Most disputes with an HOA board are civil arguments about money, rules, or records. A narrow set of board conduct is different: Florida treats it as criminal, and in some cases a director has to leave the board the moment they are charged, before any trial.

This page covers what those provisions actually say, because they are frequently overstated. Being a bad board member is not a crime. These specific acts are.

Kickbacks are a third-degree felony

An officer, director, or manager may not solicit, offer to accept, or accept a kickback (Fla. Stat. §720.3033(3)).

The statute defines a kickback as anything or any service of value, for which consideration has not been provided, given for the benefit of an officer, director, or manager or a member of their immediate family, from anyone providing or proposing to provide goods or services to the association. In plain terms: a vendor giving a board member something in exchange for the association's business.

Doing this knowingly is a felony of the third degree, punishable under Fla. Stat. §§775.082, 775.083 or 775.084, and the person is also exposed to monetary damages under §617.0834. If the board finds that an officer or director has violated the provision, the board must immediately remove them from office.

There is a narrow, deliberate exception. A director may accept food to be consumed at a business meeting worth less than $25 per person, or a good or service received in connection with trade fairs or education programs. A sandwich at a vendor presentation is not a kickback. A new roof at cost is another matter.

Five charges that force removal before any conviction

This is the provision most owners do not know about. Under Fla. Stat. §720.3033(4)(a), a director or officer charged by information or indictment with any of the following must be removed from office and a vacancy declared:

  1. Forgery of a ballot envelope or voting certificate used in an HOA election (§831.01)
  2. Theft or embezzlement involving the association's funds or property (§812.014)
  3. Destroying, or refusing to allow inspection or copying of, an official record that is accessible to owners within the time the law requires, in furtherance of any crime. The statute says this constitutes tampering with physical evidence (§918.13)
  4. Obstruction of justice (chapter 843)
  5. Any criminal violation of chapter 720

Read number 3 again, because it is the one with everyday reach. Stonewalling a records request is normally a civil problem with a civil remedy. Destroying records, or refusing to produce them in furtherance of a crime, is on this list.

The trigger is the charge, not the conviction. That is unusual and intentional.

What happens while charges are pending

While the criminal charge is pending, the person:

  • may not be appointed or elected to a position as an officer or director of any association, not just their own, and
  • may not have access to the official records of any association, except pursuant to a court order.

The board fills the vacancy as it would any other, under §720.306(9), until the end of the suspension or the end of that director's term, whichever comes first.

If the charges do not stick

The statute provides for restoration. If the charges are resolved without a finding of guilt and without a plea of guilty or nolo contendere, the director or officer is reinstated for any remainder of their term.

That matters both ways. It is a real consequence that attaches early, and it is reversible if the case falls apart.

The related duties that are not crimes

Two neighbouring rules are civil, and are often described as criminal by mistake:

Self-dealing contracts. If the association contracts with a director, or with a business a director is involved in or financially interested in, the board must follow §720.3033(2): comply with §617.0832, enter the required disclosures in the written minutes, approve it by a two-thirds vote of the directors present, and disclose it to the members at their next meeting. Any member may then move to have it voted on, and a majority of members present can cancel the contract. If they do, the association owes only the reasonable value of what was already delivered, with no termination fee or penalty.

Conflicts of interest. Directors and officers must disclose any activity that could reasonably be construed as a conflict at least 14 days before voting on it or entering into the contract (§720.3033(6)(b)). A rebuttable presumption of a conflict arises if, without prior disclosure, a director or officer or their relative contracts with the association, or holds an interest in a business that does or proposes to do business with the association.

Failing these is a governance violation with civil consequences, not a felony. The kickback provision is the one that carries the felony.

What to do if you suspect one of these

  1. Preserve what you have. Records requests, minutes, contracts, correspondence. See how to request HOA records in Florida.
  2. Understand who handles what. The Department's role over HOAs is narrower than most owners expect, and criminal matters go to law enforcement and the state attorney, not to a regulator. See who regulates HOAs in Florida.
  3. Get advice before making an accusation. An allegation of a felony against a neighbour is not a step to take on a hunch, and this page is general information rather than legal advice.

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