Condos and HOAs

Living with Rules

Is it necessary for board members to take a class after being elected?

by: Bill Raphan July 19th, 2012 | 10:10 AM

In October 2008 Florida Statute 718 (The Condominium Act) was amended to provide a choice of signing a certificate or attending a Division approved course and receiving a certificate from a provider within 90 days of being elected. A director who does not exercise one of these options is suspended from service on the board until they comply.
The statute states:
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.
Here is the problem that I have.
Firstly, we must assume that the board member has read the documents.
Secondly, in order to uphold them you would need to assume that they understand them.
Most associations must consult with their attorneys from time to time to clarify and interpret their documents.
Lastly, the law says nothing about knowing the applicable laws concerning community associations such as statutes, administrative codes, and local codes and ordinances.
Attending a board certification class, such as the classes that we conduct monthly at our Law and Learning Center, gives you knowledge about official records, finances, meetings, fraud, business judgment, and more. This information is essential to board members, and fulfills the statutory requirement.
Also, you get a cool certificate at the end of the class.
Our next free “Board Member Basics” board certification class is
 July 25 from 10am-12pm
At 5297 West Copans Rd. Margate Fl. 33063
To register call 954 315-0372