HOA Justice Now

Potential Fines & Penalties Overview

Last Updated

Educational Resource: Statutory Consequences IF Violations Are Confirmed by Authorities

⚠️ IMPORTANT DISCLAIMER

This page does not allege that any person or entity is guilty of any violation.

All penalties listed below are statutory maximums that can apply IF violations are confirmed by appropriate authorities through official investigation and due process.

The purpose of this page is:

  • Education and transparency for homeowners
  • Public awareness of applicable laws and regulations
  • Informed decision-making by owners and policymakers

This is NOT legal advice and does not assign blame. It simply outlines statutory frameworks for accountability under Florida and Federal law.

🔥 CATEGORY 1 — Potential Criminal Violations

(Felonies / Prison-Time Eligible)

These are serious criminal offenses that can result in incarceration if confirmed through criminal investigation.

1. Wire Fraud / Mail Fraud (Federal Offense – 18 U.S.C. § 1343, § 1341)

IF special assessment letters, demand letters, or meeting notices contained false statements used to collect money:

Possible Penalties IF Confirmed:

  • Up to 20 years federal prison per count
  • Fines up to $250,000 per individual
  • Fines up to $500,000 per organization
  • Restitution to victims

2. Organized Fraud / Scheme to Defraud (Florida Statute §817.034)

IF coordinated misrepresentations about window requirements, code “changes,” NOA requirements, assessment authority, or owner obligations were used to extract money:

Possible Penalties IF Confirmed:

  • Amount over $50,000: 1st degree felony (up to 30 years prison)
  • Amount $20,000-$50,000: 2nd degree felony (up to 15 years prison)
  • Fines, restitution, forfeiture of proceeds

Note: Given potential multi-million dollar impact on 128 owners, amounts would likely exceed thresholds.

3. Grand Theft (Florida Statute §812.014)

IF money was collected through:

  • Unauthorized assessments
  • Payments obtained under false pretenses
  • Contractor overcharges based on misrepresentations

Possible Penalties IF Confirmed:

  • Amount over $100,000: 1st degree felony (up to 30 years prison)
  • Amount $20,000-$100,000: 2nd degree felony (up to 15 years prison)
  • Restitution to victims

4. Falsification of Official Records (Florida Statute §839.13)

IF false statements were knowingly entered into Board-approved minutes (example: January 14, 2025 “code changes” claim when code didn’t actually change):

Possible Penalties IF Confirmed:

  • 3rd degree felony (up to 5 years prison)
  • Fines up to $5,000
  • Director removal from office

5. Perjury (Florida Statute §837.02)

IF any Board member, CAM, contractor, or attorney gave sworn statements in arbitration, complaints, or city proceedings that contradict documented evidence:

Possible Penalties IF Confirmed:

  • 3rd degree felony (up to 5 years prison)
  • Fines
  • Professional consequences

6. Insurance Fraud (Florida Statute §817.234)

IF false statements about windows, installations, or structural alterations were used to influence insurance coverage:

Possible Penalties IF Confirmed:

  • 1st degree felony (up to 30 years) if amount exceeds $100,000
  • 2nd degree felony (up to 15 years) if amount $20,000-$100,000
  • License revocation
  • Restitution

7. Construction Fraud (Florida Statute §489.127)

IF unauthorized structural alterations occurred (example: furring strips not in contract creating wall thickness changes):

Possible Penalties IF Confirmed:

  • 3rd degree felony (up to 5 years prison)
  • Contractor license suspension or revocation
  • Fines up to $10,000
  • Restitution for corrective work

8. Elder Abuse / Financial Exploitation (Florida Statute §825.103)

IF elderly owners were financially pressured, misled, or threatened with loss of housing:

Possible Penalties IF Confirmed:

  • 2nd degree felony (up to 15 years) if $10,000-$50,000
  • 1st degree felony (up to 30 years) if over $50,000
  • Enhanced penalties due to protected victim class
  • Mandatory restitution

9. RICO – Racketeer Influenced and Corrupt Organizations (18 U.S.C. § 1961-1968)

IF pattern of racketeering activity is proven across multiple parties over time involving:

  • Mail/wire fraud predicate acts
  • Coordinated activity between Board, attorneys, contractors, management, engineers
  • Financial extraction scheme spanning years

Possible Penalties IF Confirmed:

  • Up to 20 years federal prison per RICO count
  • Fines up to $250,000 per individual
  • Forfeiture of proceeds
  • Treble damages (triple the financial harm) in civil RICO
  • Criminal forfeiture of assets

🔥 CATEGORY 2 — Civil Liability

(Major Lawsuit Exposure, Money Judgments, Injunctions)

10. Breach of Fiduciary Duty (Florida Statute §718.111)

IF Board members failed to act in owners’ best interests through:

  • Unauthorized spending
  • False statements in official communications
  • Violating governing documents
  • Concealing material information

Possible Consequences IF Confirmed:

  • Personal liability for Board members
  • Money damages to affected owners
  • Attorney fees paid by violating parties
  • Removal from office
  • Injunctive relief

11. Breach of Contract

IF Board mandated work on owner-responsibility items (Declaration states owners are responsible for windows/doors):

Possible Consequences IF Confirmed:

  • Contract invalidation
  • Return of collected assessments
  • Damages for unauthorized mandates
  • Attorney fees

12. Negligence / Gross Negligence

IF construction defects resulted from improper oversight:

  • Wall misalignment
  • Window flange problems
  • Moisture traps from improperly installed furring strips
  • Missing insulation
  • Unauthorized roof cuts

Possible Consequences IF Confirmed:

  • Damages for repairs
  • Diminished property values
  • Personal injury if structural failures occur
  • Punitive damages if gross negligence proven

13. Fair Housing Act Retaliation (42 U.S.C. § 3617)

IF disabled owner was retaliated against for asserting rights:

Possible Consequences IF Confirmed:

  • Federal penalties: $16,000 first offense, up to $65,000 for repeated violations
  • Compensatory damages (emotional distress, medical impacts)
  • Punitive damages
  • Attorney fees
  • DOJ civil rights investigation
  • Injunctive relief

14. Due Process Violations

IF improper procedures were used for:

  • Special assessments without required notice
  • Meetings held without proper 14-day advance notice
  • Actions taken outside properly noticed Board meetings

Possible Consequences IF Confirmed:

  • Invalidation of actions taken
  • Monetary damages
  • Injunctive relief
  • Attorney fees

15. Defamation / False Light

IF false accusations were made publicly (example: unsubstantiated claims of “stalking” or “threatening behavior”):

Possible Consequences IF Confirmed:

  • Compensatory damages (reputation harm, emotional distress)
  • Punitive damages if malice proven
  • Attorney fees
  • Retraction requirements
  • Injunctive relief

🔥 CATEGORY 3 — Administrative & Regulatory Violations

(Fines, License Discipline, Removal from Office, DBPR Enforcement)

16. Florida Condominium Act Violations (Chapter 718)

Multiple subsections potentially applicable IF violations confirmed:

§718.113(5) – Hurricane Protection / Material Alterations:

  • Mandating owner-responsibility window/door work without required vote
  • Penalty: $5,000 per violation, mandatory corrective action, restitution

§718.112(2)(c) – Illegal Special Assessments:

  • Issuing assessments without proper Board meeting
  • Penalty: Assessment invalidation, return of funds, fines up to $5,000 per occurrence

§718.112(2)(e) – Improper Meeting Notice:

  • Failing to provide required 14-day advance notice
  • Penalty: $500-$5,000 per violation, action invalidation

§718.111 – Records Violations / Fiduciary Breach:

  • Denying records access
  • Failing to maintain accurate records
  • Penalty: $500 per day violations continue, attorney fee shifting, removal from office

§718.3026 – Contracts Without Proper Approval:

  • Material contracts entered without proper authorization
  • Penalty: Contract invalidation, personal liability, fines

§718.501 – DBPR Enforcement Authority:

  • Various violations subject to Department investigation
  • Penalty: Civil penalties, corrective orders, removal from office, referral for criminal prosecution

17. Unauthorized Material Alterations

IF siding material, wall thickness, window framing changes occurred without required 75% owner vote:

Possible Consequences IF Confirmed:

  • Fines up to $5,000 per occurrence
  • Mandatory vote requirements
  • Corrective actions ordered
  • Restitution to affected owners
  • Personal liability for directors

18. Violations of Florida Administrative Code

IF engineering changes occurred without updated plans or proper approvals:

Possible Consequences IF Confirmed:

  • Engineering license discipline
  • Contractor license discipline
  • Fines
  • Corrective construction orders
  • City code enforcement actions

19. CAM (Community Association Manager) Misconduct (Chapter 468, Part VIII)

IF management company (Your Management Services) issued unauthorized assessments or engaged in deceptive practices:

Possible Penalties IF Confirmed:

  • Fines up to $5,000 per violation
  • CAM license suspension (up to 2 years)
  • CAM license revocation
  • Probation with conditions
  • Mandatory additional education
  • DBPR enforcement action

20. Attorney Misconduct (Florida Bar Rules of Professional Conduct)

IF attorney (Rhonda Hollander) engaged in:

  • Misrepresenting NOA requirements (“requires” vs “may”)
  • Contradicting client’s own documented knowledge (2011-2023 minutes)
  • Providing false statements in demand letters
  • Offering legal cover for unauthorized work
  • Participating in scheme to bypass owner voting rights

Possible Penalties IF Confirmed by Florida Bar:

  • Public reprimand
  • Probation with conditions
  • Suspension from practice (temporary)
  • Disbarment (permanent loss of license)
  • Fines
  • Restitution
  • Mandatory continuing legal education

🔥 CATEGORY 4 — HOA Governance & Ethical Failures

(Removal, Lawsuits, Fines, Reputational Damage)

These may not result in criminal prosecution but can lead to removal from office, civil liability, and regulatory sanctions.

21. Retaliation Against Owners Who Question Board Actions

IF owners were subjected to:

  • Intimidation tactics
  • Excessive legal threats
  • Police presence used to silence dissent
  • Public shaming
  • Discriminatory enforcement

Possible Consequences:

  • Civil rights violations
  • Fair Housing Act claims
  • Emotional distress damages
  • Attorney fees
  • Injunctive relief

22. Failure to Maintain Transparency

IF Board:

  • Ignored records requests
  • Hid contracts or cost comparisons
  • Concealed cheaper alternatives
  • Withheld material information

Possible Consequences:

  • Records violations penalties ($500/day)
  • Attorney fee shifting
  • Presumption against Board in disputes
  • Loss of credibility with regulators

23. Rogue Decision-Making Outside Board Authority

IF President, CAM, or attorney made major decisions without proper Board votes:

Possible Consequences:

  • Actions invalidated
  • Personal liability
  • Breach of fiduciary duty claims
  • Removal from office

24. Manipulating or Falsifying Minutes

IF minutes contained:

  • Omissions of key discussions
  • Rewritten narratives
  • False entries (example: “code changes” claim)
  • Selective documentation

Possible Consequences:

  • Evidence excluded in disputes
  • Presumption against Board
  • Falsification charges (criminal)
  • Civil damages

25. Using Fear, Misinformation & Coercion to Control Owners

IF Board employed tactics such as:

  • Window “scare tactics” without legal basis
  • Fraudulent “code changes” claims
  • Fake emergency requirements
  • Threats of massive fines without authority
  • Foreclosure threats for illegitimate charges

Possible Consequences:

  • Civil fraud claims
  • Emotional distress damages
  • Punitive damages
  • Class action exposure
  • Regulatory sanctions

26. Allowing Contractors to Deviate From Contract Scope

IF unauthorized work occurred:

  • Furring strips not in contract
  • Wall thickness expansions
  • Missing insulation
  • Improper window handling
  • Unauthorized roof alterations

Possible Consequences:

  • Breach of contract claims
  • Contractor liability
  • Board liability for inadequate oversight
  • Corrective construction at Board/contractor expense
  • Diminished property values

📊 FINANCIAL IMPACT SUMMARY

IF violations are confirmed by authorities, potential financial exposure could include:

For Individual Board Members:

  • Personal liability for unauthorized actions
  • Fines ranging from $500 to $5,000+ per violation
  • Restitution payments
  • Attorney fees (both their own defense and prevailing parties’)
  • Potential criminal fines up to $250,000
  • Asset forfeiture if RICO applies

For The Association (Ultimately Paid by Owners):

  • Return of improperly collected assessments
  • Corrective construction costs
  • Legal defense costs (already $125,000+ in 2025)
  • Regulatory fines and penalties
  • Damages in civil lawsuits
  • Property value diminishment

For Service Providers (Attorneys, CAMs, Contractors):

  • Professional license discipline or revocation
  • Fines up to $10,000 per violation
  • Restitution obligations
  • Loss of professional reputation
  • Criminal exposure if knowing participation proven
  • Civil damages and attorney fees

For Engineers:

  • Florida Board of Professional Engineers discipline
  • License suspension or revocation
  • Fines
  • Professional liability exposure
  • Reputational damage

🎯 SUMMARY: THE STATUTORY FRAMEWORK EXISTS

This page demonstrates that IF investigations confirm misconduct, the legal framework provides for:

✅ Criminal prosecution (fraud, theft, elder abuse, RICO)
✅ Civil liability (breach of duty, negligence, contract violations)
✅ Administrative sanctions (fines, license discipline, removal)
✅ Professional consequences (attorney/CAM/engineer discipline)
✅ Financial restitution to affected owners
✅ Corrective actions and injunctive relief

The consequences exist in statute. Whether they apply depends on what authorities determine through proper investigation and due process.

📢 PUBLIC INTEREST & TRANSPARENCY

This information is published in the public interest to:

  • Educate homeowners about their legal rights
  • Inform owners of applicable statutory frameworks
  • Promote transparency in HOA governance
  • Support accountability under Florida and federal law
  • Assist regulators and investigators with statutory references
  • Encourage compliance with legal requirements

All evidence supporting the need for investigation is documented at:
www.HOAJusticeNow.com

🔗 RELATED RESOURCES

Compiled by: Shawn Martin, MBA
Owner, Director & Whistleblower @ Omega Villas Condo Association

Website: www.HOAJusticeNow.com

Disclaimer: This page is for educational purposes only and does not constitute legal advice. Consult with a qualified attorney for specific legal guidance. No allegations of guilt are made; this page simply outlines what statutory penalties could apply IF violations are confirmed through proper legal processes.