Posted in Condominium & Homeowner Association Law
Florida’s Mandatory Condominium, Cooperative, and HOA Certification Requirements for Newly Elected Board Members
All Florida Condominium, Cooperative, and Homeowners Association’s (“HOA”) should be aware that Florida law requires mandatory certification of newly elected members of an Association’s Board of Directors within 90 days after becoming elected to the Board. Failure of a Board Member to meet the certification requirements results in the Board Member being suspended from the Board until the certification requirement is met.
Below is a summary of the two certification options (See Florida Statutes 718.112(2)(d)(4)(b); 719.106(1)(d)(1)(b); 720.3033(1)):
Whichever of the two certification options that the director provides will be valid for the uninterrupted tenure of the director on the board, so a director does not need to provide a new certification unless there is a break in the term of service as a director. It is very important that all newly elected directors comply with this new requirement because the law requires that a director who does not timely file the written certification or educational certificate must be suspended from the board until he or she complies with the requirement and the board may temporarily fill the vacancy during the period of suspension.
An association is required to retain each director’s written certification or educational certificate for inspection by the members for 5 years after the director’s election. Fortunately, the failure to have the written certification or educational certificate on file does not affect the validity of any board action.
If an association has any questions regarding these board member certification requirements or needs assistance or advice in complying with them, they should contact their attorney.
Board member certification courses not only meet the mandatory statutory requirements, but they also provide a lot of information for new board members to ensure the Association operates effectively and in compliance with Florida law.
Florida Statutes §§ 718.112(2)(d)(4)(b) (condominiums)