Condominium owners and boards shoulder new safety and financial duties after Surfside, and the Department of Business and Professional Regulation (DBPR) police every missed inspection, flawed election, and withheld ledger. The DBPR’s Division of Condominiums, Timeshares, and Mobile Homes opens an investigative file within 30 days of a written complaint and may levy fines up to $5,000 per violation when boards refuse to comply with Chapter 718.501, Florida Statutes. If your association’s reserve study is overdue or election notices were mailed late, fast action matters more than ever. Need answers right now?
Call Ferrer Law Group at 954-651-6810 or use our secure consultation form. Our seasoned Florida condo attorneys guide boards and individual owners statewide through every DBPR demand.
Why the DBPR Matters to Every Condo Stakeholder
The Division holds sweeping powers: it can subpoena records, compel testimony, audit bank accounts, and petition circuit courts for enforcement. These tools apply equally to self-managed HOAs in Palm Beach County and large-scale associations hiring professional managers in Weston. A single owner can trigger an investigation by showing that board minutes, reserve balances, or insurance renewals violate statutory duties. Investors and unit buyers search attorneys precisely because DBPR findings are posted online, where lenders and insurers scrutinize them before funding mortgages or policies.
Statutory Powers Under Chapter 718.501
Section 718.501 authorizes civil penalties, mandatory arbitration, and court petitions. Investigators must close or justify each file within 90 days—deadlines that savvy boards leverage to reach swift compliance. Associations shown to act “willfully” face the maximum fine and can be ordered to reimburse the owner’s legal fees. Owners who feel stonewalled hire a condo law attorney to cite these timelines and spur immediate record production.
Three Steps You Cannot Skip When Submitting a Complaint
Before you put pen to paper, know that DBPR will dismiss vague or poorly documented claims; the list below covers the essentials for a strong filing.
- Gather Proof. Attach bylaws, meeting notices, email threads, or inspection invoices to show a clear statutory violation.
- File Online. Use the Division’s portal or mail DBPR Form CP-1 with a notarized signature.
- Track the File. The Division assigns a number you can follow by email or phone.
A $50 filing fee covers most claims, though election challenges move through a separate arbitration track. A well-framed complaint, backed by statutes and exhibits, moves faster than a vague grievance.
Mandatory Arbitration for Election and Recall Disputes
Florida law diverts most disputes over board elections and director recalls to non-binding arbitration before an administrative law judge. After paying the modest fee and serving the petition, parties exchange evidence under streamlined rules. Arbitrators may declare ballots void, reinstate recalled directors, or order a new election within 30 days. Owners in disputes appreciate the speed—often 60–90 days from petition to decision—compared with year-long circuit-court dockets.
Financial and Structural Oversight After Surfside
Milestone inspections for three-story buildings and structural-integrity reserve studies are now mandatory statewide. DBPR cross-checks inspection reports against reserve ledgers; mismatches draw fines and public orders that chill sales. FL condo lawyers advise boards to:
- retain certified engineers early,
- keep reserves in a stand-alone account, and
- post inspection timetables on the community website.
Failure to act invites penalties and can trigger breach of contract claims against vendors—cases our Weston office litigates for associations from Palm Beach County to the Keys.
Practical Compliance Checklist for Boards
The following pointers give directors an at-a-glance roadmap for staying off DBPR’s radar.
- Adopt a written records-request policy mirroring the 10-business-day deadline.
- Digitize minutes, bank statements, and engineering reports in a cloud folder accessible to owners.
- Schedule milestone inspections before the statutory trigger date.
- Maintain separate, interest-bearing reserve accounts with bank statements reviewed monthly.
- Publish 14-day advance notice of every board meeting and post it on the property along with a website copy when required.
Meeting these benchmarks reduces the odds that frustrated residents will hire a lawyer and file a complaint.
Rights and Remedies for Individual Owners
Unit owners denied access to records for 10 business days enjoy a rebuttable presumption that the board acted willfully, simplifying proof and raising fine exposure. Owners may:
- Send a certified letter reiterating the request.
- File a DBPR complaint citing the presumption.
Because the statute allows reimbursement of reasonable attorney fees, engaging a Florida lawyer often pays for itself once fines and fee awards are tallied. Investors leasing units also consult to confirm that pending DBPR actions will not jeopardize rental licenses.
Avoid DBPR Fines with Ferrer Law Group’s Florida Law Guidance
Florida’s strengthened enforcement means procrastination costs real money; a single overlooked record can snowball into thousands in fines and attorney fees. Ferrer Law Group aligns boards and owners with DBPR expectations, shields property values, and restores community trust—call 954-651-6810 or contact us today for tailored guidance before deadlines close.
