9121 North Military Trail, Suite 200, Palm Beach Gardens, FL
1200 Park Central Blvd. South, Pompano Beach, FL
11486 Corporate Blvd., Suite 130, Orlando, FL
1211 North Westshore Blvd., Suite 409 Tampa, FL
Offices in Miami-Dade (by appointment)
Reach any office: 800.974.0680

1200 Park Central Blvd. S., Pompano Bch, FL
9121 N. Military Trail, Ste. 200, Palm Bch Gdns, FL
11486 Corporate Blvd., Suite 130,Orlando, FL
1211 N. Westshore Blvd., Ste. 409, Tampa, FL
Offices in Miami-Dade (by appointment)
Reach any office: 800.974.0680

Fiduciary Duty | What it Means to Your Community Association

Rembaum’s Association Roundup | Jeffrey A. Rembaum, Esq., BCS | Visit HERE

What duty does a community association board member owe to their association? What happens if that duty is breached? During the 2023 legislative session, legislation was proposed that would have made directors criminally liable for failure to timely respond to official record requests, among other provisions. The legislation in House Bill 919 was proposed by Representative Porras in response to the alleged $3.4 million dollar embezzlement scheme that took place at the Hammocks Community Association, located in Miami-Dade County. Parts of this proposed bill were well-intentioned; however, several provisions were commonly viewed as too broad and expansive.

On November 15, 2022, the Miami-Dade State Attorney’s Office announced charges related to the Hammocks’ criminal case, including racketeering, organized scheme to defraud, money laundering, grand theft, and fabricating physical evidence against five board members. These board members have been accused of the following:

i) running a scheme in which they used HOA checks and HOA credit cards from 55 bank accounts to pay for “no-show” work by shell companies or vendors,….

Read the rest at Rembaum’s Association Roundup..Click Here