HOA Harassment Cheat Sheet
Why Every Homeowner in an HOA Needs a Harassment Protection Cheat Sheet
Living in a homeowners association should feel safe, fair, and community-focused—but when board members, property managers, or even neighbors misuse their authority, homeowners often feel intimidated, isolated, or powerless. That’s why a Harassment Protection Cheat Sheet is essential. It gives residents immediate access to the exact Florida statutes that protect them from bullying, retaliation, selective enforcement, and abusive conduct. Instead of guessing what the law says—or being misled by an uncooperative board—homeowners can quickly understand their rights, identify when boundaries have been crossed, and take confident, informed action. By having these protections in one place, residents gain clarity, empowerment, and a road map for what to do when harassment threatens the peace and integrity of our community.
📄 Harassment Protection Cheat Sheet (Florida Law)
For Homeowners in HOA Communities
This sheet summarizes the Florida laws that protect homeowners from harassment, intimidation, retaliation, misconduct, and abuse of authority by HOA board members, property managers, or neighbors.
✅ 1. Florida’s Main Anti-Harassment Law (Criminal)
Florida Statute §784.048 – Stalking & Harassment
Harassment Definition:
A willful, repeated course of conduct that causes substantial emotional distress and serves no legitimate purpose.
Covers:
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Repeated unwanted communication
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Intimidation
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Following or monitoring
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Threats
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Cyberstalking
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Targeted emotional distress
Penalties:
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Harassment / Stalking: Misdemeanor
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Aggravated Stalking (threats, minors, court orders): Felony
Use this statute if the behavior involves threats, personal intimidation, or repeated unwanted contact.
✅ 2. HOA Record-Denial Harassment / Abuse of Authority
Florida Statute §720.303(5) – Official Records Access
Requires the HOA to provide official records within 10 business days.
Repeated, willful refusal to provide records is treated as misconduct.
Harassment examples:
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Intentionally withholding documents
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Intimidation for requesting records
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Retaliatory behavior after a records request
This can be cited in DBPR complaints.
✅ 3. Board Member Misconduct, Abuse, or Retaliation by HOA
Florida Statute §720.305 – Enforcement & Owner Protections
Protects owners from:
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Selective enforcement
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Retaliatory violations
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Harassing fines
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Intimidation after disputes
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Unequal rule enforcement
This is the key statute for retaliation by the board.
✅ 4. CAM (Property Manager) Harassment or Misconduct
Florida Statute §468.436 – Disciplinary Actions for Community Association Managers
CAMs can be disciplined for:
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Harassment
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Oppressive conduct
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Intimidation
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Misrepresentation
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Failure to provide records
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Retaliation against homeowners
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Abuse of position
This can result in:
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Fines
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License suspension
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State investigation
Use this if harassment is coming from the management company or CAM.
✅ 5. Required Conduct & Certification for Board Members
Florida Statute §720.3033 – Board Member Duties & Certification
Protects homeowners from:
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Untrained board members
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Abusive or unqualified directors
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Directors who never completed certification
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Directors acting outside their authority
Uncertified directors are automatically suspended.
Any intimidation, misconduct, or retaliation from them can be challenged.
🌟 How Homeowners Can Use These Statutes Together
✔ For repeated intimidation → §784.048
✔ For withholding documents or retaliating after requests → §720.303(5)
✔ For selective enforcement or punishment → §720.305
✔ For CAM or management company harassment → §468.436
✔ For board members acting improperly or without certification → §720.3033
These statutes create a layered shield protecting homeowners from harassment, retaliation, and misconduct.