By Jan Bergemann

Published March 17, 2023


The Florida Legislature enacted in 2013 a law for HOAs (FS 720.3033(5) that states: (5) The association shall maintain insurance or a fidelity bond for all persons who control or disburse funds of the association.”


For your info: For condominiums the provision is at: FS718.111(11)(h)


Sounds great and was intended to make property owners in community associations sleep better. But here is the big hang-up: Lack of Enforcement!

Have you ever checked out if your association has really followed the law and is “
maintaining insurance or a fidelity bond for all persons who control or disburse funds of the association”?


Let me tell you, many boards don’t even know that such provision exists – and especially “bad” boards are avoiding to keep such insurance or fidelity bond, And since there is no enforcement of existing community association laws, it’s often difficult for owners to find out if the association is in compliance of these laws. Many bad boards are plainly refusing to allow owners to inspect the records (including insurance policies) – see examples like the Boca View Condominium or the Hammocks HOA.


We have seen in recent times examples where embezzlement by board members and/or CAMs was proven, but then it turned out that the board had failed to keep the above described insurance or fidelity bond.


Like Eric said in his blog on Monday: “MAKE SURE YOU’RE COVERED by requiring your board to show you a copy of the insurance policy or the existence of a fidelity bond that is up-to-date.


Only after really seeing it “you can sleep better” as intended by the Legislature when they enacted this law.

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Jan Bergemann

Jan Bergemann is president of Cyber Citizens For Justice, Florida 's largest state-wide property owners' advocacy group. CCFJ works on legislation to help owners living in community  

associations. He moved to Florida in 1995 - hoping to retire. He moved into a HOA, where the developer cheated the homeowners and used the association dues for his own purposes. End of retirement!


CCFJ was born in the year 2000, when some owners met in Tallahassee - finding out that power is only in numbers. Bergemann was a member of Governor Jeb Bush's HOA Task force in 2003/2004.


The organization has two websites to inform interested Florida homeowners and condo owners:

News Website:

Educational Website:

We think that only owners can really represent owners, since all service providers surely have a different interest! We are trying to create owner-friendly laws, but the best laws are useless without enforcement. And enforcement is totally lacking in Florida !

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