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