One of the important changes to the Florida condominium association laws that was enacted last year is the new certification requirement for condominium board members. Our firm recently conducted board member certification seminars in Miami-Dade, Broward and Palm Beach counties, and we received a great deal of questions about the new requirements prior to and during these events. Here is a helpful summary of the new certification requirements for board members:
Within 90 days after being elected or appointed to a condominium board, each newly elected or appointed director must certify in writing to the secretary of the association that he or she has read the association’s declaration of condominium, articles of incorporation, bylaws, and policies. Additionally, this written certification should confirm that he or she will work to uphold such documents and policies to the best of his or her ability, and will faithfully discharge his or her fiduciary responsibility to the association’s members. Alternatively, a newly elected or appointed director may submit a certificate of completion after attending a board member certification course that has been approved by the state.
A director who fails to file the written certification or educational certificate within this 90-day period is suspended from serving on the board until he or she complies with this requirement. Finally, the association must retain a director’s written certification or educational certificate for inspection by the members for 5 years after a director’s election. However, the failure to have the certifications or certificates on file does not affect the validity of any action by the board.
It is also important to note that these new certification requirements only apply to condominium associations and not to cooperative or homeowners associations.
In the coming months, the condominium association lawyers in South Florida at our firm will continue to offer board member certification seminars to condominium association directors and property managers, as well as several other seminars and courses that qualify for continuing education CAM credits for property managers. Contact us toll free at 1-800-737-1390 or via e-mail at [email protected] to inquire about the possibility of scheduling a seminar for your organization, and be sure to enter your e-mail address in the subscription box on the right in order to automatically receive all of our future blog posts.