Does my HOA have to register with the DBPR?

Yes, under the new reform bill put into effect on July 1 (HB 7119) all homeowner associations are required to register with the Department of Business and Professional Regulation (DBPR) by November 22, 2013.  In addition, there will be a means of updating this information if it changes.  The community’s management company or CAM is required to submit this registration/report; the Board of Directors is charged with the duty if there is no management entity.  This will finally put HOA’s under the purview of the DBPR (as condos, time-shares and mobile homes have been) and provide a valuable source of oversight and some dispute resolution.

 

Here is a full description of the registration and report requirements taken straight from the text of the bill:

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

ENROLLED CS/HB 7119, Engrossed 2 2013

(13) REPORTING REQUIREMENT.—The community association manager or management firm, or the association when there is no community association manager or management firm, shall report to the division by November 22, 2013, in a manner and form prescribed by the division.

(a) The report shall include the association’s:

1. Legal name.

2. Federal employer identification number.

3. Mailing and physical addresses.

4. Total number of parcels.

5. Total amount of revenues and expenses from the association’s annual budget.

(b) For associations in which control of the association has not been transitioned to nondeveloper members, as set forth in s. 720.307, the report shall also include the developer’s:

1. Legal name.

2. Mailing address.

3. Total number of parcels owned on the date of reporting.

(c) The reporting requirement provided in this subsection shall be a continuing obligation on each association until the required information is reported to the division.

(d) By October 1, 2013, the department shall establish and implement a registration system through an Internet website that provides for the reporting requirements of paragraphs (a) and (b).

(e) The department shall prepare an annual report of the data reported pursuant to this subsection and present it to the Governor, the President of the Senate, and the Speaker of the House of Representatives by December 1, 2013, and each year thereafter. 278

(f) The division shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this

(g) This subsection shall expire on July 1, 2016, unless reenacted by the Legislature.

 

 

I wrote a summary of the bill’s provisions on this blog a few weeks back; click here to read it, or go to this link for the bill’s full text from the Florida Senate:

http://www.flsenate.gov/Session/Bill/2013/7119/BillText/er/PDF

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