There’s no question that 2024 will be remembered as the year that both HOA and Condominium law were jolted. This week, let’s discuss how HOA directors can wind up behind bars.  Here’s the new law in :

720.303(5)

(d) Any director or member of the board or association or a community association manager who knowingly, willfully, and repeatedly violates paragraph (a)  (the right of an owner to access records within 10 days), with the intent of causing harm to the association or one or more of its members, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. For purposes of this paragraph, the term “repeatedly” means two or more violations within a 12-month period.

(e) Any person who knowingly and intentionally defaces or destroys accounting records during the period in which such records are required to be maintained, or who knowingly or intentionally fails to create or maintain accounting records that are required to be created or maintained, with the intent of causing harm to the association or one or more of its members, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 419

(f) Any person who willfully and knowingly refuses to release or otherwise produce association records with the intent to avoid or escape detection, arrest, trial, or punishment for the commission of a crime, or to assist another person with such avoidance or escape, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Anyone have a problem with this?  If a director intentionally won’t allow owners to see the association records, or won’t allow access to records in order to cover up a crime, shouldn’t that director face criminal consequences?  What do you think?

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