Understanding the Florida DBPR and Its Role in Condominium Communities

The Florida Department of Business and Professional Regulation (DBPR), through its Division of Florida Condominiums, Timeshares, and Mobile Homes, serves as the state agency responsible for administering and enforcing specific provisions of Florida condominium law. While the Division provides important oversight and resources, its authority is limited by Florida statutes and does not extend to every dispute that arises within a condominium association.

Annual Fees Paid by Condominium Associations

Under Florida law, each condominium association must pay an annual fee to the DBPR of $4.00 per residential unit. The fee is due on or before January 1 of each year.

What Do These Fees Support?

The annual fees help fund the Division's condominium program, including:

• Investigating complaints within the Division's jurisdiction;
• Publishing educational materials and guides for owners and board members;
• Conducting educational seminars and outreach programs;
• Employing attorneys to conduct mandatory nonbinding arbitration in certain disputes;
• Providing customer service and assistance to condominium owners and associations; and
• Maintaining public information resources and support services.

What the DBPR Does

The Division has authority over specific condominium-related matters established by Chapter 718, Florida Statutes. The Division may investigate complaints involving subjects such as:

• Access to official association records;
• Election procedures, recalls, and electronic voting;
• Certain financial reporting requirements;
• Annual budgets and reserve procedures;
• Commingling of operating and reserve funds;
• Improper use of association debit cards;
• Procedural requirements for board and membership meetings;
• Responses to unit owner written inquiries;
• Board member education and certification requirements;
• Certain conflict-of-interest disclosures;
• Compliance with milestone inspection requirements;
• Procedural completion of Structural Integrity Reserve Studies (SIRS); and
• Association insurance and fidelity bonding requirements applicable to persons handling association funds.

What the DBPR Does Not Do

Many owners are surprised to learn that the DBPR's authority is limited. The Division generally does not:

• Enforce an association's declaration, bylaws, or rules and regulations;
• Resolve neighbor-to-neighbor disputes;
• Determine whether architectural decisions were fair or appropriate;
• Order an association to undertake maintenance or repairs (except for certain procedural requirements related to milestone inspections);
• Resolve disputes over landscaping, parking, pets, noise, or nuisance issues;
• Provide legal advice to owners or associations;
• Award monetary damages to owners; or
• Act as a general "condominium police" agency for all complaints.

Issues outside the Division's jurisdiction may need to be addressed through internal association procedures, mediation, arbitration, private legal counsel, or the court system.

Resources Available to Condominium Owners

The DBPR offers several resources to help owners better understand their rights and responsibilities, including:

• Educational publications and brochures;
• Frequently Asked Questions (FAQs);
• Information regarding board member education requirements;
• Guidance regarding elections and recalls;
• Information about mandatory arbitration procedures;
• Access to condominium complaint forms and instructions; and
• Customer assistance through the Division's contact center.

Filing a Complaint with the DBPR

Owners who believe an association has violated a provision of law within the Division's jurisdiction may file a complaint with the DBPR: Complaint Process, File Complaint.

General Complaint Process

1. Complete a complaint form through the DBPR's online portal or by downloading the appropriate form.
2. Include supporting documentation, such as correspondence, meeting notices, minutes, records requests, or other evidence supporting the allegations.
3. Submit the complaint to the Division.
4. Jurisdictional review. Within approximately 30 days, the Division will determine whether the complaint falls within its statutory authority and whether additional information is needed.
5. Investigation. If the matter is within the Division's jurisdiction, an investigation may be opened.
6. Outcome. The Division may seek voluntary compliance, pursue administrative remedies, or advise the complainant if another process is required.

Owners should understand that not every complaint will result in an investigation or enforcement action. Complaints involving matters outside the Division's authority will generally be dismissed with information regarding other available options.

Additional Information

The DBPR plays an important role in Florida condominium regulation, but it is only one part of the broader framework governing condominium communities. Owners and board members should familiarize themselves with:

• Chapter 718, Florida Statutes (Official Florida Senate Website)
• Their association's Declaration, Articles of Incorporation, Bylaws, and Rules and Regulations; and
• Professional advice from qualified attorneys, accountants, engineers, reserve specialists, and other experts when appropriate.

Understanding the Division's role, and its limitations, can help owners and boards direct concerns to the appropriate forum and make more effective use of the resources available to them.