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

Departing Condominium Board Member Must Relinquish Keys Within Five Days

Posted in Managers (CAMS), Operations, Reader Q&A

ThinkstockPhotos-76766997Question: Recently, our association’s president resigned and took a job with our management company at another complex. While our office manager was on vacation this former president was in her office for a few hours. If he resigned doesn’t he have to turn in his key to the office. He has no business in there. Can he do this? He is a resident just like I am. W.F. via e-mail

Answer:  The Florida Condominium Act requires an outgoing board or committee member to relinquish all official records and property of the association in their possession or under their control to the incoming board within five days of leaving the board.  The statute further states that failure to take this step could expose the outgoing board member to civil penalties.

If your former president had the key due to his previous status as an officer, he should return his key to the office and should not be allowed access to the association office when association representatives are not present.  However, it is possible that he was there on behalf of the management company for which he now works, “filling in” for the regular manager.  If that is the case, I would speak to the owner of your management company as having a unit owner act as manager raises a host of legal and practical challenges.  The bottom line is that it is critically important for all associations to ensure that the office and records of the association are properly protected and secured.