HOA Crimes in Florida: What Property Owners and Board Members Need to Know

As experienced Miami criminal attorneys, we represent clients facing charges related to homeowners’ associations (HOAs). Florida’s new HOA law took effect on July 1, 2024, so understanding both existing and new criminal penalties is more important than ever for property owners and board members.

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

• Destroying accounting records within the mandatory 7-year retention period is now a first-degree misdemeanor
• Failing to provide official records within legal timeframes is a second-degree misdemeanor
• Refusing to provide records to avoid criminal investigation is a third-degree felony

Kickbacks and Bribes

The new law makes it a third-degree felony for HOA officers, directors, or managers to:

• Solicit kickbacks
• Accept bribes
• Accept any form of compensation in exchange for favorable treatment

When convicted of these offenses, board members face:

• Immediate removal from office
• Up to 5 years in prison
• Fines up to $5,000

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 who misappropriate HOA funds can face:

• Grand theft charges (felony) if the amount exceeds $750
• Up to 30 years in prison for first-degree grand theft (over $100,000)
• Mandatory restitution

Fraud

Criminal penalties apply for:

• Falsifying HOA financial records
• Submitting fraudulent invoices
• Making false statements in official HOA documents

Election Fraud

Board members can face criminal charges for:

• Tampering with HOA election ballots
• Falsifying voting records
• Interfering with fair elections

Common Defenses in HOA Criminal Cases

Our firm handles HOA-related criminal defense cases. Common defense strategies include:

1. Lack of criminal intent
2. Accounting errors rather than intentional misconduct
3. Proper authorization for questioned transactions
4. Compliance with governing documents
5. Statute of limitations

Protecting Your Rights

If you’re an HOA board member or property owner facing investigation:

1. Do not speak with investigators without an attorney present
2. Preserve all relevant documents
3. Do not alter or destroy any records
4. 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.*