One of the toughest issues HOA and condo boards face is deciding where board responsibilities end and property manager duties begin. A recent HOAleader.com discussion highlighted this through a real example: a Florida board that handed its entire fining process—including architectural denials, violations, and fines—to its property manager.
The board did this because Florida law requires fining committees to be independent of the board, and the board couldn’t meet that requirement. Instead of forming a proper committee or restructuring their process, they delegated fining authority to the manager. While convenient, this raises serious questions about whether boards can—or should—transfer such significant decision‑making power.
Legal experts and seasoned managers agree: some duties belong strictly to the board. Enforcement actions, fines, and architectural approvals involve discretion, governance, and legal consequences. Delegating these functions wholesale can blur accountability and may violate state laws designed to protect homeowners.
The solution is to match each task to the appropriate role. Managers are best at day‑to‑day operations, record‑keeping, and administrative support. Boards must retain authority over policy decisions, enforcement, and anything involving homeowner rights or legal judgment.
Before delegating any major responsibility, boards should review their governing documents and state law to confirm what can legally be handed off—and consider whether doing so truly benefits the community.
This post reflects our understanding of publicly reported news and legal changes as of its publish date above — laws, rules, and market conditions continue to change. This isn't legal, financial, or insurance advice; confirm anything specific to your situation with a licensed professional.
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