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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Board Certification & Approved Education Providers; SB 1196

Posted in Legislation, Operations

The law isn’t even effective yet and everyone wants to know where, when and whether they need the “board certification” required by the changes to §718.112(2)(d), Florida Statutes in SB 1196. All good questions but please let me clarify – condo directors elected after the effective date of the law either need to provide the association with a certificate containing various representations or evidence they have completed an education course. The statute says:  

b. 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. In lieu of this written certification, the newly elected or appointed director may submit a certificate of satisfactory completion of the educational curriculum administered by a division-approved condominium education provider. A director who fails to timely file the written certification or educational certificate is suspended from service on the board until he or she complies with this subsubparagraph. The board may temporarily fill the vacancy during the period of suspension. The secretary shall cause the association to retain a director’s written certification or educational certificate for inspection by the members for 5 years after a director’s election. Failure to have such written certification or educational certificate on file does not affect the validity of any action.

The 2008 amendments to Section 718.112(2)(d)3., of the condominium act required candidates for the board to submit a certification form (prepared by the Division) to the association along with their notices of intent.  This change now requires the elected directors (not candidates) to certify:

  • they have read the governing documents & association’s policies;
  • they will work to uphold the documents & policies to the best of their ability; and
  • they will faithfully discharge their fiduciary responsibilities.

Who is an approved education provider?  Well Becker & Poliakoff is of course!  We have provided education to board members, licensed property managers & industry representatives for more than thirty (30) years.  The Firm offers on-line education as well as live, interactive webinars for those who cannot take off work or devote a Saturday to course work. There are other approved providers in the State of Florida – CAI (Community Associations Institute) is a provider and offers on-line courses in addition to live seminars (most of which are free).

  • Christine

    As stated in the original SB 1196, does this still does not pertain to timeshares?
    Thank you,
    C. Giordano

  • Ed Farrell

    Does SB 1196 apply to home owner associations?
    RESPONSE: There are a number of provisions that apply to homeowners associations. I described some of them with respect to records inspections/access on the blog and identified particular provisions for HOAs in the following post (which was based on the bills as they read at that time – there may be some changes):
    http://www.floridacondohoalawblog.com/2010/04/articles/legislation-1/pending-2010-legislative-changes-for-hoas/

  • http://www.markrbenson.com Mark R. Benson

    What is a “licensed property managers”.
    In Florida we have Licensed Community Association Managers.
    Mark

  • Christine Giordano

    As stated in the original SB 1196, does “board certification” still does not pertain to timeshares (721)?
    Thank you,
    C. Giordano
    RESPONSE: Correct

  • Amy B.

    Would the term “newly elected or appointed” imply that those incumbent directors who are re-elected / re-appointed would NOT be required to submit such certification?

  • Todd Hoffman

    Regarding personnel records for HOA employees, SB 1196 states that such records as payroll, health insurance, etc. are no longer accessible to members. Therefore if a HOA Director were to share such information with a member who may or may not have requested such information would they be in violation of SB 1196?
    RESPONSE: This is such a charged issue right now. The law is brand new – ‘hot of the press’ so to speak & hasn’t been tested. Not yet anyway …. The law says that the association isn’t liable for misuse of information unless that information is disclosed without authorization.

  • Diana Soltis

    How do I bacome a Condo Assn. Manager? I understand the classes are available in Orlando.

  • Ruth Cordero

    are there any courses in 2011 for Board Member Certification? Please advise. Thank byou
    RESPONSE: The Firm is hosting several board certification courses throughout the state. Please go to the main page of our website and click on the highlighted language to see the schedule. Also check with the local community college and the local chapter of CAI (Community Associations Institute).

  • Ruth Cordero

    are there any courses in 2011 for Board Member Certification? Please advise. Thank you
    RESPONSE: The Firm is hosting several board certification courses throughout the state. Please go to the main page of our website and click on the highlighted language to see the schedule. Also check with the local community college and the local chapter of CAI (Community Associations Institute).

  • Jay Turner

    Leland Management Company gives an excellent certification course periodically throughout Florida.
    Subjects that they cover include:
    Condominium Operations
    Budgeting
    Financial Reports / Collections / Bad Debt
    Insurance Requirements

    For more information check out their website: http://www.lelandmanagement.com/educationinfo1.asp

  • http://www.floridacondohoalawblog.com/ Lisa Magill

    Thanks for the information.