Creating an ad hoc independent audit committee
Part 1 -
Reminder: Homeowners do not need 'permission' to audit their HOA's activities. The laws were established exactly so they could.
Step 1: Reconnaissance
Take the SunshineSurvey then gather documents for your HOA, print or screenshot them. (One 'scout' can do this.)
- Download the HOA Sunshine Survey above and rate how your HOA stands now. \
- Download your HOA's annual report for non-profit corporation listed with the Florida Secretary of State. This list contains the current directors and legal representative. The 2025 Report must be filed already so if there’s not one for 2025, they are out of compliance. https://search.sunbiz.org/inquiry/corporationsearch/byname. Note - some HOA's may be a sub-association of a Master HOA. If so, search for the other HOA to since you may have a common Declaration.
- Obtain the name and address of your Community Association Manager (CAM). They are licensed by the state and you can look them up in the FL DBPR website. https://www.myfloridalicense.com/wl11.asp?mode=0&SID= . You can also look up the Community Association Business, called CAB there. Check for any complaints about either.
- If the association is over 100 homes, law requires that they have an HOA website with all the information listed in Section 720 of Florida statues. Read and print your HOAs index or take screenshots.
- Obtain copies of your HOA's Declaration and Bylaws with any amendments as well as other CC&R documents. You should have received them with your home's purchase but if you don’t have them, you can get them from of state filings or from recent sales closing documents. Keep in mind there may also be recent amendments. (If the documents are lengthy online you can 'print' to a PDF file. Sometimes you can convert to searchable PDF file which is best.)
- Determine whether your community is in a Community Development District (CDD) . A CDD is a Florida state entity established by the developer to obtain bonds for utilities, roads etc. which is later paid by homeowners. (The CDD name will appear on your county's annual property tax bill under "Non-Ad Valorem Taxes' .) It may either run by elected CDD officials (called supervisors in county elections) or by the property developer until an election takes place.
Step 2: Form alliances and get informed
Gather a few residents at someone’s home to informally discuss the current HOA situation and next steps.
Personally reach out to invite neighbors who have may have expressed confusion or dissatisfaction and invite them to an informal meeting. (At this phase, a Facebook blast is not recommended for privacy.) Pick a time that won’t exclude working residents. You may want to kickoff your meeting by everyone taking the SunshineSurvey to identify common issues. Then listen to one another and identify different tasks that can be delegated among those present. Ask for 1-2 hours a week in this phase.
Examples are:
- Formally request the roster of all residents and board meeting minutes for the last year from the CAM. It's best to send this return receipt because if it’s not provided in 10 days, they’re out of compliance. (If your HOA is too small for a CAM, then write the board at the addresses found on the Annual Report in Step 1.)
- One person can check the DBPR licensure of the CAM and whether there is a board attorney and their addresses.
- Another resident can request updated financial statements, and vendor contracts. If you don't find them on your HOA website, spread out the requests to show wide interest but avoid being individually targeted.
- Audit your HOA website for all required documents specified in the recordkeeping section of Florida Statute 720.303 part (4). Recordkeeping compliance is vital to overall transparency. This can be tedious but
- Find out if there are other organizations related to your HOA such as a CDD (community development district) or clubhouse/pool. (A CDD will appear on your county's annual property tax bill under "Non-Ad Valorem Taxes' . For more info on CDDs, see Florida Statute Chapter 190: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0190/0190.html and your CDD's website.
- Find out the board and committee meeting schedule and agendas and copy and share by text, email, and post in common areas to increase attendance. Pay special attention to dates when the annual budget meeting and board elections are.
- Select a tech savvy resident with a good cell phone or iPad to attend all Board meetings and record them as is permitted by law.
- Pick one or more residents to attend the free DBPR training class available called "Condo and HOA board certification" Class Calendar . (Or, review the PowerPoint from 2024 class. (ignore the Condo stuff under Section 718.)
- Once you have completed that, you will know as much as the board (and qualified to serve)! Also, the DBPR Class PowerPoint slides are also available free online for everyone to read.