Florida Condo & HOA Legal Blog : Florida Condo Lawyer & Attorney : Becker & Poliakoff Law Firm : Condominium & HOA Law Blog

As you already probably know, the Condominium Act was amended as a result of SB 1196.  Newly elected Board Members must either take a state approved educational course to qualify for Board service or submit a written certification to the Secretary of the Association.

Becker & Poliakoff is pleased to inform you that we have been approved by the Department of Business & Professional Regulation Division of Florida Condominiums, Timeshares and Mobile Homes to teach the required course materials to newly elected Board Members.

This course, “Everything You Wanted To Know About Being A Board Member But Were Afraid To Ask!”, will be taught at various locations throughout the state.  All instructors are attorneys practicing Community Association Law and have been certified by the Department of Business & Professional Regulation.

Why Attend?
- Comply with State Law - rather than simply "certify" yourself
- Understand your legal responsibilities and obligations including your “fiduciary duty”
- Receive our new publication “You’re a Board Member, Now What?” for day to day questions and strategies for handling board responsibilities
- Receive a Quick Reference Guide of checklists, statutory deadlines and charts to assist with elections, meetings and other Board responsibilities.

Topics Covered:
Operations * Records Maintenance * Dispute Resolution * Budgets & Reserves
*Elections * Financial Reporting & More 

Registration is required and you will receive your Certificate of Completion at the end of the course.  ClickHERE for the schedule and information how to register.
 

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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).

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