Landmark FL HOA law imposes criminal conduct

FL Session Law, Ch. 229 (2023), “Homeowners’ Associations  Bill of Rights,” adds the following section imposing misdemeanor charges against certain violations for fraudulent elections.

FL § 720.3065. “Fraudulent voting activities relating to association elections; penalties.—Each of the following acts is a fraudulent voting activity relating to association elections and constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083

This is a landmark bill that imposes criminal penalties on the conduct of the HOA and all persons involved in fraudulent HOA elections.  Recent court decisions have held the private government HOAs are public entities with respect issues concerning the governance of the HOA.

Criticism of the board’s conduct is subject to the constitutional protections of free speech. The Nevada Supreme Court opinion in Kosor ((Kosor v. Olympia Companies, NV No, 75669 (Dec. 31, 2020))  held that HOAs are public forums and referenced several California opinions serving as legal precedent.

 “[A] unit owner’s association or a planned community association (association) may not prohibit a unit owner or member (member) from peacefully assembling and using private or common elements of the community . . . legitimate and valid criticisms of your HOA and its president and board are protected from HOA lawsuits of defamation and libel.”

I find it incredible that there are homeowner rights advocates who find it difficult to see how challenges of constitutionality apply to private government HOAs. The 14th Amendment, Section 1, in part, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”

Published by

HOAGOV

"The Voice for HOA Constitutionality". I have been a long-term homeowner rights authority, advocate and author of "The HOA-Land Nation Within America" (2019) and" Establishing the New America of independent HOA principalities" (2008). See HOA Constitutional Government at http://pvtgov.org. My efforts with HOAs took me to a broader concern that was deeply affecting the constituionality of HOAs. Those broad societal and plotical concerns caused me to start this new blog for my commentaries on the State of the New America.

3 thoughts on “Landmark FL HOA law imposes criminal conduct”

  1. George, you wrote:

    I find it incredible that there are homeowner rights advocates who find it difficult to see how challenges of constitutionality apply to private government HOAs. The 14th Amendment, Section 1, in part, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”

    ###

    I agree.

    The problem is, some property/homeowner rights advocates like the idea of controlling their neighbors’ behavior through the HOA’s power to enforce restrictions through fines and foreclosures. 

    These people are, in my opinion, misguided, in that they believe that all owners’ rights should be restricted in order to prevent a handful of neighbors from creating real or imagined eyesores or nuisances. 

    Some people still believe that, without an HOA to enforce rules, entire communities will fall into a state of chaos and decline. 

    But, ironically, the contrary is true: many, many communities are already in a state of chaos and decline, either despite — or because of — the HOA! 

    1. You are right. CAI has made it clear that they will handle everything and not train boards on how to manage of local government. Where are the searches for city/town managers. This is the way out once CAI is discredited. But people like Patrick do us lots of harm.

      1. CAI (Community Association Institute) is the force behind these HOA trade groups who make a living off of HOAs like management companies and most certainly any HOA attorneys that spread such false sense that all HOAs protect the value of homes this is so far an outright lie and has been for decades along with these trade groups mostly HOA attorneys teaching “brainwashing” newbies board members most of which have not even read their state laws let alone their very own governing documents. IMHO CAI should never have any voice in our State as to lobbying since they do not even own property in any HOA in any state.

Leave a comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.