HOA President Paid by Management Company Raises Legal Questions

Expert weighs in on potential conflict of interest and violation of Florida law.

Mar. 31, 2026 at 10:03am

Got story updates? Submit your updates here. ›

A Florida homeowner recently discovered that their HOA president is also being paid as an assistant property manager by the community's management company, allegedly without a resident vote as required by state law. The homeowner is concerned this arrangement creates a conflict of interest, and an attorney specializing in HOA law confirms the payments may be illegal unless specifically authorized in the governing documents or approved by a majority of residents.

Why it matters

This situation highlights the potential for abuse of power and conflicts of interest that can arise in HOA communities, where volunteer board members may be tempted to financially benefit from their positions. It also underscores the importance of HOA transparency and resident oversight to ensure compliance with state laws.

The details

According to the homeowner, their HOA president recently resigned and the vice president took over the role, though a VP is not required. The homeowner was then informed by the property management company that the new president is also being paid as an assistant property manager, which the board allegedly approved three years ago without a resident vote. The former treasurer confirmed the president is paid as a 1099 independent contractor, but this compensation is not reflected in the HOA's budget.

  • The board allegedly approved the president's paid position three years ago.
  • The homeowner recently discovered the arrangement.

The players

L.C.

A homeowner in the HOA community since 1987 who discovered the president's paid position.

Ryan Poliakoff

An attorney and author based in Boca Raton who specializes in condominium and planned development law.

HOA President

The current HOA president who is also being paid as an assistant property manager.

Former Treasurer

The previous HOA treasurer who has since moved out of state and confirmed the president's paid position.

Property Management Company

The company overseeing the HOA community and employing the HOA president as an assistant property manager.

Got photos? Submit your photos here. ›

What they’re saying

“I have lived in my HOA community since 1987. I recently found out that our board is doing something that I consider to be a conflict of interest.”

— L.C., Homeowner

“Unlike the Condominium Act, which is more liberal regarding board members getting paid for services that are unrelated to their service on the board, the HOA Act, at Section 720.303, Fla. Stat., expressly prohibits directors, officers or committee members from, among other things, 'benefit[ting] financially from service to the association.' That's an extremely broad prohibition, and it would likely apply to your president getting paid to serve as your assistant manager (though it would not prohibit her from working for the management company at another property).”

— Ryan Poliakoff, Attorney and HOA Law Expert

What’s next

If the HOA board and management company do not address the homeowner's concerns, the homeowner may need to pursue legal action to challenge the president's paid position, which could be a violation of Florida law.

The takeaway

This case highlights the importance of HOA transparency and resident oversight to ensure volunteer board members do not abuse their positions for personal financial gain, which can undermine the community's trust and violate state laws intended to protect homeowners.