Most homeowners expect their HOA board to make decisions that are fair, transparent, and in the best interest of the entire community. That expectation matters most when it comes to contracts and paid work within the association. So when certain residents or individuals closely connected to board members are repeatedly awarded contracts, it’s reasonable to stop and ask questions.
Is this fair? And is it even allowed?
Under Florida Statute 720.303(1), HOA boards have a fiduciary duty to the association and its members. This means board members are legally obligated to act in good faith, with loyalty, and in the best interests of all homeowners not just a select few.
Florida law also places strong emphasis on transparency and accountability.
-
Section 720.303(2) requires that board meetings and decisions be conducted openly.
-
Section 720.303(5) gives homeowners the right to inspect and copy official association records, including contracts, bids, and financial documents.
When it comes to conflicts of interest, Florida Statute 720.303(12) is especially important. It requires full disclosure of any relationship where a board member, officer, or their relatives may benefit financially from an association contract. These disclosures must be documented, and the board must follow proper approval procedures. Even when a contract is technically allowed, the appearance of favoritism can still undermine trust.
While Florida law does not always mandate competitive bidding, it is widely recognized as a best practice and often required by governing documents to protect the association financially and legally. Ignoring bidding opportunities can expose the HOA to claims of mismanagement or selective treatment.
When contracting decisions lack transparency, homeowners are right to ask:
-
Were multiple bids solicited and reviewed?
-
Were conflicts of interest disclosed in writing as required by law?
-
Were decisions made based on price, qualifications, and value or personal connections?
Favoritism in contracting doesn’t just create frustration; it can violate fiduciary duties, increase costs, and erode confidence in HOA leadership. Florida Statute 720.305 further reinforces homeowners’ rights by providing remedies when associations fail to comply with the law or their governing documents.
Strong communities are built on fairness, transparency, and ethical leadership, not favoritism. When homeowners stay engaged and speak up, it helps ensure decisions are made for the benefit of the entire community, not just a few individuals.
So ask the question that matters most:
Are HOA contracts being awarded fairly, legally, and in the best interest of all homeowners?
Add comment
You must be logged in to post a comment.