Did You Know this about Lake Griffin Estates?

Many homeowners assume their HOA automatically follows Florida law and acts in the community’s best financial interest. In reality, Florida HOAs are governed by Florida Statute Chapter 720, and compliance is not optional.

This page exists to explain what homeowners are legally entitled to, highlight common practices that raise compliance concerns, and help homeowners understand how certain decisions directly impact dues, transparency, and accountability.

An informed homeowner is a protected homeowner.

Did You Know? 100% of “Legal Fees” Go to the Attorney, Not the Community

Many homeowners assume that when an HOA collects “legal fees,” some portion benefits the association or helps offset rising costs.

In our community, 100% of the fees labeled as “legal fees” go directly to the attorney.
None of those funds are retained by the HOA to support community operations, reserves, or maintenance.

This distinction matters.

Did You Know? Our HOA Does Not Collect Violation Revenue for the Community

Under Florida law and most governing documents, properly assessed violation fines are association revenue, not attorney revenue.

However:

Violations are routinely routed through legal counsel
Charges are labeled as “attorney fees” rather than association fines
The HOA collects no direct revenue from these enforcement actions

As a result, the community forfeits revenue it is otherwise entitled to collect.

Did You Know? This Contributes Directly to Rising Dues

While legal fees flow outward to third parties:

HOA operating costs continue to rise
Repair expenses increase
Dues are raised to cover shortfalls

At the same time, the association misses out on revenue that could help offset these costs if violations were assessed and collected properly by the HOA itself.

This creates a situation where:

Homeowners pay higher dues
Attorneys receive all enforcement-related payments
The community absorbs the financial burden

Did You Know? Enforcement Can Be Done Without Outsourcing All Revenue

Florida Statute 720 allows HOAs to:

Levy fines following due process
Retain collected fines as association funds
Use those funds to support community needs

Outsourcing enforcement entirely to legal counsel is not the only option, nor is it always the most financially responsible one.

Did you know? Our HOA is enforcing a rule that is not a properly recorded declaration?

Lake Griffin Estates is enforcing a rule requiring adult supervision of children using electric devices, even though this rule is not recorded with the State of Florida.
HOA boards in Florida cannot create new behavioral or parental supervision requirements by rule alone.
Rules regulating children’s conduct or parental supervision are considered use and conduct reåstrictions, not housekeeping rules.
Use and conduct restrictions must be expressly authorized in the recorded Declaration to be enforceable.
Under Florida Statutes §§ 720.301(4) and 720.303(1), an HOA board may not expand or create new covenants through rulemaking.
Florida Statute § 720.306(1)(b) requires that restrictions affecting use of property must be properly recorded.
Any fees, fines, or penalties tied to an unauthorized or unrecorded rule are not enforceable under Florida Statute § 720.305(2).

Did You Know? HOA Boards Must Follow Florida Statute 720

HOAs are not private corporations operating above the law. Florida Statute 720 establishes minimum legal requirements for:

Meeting notices and access
Homeowner participation
Due process before fines or charges
Financial transparency
Board authority and responsibility

Failure to follow these requirements does not make them optional. It creates legal exposure for the association.

Did You Know? Management Companies Do Not Replace the Board

Homeowners elect a board of directors, not a management company.

Yet in practice:

Certified letters addressed to the board are often answered by management
Responses do not confirm whether the board met, voted, or authorized actions
Decisions are communicated without proof of board deliberation

Under Florida law, the board is responsible for governance.
Management executes tasks. It does not replace board authority.

Did You Know? “Attorney Fees” Are Not Automatically Owed

Calling a charge an “attorney fee” does not automatically make it legally collectible.

In general:

Attorney fees typically require statutory authority, court involvement, or proper legal process
A demand letter alone does not create a legal obligation
Labels do not replace due process

Without proper legal grounding, a charge remains a demand, not a debt.

Did You Know? Homeowners Have the Right to Question Spending

HOA funds belong to the members.

Homeowners have the right to:

Ask how money is being spent
Question legal and administrative costs
Understand whether expenses were necessary and properly authorized

Asking questions is not harassment.
It is oversight.

Did You Know? Fiduciary Duty Is a Legal Obligation

Board members and agents owe a fiduciary duty to the association and its members.

That means decisions must be made:

In the best interest of the community
Without self-interest
Without financial structures that benefit third parties at the community’s expense

Transparency protects homeowners and board members alike.

Why This Page Exists

This page is not about personal disputes.
It is about patterns, processes, and accountability.

When:

Statutory requirements are avoided
Enforcement revenue leaves the community
Financial transparency is lacking
Homeowner participation is discouraged

It becomes necessary to document and educate.

What Homeowners Can Do

Read Florida Statute 720
Attend meetings when possible
Ask whether decisions were voted on
Request financial clarity
Use your right to vote or assign a proxy

Silence is not neutrality.
It is consent.

Transparency Is Not Hostility

Wanting clarity does not mean wanting conflict.
Wanting accountability does not mean wanting chaos.

A well-run HOA should welcome informed homeowners.

If transparency feels uncomfortable, that discomfort deserves attention.