
190 the Governor.
191 (2) POWERS AND DUTIES.—The ombudsman has the powers
192 necessary to carry out the duties of his or her office,
193 including, but not limited to:
194 (a) Having access to and use of all files and records of
195 the division.
196 (b) Employing professional and clerical staff as necessary
197 for the efficient operation of the office.
198 (c) Preparing and issuing reports and recommendations to
199 the Governor, the department, the President of the Senate, and
200 the Speaker of the House of Representatives on any matter or
201 subject within the jurisdiction of this chapter.
202 (d) Acting as a liaison between the department, parcel
203 owners, boards of directors, board members, community
204 association managers, and other affected parties. The ombudsman
205 shall develop policies and procedures to assist parcel owners,
206 boards of directors, board members, community association
207 managers, and other affected parties in understanding their
208 rights and responsibilities as set forth in this chapter and in
209 the governing documents of their respective associations. The
210 ombudsman shall coordinate and assist in the preparation and
211 adoption of educational and reference materials and shall
212 endeavor to coordinate with private or volunteer providers of
213 such services so that the availability of such resources is made
214 known to the largest possible audience.
215 (e) Monitoring and reviewing procedures and disputes
216 concerning association elections or meetings, including, but not
217 limited to, recommending that the division pursue enforcement
218 action in any manner if there is reasonable cause to believe
219 that election misconduct has occurred and reviewing secret
220 ballots cast at a vote of the association.
221 (f) Making recommendations to the division for changes in
222 rules and procedures for the filing, investigation, and
223 resolution of complaints filed by parcel owners, associations,
224 or managers.
225 (g) Providing resources to assist members of boards of
226 directors and officers of associations to carry out their powers
227 and duties consistent with this chapter and the governing
228 documents of their respective associations.
229 (h) Encouraging and facilitating voluntary meetings between
230 parcel owners, boards of directors, board members, community
231 association managers, and other affected parties when the
232 meetings may assist in resolving a dispute within a homeowners’
233 association before a person submits a dispute for a formal or
234 administrative remedy. The ombudsman shall act as a neutral
235 resource for the rights and responsibilities of parcel owners,
236 associations, and board members.
237 (i) Assisting with the resolution of disputes between
238 parcel owners and their association, or between parcel owners,
239 if applicable.
240 (j) Appointing an election monitor.
241 (3) ELECTION MONITORING.—
242 (a) Fifteen percent of the total voting interests in a
243 homeowners’ association, or six parcel owners, whichever is
244 greater, may petition the ombudsman to appoint an election
245 monitor to attend the annual meeting of the parcel owners and
246 conduct the election of directors.
247 (b) The ombudsman shall appoint a division employee, a
248 person who specializes in homeowners’ association election
249 monitoring, or an attorney licensed to practice in this state as
250 the election monitor.
251 (c) The association shall pay all costs associated with the
252 election monitoring process.
253 (d) The division shall adopt rules establishing procedures
254 for the appointment of election monitors and the scope of the
255 monitor’s role in the election process, and essential duties
256 therein.
257 Section 2. Section 720.3025, Florida Statutes, is created
258 to read:
259 720.3025 Authority, responsibility, and duties of Division
260 of Florida Condominiums, Timeshares, and Mobile Homes.—
261 (1) The division may enforce and ensure compliance with
262 this chapter and rules relating to the development,
263 construction, sale, lease, ownership, operation, and management
264 of residential parcels and complaints. In performing its duties,
265 the division has complete jurisdiction to investigate complaints
266 and enforce compliance with respect to associations that are
267 still under developer control involving improper turnover or
268 failure to turn over under s. 720.307. However, after turnover
269 has occurred, the division has jurisdiction to review records
270 and investigate complaints related only to:
271 (a)1. Procedural aspects and records relating to financial
272 issues, including annual financial reporting under ss.
273 720.303(7) and 720.3086; assessments for common expenses, fines,
274 and commingling of reserve and operating funds under s.
275 720.303(8); use of debit cards for unintended purposes under s.
276 720.303(13); the annual operating budget and the allocation of
277 reserve funds under s. 720.303(6); financial records under s.
278 720.303(4)(a)10.; and any other record necessary to determine
279 the revenues and expenses of the association.
280 2. Elections, including election and voting requirements
281 under ss. 720.303(2) and 720.306, recall of board members under
282 s. 720.303(10), electronic voting under s. 720.317, and
283 elections that occur during an emergency under s. 720.316(1)(a).
284 3. The maintenance of and parcel owner access to
285 association records under s. 720.303(4).
286 4. The procedural aspects of meetings, including parcel
287 owner meetings, quorums, voting requirements, proxies, board of
288 administration meetings, budget meetings, and the right to speak
289 at such meetings under s. 720.303(2) and s. 720.306.
290 5. The disclosure of conflicts of interest under s.
291 720.3033(6).
292 6. The removal of a board member or officer under ss.
293 720.3033(3) and (4).
294 7. Any written inquiry by parcel owners to the association
295 relating to such matters, including written inquiries.
296 8. The requirement under s. 720.3033(5) for associations to
297 maintain an insurance policy or fidelity bonding for all persons
298 who control or disperse funds of the association.
299 9. Board member education requirements under s.
300 720.3033(1).
301 (b)1. The division may conduct necessary public or private
302 investigations within or outside this state to determine whether
303 any person has violated this chapter or any rule or order
304 hereunder, to aid in the enforcement of this chapter, or to aid
305 in the adoption of rules or forms.
306 2. The division may submit any official written report,
307 worksheet, or other related paper, or a duly certified copy
308 thereof, compiled, prepared, drafted, or otherwise made and duly
309 authenticated by a financial examiner or analyst to be admitted
310 as competent evidence in any hearing in which the financial
311 examiner or analyst is available for cross-examination and
312 attests under oath that such documents were prepared as a result
313 of an examination or inspection conducted pursuant to this
314 chapter.
315 (c) The division may require or authorize any person to
316 file a statement in writing, under oath or otherwise, as the
317 division determines, as to the facts and circumstances
318 concerning a matter being investigated.
319 (d) For the purpose of any investigation under this
320 chapter, the division director or any officer or employee
321 designated by the division director may administer oaths or
322 affirmations, subpoena witnesses and compel their attendance,
323 take evidence, and require the production of any matter which is
324 relevant to the investigation, including the existence,
325 description, nature, custody, condition, and location of any
326 book, document, or other tangible thing and the identity and
327 location of persons having knowledge of relevant facts or any
328 other matter reasonably calculated to lead to the discovery of
329 material evidence. Upon the failure by a person to obey a
330 subpoena or to answer questions propounded by the investigating
331 officer and upon reasonable notice to all affected persons, the
332 division may apply to the circuit court for an order compelling
333 compliance.
334 (e) Notwithstanding any remedy available to parcel owners
335 and associations, if the division has reasonable cause to
336 believe that a violation of any provision of this chapter or
337 related rule has occurred, the division may institute
338 enforcement proceedings in its own name against any developer,
339 association, officer, or member of the board of administration,
340 or its assignees or agents, as follows:
341 1. The division may permit a person whose conduct or
342 actions may be under investigation to waive formal proceedings
343 and enter into a consent proceeding whereby orders, rules, or
344 letters of censure or warning, whether formal or informal, may
345 be entered against the person.
346 2. The division may issue an order requiring the developer,
347 association, developer-designated officer, or developer
348 designated member of the board of administration, developer
349 designated assignees or agents, community association manager,
350 or community association management firm to cease and desist
351 from the unlawful practice and take such affirmative action as
352 in the judgment of the division will carry out the purposes of
353 this chapter. If the division finds that a developer, an
354 association, an officer, or a member of the board of
355 administration, or its assignees or agents, is violating or is
356 about to violate any provision of this chapter, any rule adopted
357 or order issued by the division, or any written agreement
358 entered into with the division, and presents an immediate danger
359 to the public requiring an immediate final order, it may issue
360 an emergency cease and desist order reciting with particularity
361 the facts underlying such findings. The emergency cease and
362 desist order is effective for 90 days. If the division begins
363 nonemergency cease and desist proceedings, the emergency cease
364 and desist order remains effective until the conclusion of the
365 proceedings under ss. 120.569 and 120.57.
366 3. If a developer fails to pay any restitution determined
367 by the division to be owed, plus any accrued interest at the
368 highest rate permitted by law, within 30 days after expiration
369 of any appellate time period of a final order requiring payment
370 of restitution or the conclusion of any appeal thereof,
371 whichever is later, the division must bring an action in circuit
372 or county court on behalf of any association, class of parcel
373 owners, lessees, or purchasers for restitution, declaratory
374 relief, injunctive relief, or any other available remedy.
375 4. The division may petition the court for appointment of a
376 receiver or conservator. If appointed, the receiver or
377 conservator may take action to implement the court order to
378 ensure the performance of the order and to remedy any breach
379 thereof. In addition to all other means provided by law for the
380 enforcement of an injunction or a temporary restraining order,
381 the circuit court may impound or sequester the property of a
382 party defendant, including books, papers, documents, and related
383 records, and allow the examination and use of the property by
384 the division and a court-appointed receiver or conservator.
385 5. The division may apply to the circuit court for an order
386 of restitution whereby the defendant in an action brought under
387 subparagraph 3. is ordered to make restitution of those sums
388 shown by the division to have been obtained by the defendant in
389 violation of this chapter. At the option of the court, such
390 restitution is payable to the conservator or receiver appointed
391 under subparagraph 4. or directly to the persons whose funds or
392 assets were obtained in violation of this chapter.
393 6. The division may impose a civil penalty against a
394 developer, or an association or its assignee or agent, for any
395 violation of this chapter or related rule. The division may
396 impose a civil penalty individually against an officer or a
397 board member who willfully and knowingly violates this chapter,
398 an adopted rule, or a final order of the division; may order the
399 removal of such individual as an officer or a member of the
400 board of administration or as an officer of the association; and
401 may prohibit such individual from serving as an officer or a
402 member of the board of a community association for a period of
403 time. The term “willfully and knowingly” means that the division
404 informed the officer or board member that his or her action or
405 intended action violates this chapter, a rule adopted under this
406 chapter, or a final order of the division and that the officer
407 or board member refused to comply with the requirements of this
408 chapter, a rule adopted under this chapter, or a final order of
409 the division. The division, before initiating formal agency
410 action under chapter 120, must provide the officer or board
411 member an opportunity to voluntarily comply, and an officer or
412 board member who complies within 10 days after notification is
413 not subject to a civil penalty. A penalty may be imposed on the
414 basis of each day of continuing violation, but the penalty for
415 any offense may not exceed $5,000. The division shall adopt by
416 rule penalty guidelines applicable to possible violations or to
417 categories of violations of this chapter or rules adopted by the
418 division. The guidelines must specify a meaningful range of
419 civil penalties for each such violation of the law and rules and
420 must be based upon the harm caused by the violation, upon the
421 repetition of the violation, and upon such other factors deemed
422 relevant by the division, including, but not limited to, whether
423 the violations were committed by a developer or an owner
424 controlled association, the size of the association, and the
425 duration of the violations. The guidelines must designate the
426 possible mitigating or aggravating circumstances that justify a
427 departure from the range of penalties provided by the rules. It
428 is the legislative intent that minor violations be distinguished
429 from those which endanger the health, safety, or welfare of the
430 homeowners’ association residents or other persons and that such
431 guidelines provide reasonable and meaningful notice to the
432 public of likely penalties that may be imposed for proscribed
433 conduct. This subsection does not limit the ability of the
434 division to informally dispose of administrative actions or
435 complaints by stipulation, agreed settlement, or consent order.
436 All amounts collected must be deposited with the Chief Financial
437 Officer to the credit of the Division of Florida Condominiums,
438 Timeshares, and Mobile Homes Trust Fund. If a developer fails to
439 pay the civil penalty and the amount deemed to be owed to the
440 association, the division must issue an order directing that
441 such developer cease and desist from further operation until
442 such time as the civil penalty is paid, or the division may
443 pursue enforcement of the penalty in a court of competent
444 jurisdiction. If an association fails to pay the civil penalty,
445 the division must pursue enforcement in a court of competent
446 jurisdiction, and the order imposing the civil penalty or the
447 cease and desist order is not effective until 20 days after the
448 date of such order. Any action commenced by the division must be
449 brought in the county in which the division has its executive
450 offices or in the county in which the violation occurred.
451 7. If a parcel owner presents the division with proof that
452 the parcel owner has requested access to official records in
453 writing by certified mail, and that after 10 days the parcel
454 owner has again made the same request for access to official
455 records in writing by certified mail, and that more than 10 days
456 have elapsed since the second request and the association has
457 still failed or refused to provide access to official records as
458 required by this chapter, the division must issue a subpoena
459 requiring production of the requested records at the location in
460 which the records are kept pursuant to s. 720.303. Upon receipt
461 of the records, the division must provide to the parcel owner
462 who was denied access to such records the produced official
463 records without charge.
464 8. In addition to subparagraph 6., the division may seek
465 the imposition of a civil penalty through the circuit court for
466 any violation for which the division may issue a notice to show
467 cause under paragraph (o). The civil penalty must be at least
468 $500 but no more than $5,000 for each violation. The court may
469 also award to the prevailing party court costs and reasonable
470 attorney fees and, if the division prevails, may also award
471 reasonable costs of investigation.
472 9. The division may issue citations and adopt rules to
473 provide for citation bases and citation procedures in accordance
474 with this paragraph.
475 (f) The division may adopt rules to administer and enforce
476 this chapter.
477 (g) The division shall provide training and educational
478 programs for homeowners’ association board members and parcel
479 owners. The training and education may, in the division’s
480 discretion, include web-based electronic media and live training
481 and seminars in various locations throughout this state. The
482 division may review and approve education and training programs
483 for board members and parcel owners offered by providers and
484 shall maintain a current list of approved programs and providers
485 and make such list available to board members and parcel owners
486 in a reasonable and cost-effective manner. The division shall
487 provide the division-approved provider with the template
488 certificate for issuance directly to an association’s board
489 members who have satisfactorily completed the requirements under
490 s. 720.306. The division shall adopt rules to implement this
491 paragraph.
492 (h) The division shall maintain a toll-free telephone
493 number accessible to parcel owners.
494 (i) If a complaint is made, the division must conduct its
495 inquiry with due regard for the interests of the affected
496 parties. Within 30 days after receipt of a complaint, the
497 division shall acknowledge the complaint in writing and notify
498 the complainant whether the complaint is within the jurisdiction
499 of the division and whether the division needs additional
500 information from the complainant. The division shall conduct its
501 investigation and, within 90 days after receipt of the original
502 complaint or requested additional information, take action upon
503 the complaint. However, the failure to complete the
504 investigation within 90 days does not prevent the division from
505 continuing its investigation, accepting or considering evidence
506 obtained or received after 90 days, or taking administrative
507 action if reasonable cause exists to believe that a violation of
508 this chapter or a rule has occurred. If an investigation is not
509 completed within the time limits established in this paragraph,
510 the division must, on a monthly basis, notify the complainant in
511 writing of the status of the investigation. When reporting its
512 action to the complainant, the division shall inform the
513 complainant of any right to a hearing under ss. 120.569 and
514 120.57. The division may adopt rules regarding the submission of
515 a complaint against an association.
516 (j) Homeowners’ association directors, officers, and
517 employees; developers; community association managers; and
518 community association management firms have an ongoing duty to
519 reasonably cooperate with the division in any investigation
520 under this section. The division shall refer to local law
521 enforcement authorities any person who the division believes has
522 altered, destroyed, concealed, or removed any record, document,
523 or thing required to be kept or maintained by this chapter with
524 the purpose to impair its veracity or availability in the
525 division’s investigation. The division shall refer to local law
526 enforcement authorities any person who the division believes has
527 engaged in fraud, theft, embezzlement, or other criminal
528 activity or when the division has cause to believe that fraud,
529 theft, embezzlement, or other criminal activity has occurred.
530 (k) The division director or any officer or employee of the
531 division and the homeowners association ombudsman or any
532 employee of the Office of the Homeowners’ Association Ombudsman
533 may attend and observe any meeting of the board of
534 administration or any parcel owner meeting, including any
535 meeting of a subcommittee or special committee, which is open to
536 members of the association for the purpose of performing the
537 duties of the division or the Office of the Homeowners’
538 Association Ombudsman under this chapter.
539 (l) The division may:
540 1. Contract with agencies in this state or other
541 jurisdictions to perform investigative functions; or
542 2. Accept grants-in-aid from any source.
543 (m) The division shall cooperate with similar agencies in
544 other jurisdictions to establish uniform filing procedures and
545 forms, public offering statements, advertising standards, and
546 rules and common administrative practices.
547 (n) The division shall consider notice to a developer to be
548 complete when it is delivered to the address of the developer
549 currently on file with the division.
550 (o) In addition to its enforcement authority, the division
551 may issue a notice to show cause, which must provide for a
552 hearing, upon written request, in accordance with chapter 120.
553 (p) If the division receives a complaint regarding access
554 to official records on the association’s website or through an
555 application that can be downloaded on a mobile device under s.
556 720.303(2)(c)1., the division may request access to the
557 association’s website or application and investigate. The
558 division may adopt rules to carry out this paragraph.
559 (2) On the certification form provided by the division, the
560 directors of the association shall certify that each director of
561 the association has completed the written certification and
562 educational certificate requirements in s. 720.3033(1). This
563 certification requirement does not apply to the directors of an
564 association governing a timeshare property. Each homeowners’
565 association shall create and maintain an online account with the
566 division, as required in subsection (3).
567 (3) On or before October 1, 2027, all homeowners’
568 associations shall create and maintain an online account with
569 the division and provide information requested by the division
570 in an electronic format determined by the division. The division
571 shall adopt rules to implement this subsection. The division may
572 require homeowners’ associations to provide such information no
573 more than once per year, except that the division may require
574 homeowners’ associations to update the contact information in
575 paragraph (a) within 30 days after any change. The division
576 shall provide a homeowners’ association at least a 45-day notice
577 of any requirement to provide any information after the
578 homeowners’ association initially creates an online account. The
579 information that the division may require from homeowners’
580 associations is limited to:
581 (a) Contact information for the association which includes:
582 1. The name of the association.
583 2. The physical address of the homeowners’ association
584 property.
585 3. The mailing address and county of the association.
586 4. The e-mail address and telephone number for the
587 association.
588 5. The name and board title for each member of the
589 association’s board.
590 6. The name and contact information of the association’s
591 community association manager or community association
592 management firm, if applicable.
593 7. The hyperlink or website address of the association’s
594 website, if applicable.
595 (b) The total number of buildings, and for each building in
596 the association:
597 1. The total number of stories, including both habitable
598 and uninhabitable stories.
599 2. The total number of parcels.
600 3. The age of each building, based on the certificate of
601 occupancy.
602 4. Any construction commenced within the common elements
603 during the most recent calendar year.
604 (c) The association’s assessments, including:
605 1. The amount of assessment or special assessment by parcel
606 type, including reserves.
607 2. The purpose of the assessment or special assessment.
608 3. The name of the financial institution or institutions
609 with which the association maintains accounts.
610 Section 3. This act shall take effect July 1, 2026.