Division of Florida Condominiums, Timeshares & Mobile Homes Publishes Sample Board Member Certification Form
One of the provisions of SB 1196, which became effective on July 1, 2010, requires each newly elected or appointed board member to make certain representations to the association in writing. New Section 718.112(2)(d)3.b., Florida Statutes 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.
Many readers have asked where can they find a sample certification form. The Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares and Mobile Homes has published a form on its website. Click the link below:
Of course, board members also have the option of completing an educational curriculum administered by an approved education provider instead of submitting this certification.
Sample Condominium Association Board Member Certification Form
In the past candidates for the Board have signed a statement that they've read the condo documents even when they have not. Can our Board pass a resolution requiring all newly elected Board members to complete the educational curriculum?
RESPONSE: Sure, but it doesn't mean the director will automatically be removed if he or she submits the certification form instead of attending a class.
Is there any specific requirements of notifying a board member who may live out of state that they have been suspended until they meet the State's requirements?
Can it be by email? postal? certified mail? phone?
Is it also true that if a Board member misses 3 board meetings that they can be removed by the majority of the board? Our doc's do not say this and it has never been enforced in the past.
RESPONSE: The Division has taken the position that any removal rights that vary from the statute are subordinate (invalid) to the statute. Thus, board members cannot remove another board member by vote.
Does this only apply to Condo's only or to HOA's and POA's as well by statute?
Even if not required, its seems like a very good idea to have these on file for HOA's.
It is unfortunate the legislators did not mandate all board members complete an educational curriculum similar to a CAM. To mandate that board members simply acknowledge they will uphold the governing documents is laughable.
Why didn't they include HOAs in this?
Where does one enroll to obtain a certificate of a Division Approved Educational Curriculum (North Palm Beach, Fl)?
Where can I get a blanc certificatin form for board members to certify that they have read the 718 and the by-laws
Thank you
RESPONSE: There is a link to the certification form on this site. Click on the language in blue.
I serve on a timeshare board in FL, but live out of state. Are there any guidelines to govern business transacted via telephone?
Also, we have a seven member board...is it OK to have a social event of all members without it being constituted as an official meeting?
An finally, can an executive session be called to discuss personnel issues without owners present?
RESPONSE: Board members may meet by telephone conference so long as there is a way for all owners (members) to participate. This is usually accomplished and specifically contemplated by speakerphone.
There is nothing wrong with board members socializing with each other - just be careful not to discuss association business.