As this year comes to a close, many condominium and homeowner’s associations begin to elect new board members to their board of directors. As the board transitions board members, as few requirements should be kept in mind. New condo board members must follow a newer rule set forth in Florida Statutes 718.112(2)(d) 3.b. This rule is put into place to help promote educating board members on their association’s rules and regulations. Statute 718.112(2)(d) 3.b states the following:
Within 90 days after being elected or appointed to the board, each newly elected or appointed director shall 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 current written policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members.
This requirement helps to ensure that when new board members are elected, they review the very rules and regulations which they are about to interpret and enforce. There is an alternative to filing a written certification and that is to take educational courses offered by division-approved condominium education provider. Any condo board member who does not comply with either provision will be suspended from the board until he/she completes the requirements.
This rule is not required for new HOA board members, but from a practical standpoint, if you are about to serve as a board member on your HOA board, you should review all of the documents of your association prior to your first meeting, so that you are familiar with how your association should work.