Question: I am a member of the board of directors of my condominium association. One of our members has not completed a board member certification course and has not signed the form stating that they have read and will uphold the documents. My understanding is this is required by Florida law. What are the consequences of a board member not complying with the certification requirement? (C.O. by e-mail)
Answer: I have discussed this requirement in several previous posts. The statute requires that within 90 days of being elected or appointed to the board, the director shall certify in writing to the secretary of the association that they have read the association’s documents and will uphold such documents to the best of his or her ability. In lieu of this written certification, a board member may also complete an educational program approved by the Division of Condominiums, Timeshares, and Mobile Homes and submit a certification of having completed such curriculum to the secretary of the association. A board member may complete the educational curriculum up to one year before being appointed or elected to the board or within 90 days of such election or appointment. If a board member fails to comply with the certification requirement, or complete an educational program, within 90 days of his or her election or appointment to the board of directors, the statute provides that he or she is “suspended from service on the board until he or she complies.” Further, the board is authorized to temporarily fill the vacancy created by such suspension.
The statute also goes on to state that “failure to have such written certification or educational certificate on file does not affect the validity of any board action.”