Posted on July 27, 2010 by Lisa Magill

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

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Posted on February 9, 2010 by Lisa Magill

Regulating Florida HOAs - Draft Report Issued by OPPAGA

The Office of Program Policy Analysis & Government Accountability (OPPAGA) Issues Report Outlining Various Options for Regulation of Homeowners Associations (HOA).

 OPPAGA evaluates performance and accountability of various governmental activities.  The Draft Report finds that the legislature showed significant interest in regulating Florida's Mandatory Membership Homeowners Associations over the past several years.  In 2007 a Senate interim study recommended alternative dispute resolution mechanisms to facilitate resolution of homeowner issues.  The 2008 Select Committee on Condominium and Homeowners Association Governance recommended increasing enforcement, mandatory education for board members and allowing local law enforcement to access association records during an investigation.  In 2009, the Community Association Living Study Council recommended immediate legislative action to curtail the powers of homeowners associations.

The Draft Report describes several options available to the Legislature, to wit:
OPTION ADVANTAGES DISADVANTAGES
Maintain Status Quo  No Cost

Inability to effectively calculate # of HOAs and homes governed by HOAs

Remains difficult to determine extent of problems

 Collect Information

 Allows Legislature to estimate needs/costs of additional services

Department of State can perform this service without additional cost

  Requires HOAs to report information
Expand Service of Office of Ombudsman to HOAs

Disputes are similar - staff already has expertise

Resolutions without expensive pre-suit mediation or litigation

Education designed to minimize disputes

Provide tracking data

 

  Unknown Cost - needs source of funding
 Regulate Like Condos/Coops

State mediation/arbitration services may reduce litigation

Education could minimize disputes

More uniform enforcement of laws

  Unknown cost - 2006 study estimated $10 million in funding required annually


The Ombudsman's Office reports that most of the complaints about HOAs concern properties in South Florida.  The complaints are largely similar to Condo/Coop complaints - the majority of which include lack of access to association records, election disputes, selective enforcement of covenants and the inability to participate at meetings.

Is it time for Florida to provide more oversight to HOAs?  Would Florida homeowners benefit from the services of the Ombudsman or the DBPR?  Would the costs justify or outweigh the benefits?

There are a number of bills filed for consideration during the 2010 legislative session - some of which include additional regulations for HOAs.  Please refer to other posts on this site for information about pending bills or visit CALL to participate in the legislative process.

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