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).