10/14/2026
🚨 FIDUCIARY RESPONSIBILITY DOES NOT DISAPPEAR BECAUSE A CONDOMINIUM IS COMMERCIAL.
Florida establishes a fiduciary relationship between condominium association officers and directors and the unit owners.
That responsibility belongs to the people entrusted with leadership. It does not disappear because one owner controls the majority of the votes.
Yet we have made call after call, raised concerns, and submitted complaints about a commercial condominium operating under Chapter 718—only to keep hearing from DBPR:
“We don’t govern them.”
Then WHO holds leadership accountable for its fiduciary responsibility?
Here are the concerns we have raised:
▪️ A majority owner hiring a close friend at a $50,000 salary, without the board approval or transparency we have been requesting.
▪️ Withdrawals from association reserves, with unanswered questions about authorization and use.
▪️ Repeated complaints that have brought us no meaningful resolution.
These concerns demand records, explanations, and scrutiny.
Fiduciary responsibility means taking seriously the interests of the owners whose money you are entrusted to manage. Association funds should never be treated as a personal checkbook.
Where are the approvals? Where are the minutes? Where is the accounting? How do these decisions serve the association?
A majority vote is not a blanket exemption from fiduciary responsibility.
Commercial condominiums remain subject to Chapter 718. But DBPR—the Department of Business and Professional Regulation—has condominium enforcement authority focused on residential condominiums.
That leaves owners facing a painful reality: court remedies exist, but pursuing them can mean spending thousands of dollars of their own money while the financial decisions they are challenging continue.
Owners have already paid into the association. Now they must pay again to seek enforcement of the fiduciary responsibility owed to them.
As a licensed community association manager, I am expected to follow the law and answer for my professional conduct. Association officers and directors should face meaningful accountability for their obligations, too.
Florida needs clear oversight, an accessible complaint process, and meaningful enforcement for commercial condominium associations.
Fiduciary responsibility must be more than words in a statute. Owners need a practical way to enforce it.
If you have faced this same roadblock, share your experience. Share this post. Tag your Florida legislators.
ACCOUNTABILITY SHOULD NOT DEPEND ON AN OWNER’S ABILITY TO AFFORD AN ATTORNEY.
Rachel DeCamp
Valerie McColgin