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.
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.
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.
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
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.
This is not about opposing legal counsel.
It is about how enforcement is structured and who benefits financially.
When:
All enforcement-related money leaves the community
No portion supports HOA finances
Dues increase anyway
Homeowners are justified in asking whether the system is aligned with the community’s best interests.
Homeowners deserve to know:
Where enforcement-related money goes
Whether alternatives exist
How decisions impact dues and long-term costs
Transparency is not about blame.
It is about understanding financial consequences.
If you want next, I can:
Add Florida Statute references that support this section
Create a simple diagram or chart showing money flow (Homeowner → Attorney vs Homeowner → HOA)
Rewrite this into a short “Did You Know?” callout box
Help you word a formal request for financial clarification to the board
Just tell me how hard you want this to hit.
Got it. Below is a single, fully-cohesive “Did You Know?” page that combines everything we’ve discussed into one clear, structured piece.
It is written to educate homeowners, document patterns, and explain financial impact without accusations, while still being firm and understandable.
You can publish this as a standalone page on your transparency blog.
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.
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.
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.
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.
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.
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.
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.
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.
Lake Griffin Voices is an independent, resident-run website and is not affiliated with the Lake Griffin Estates Homeowners Association or its official representatives. All content reflects the personal views and experiences of residents. While we strive for accuracy, information on this site should not be taken as legal advice or official HOA communication. Names, events, or policies referenced are based on publicly available sources or personal experience and are shared for informational and community discussion purposes only.