Getting Ahead of the Curve Educational Resources for Boards

 Being elected to a condo or HOA board is a great feather in one’s cap, but it’s important to understand what the job requires. To encourage boards to be more  proactive in dispatching their duties, the Florida Department of Business and  Professional Regulation (DBPR) came up with a set of guidelines to help them do  just that.  

 State Requirements

 Florida, in fact, is one of the few states that require board members to be  trained. As of July 1, 2010, newly elected or appointed condo board members are  required to submit a certificate of satisfactory completion of an educational  course approved by the Florida DBPR, or an affidavit attesting that they read  Florida Statute 718 and all of their governing documents.  

 “Several years ago there were concerns that more and more associations were  experiencing fraud or problems of one sort or another. Several groups pushed  the legislature for reforms including making education mandatory,” says attorney Donna DiMaggio Berger, a partner with the community association  law firm of Katzman Garfinkel & Berger (KGB). “The mandatory education component never passed, but the certification language  we have today was the compromise position. While the data didn’t support the assertions of widespread problems, clearly most communities could  benefit from having a knowledgeable board in place.”  

 New directors can become certified by either signing a certificate stating that  they have read, understand and will work to uphold their community’s governing documents and policies to the best of his or her ability, and will  faithfully discharge his or her fiduciary responsibility to the association's  members.  

 Affadavits are great of course, but the more popular option is having new  directors attend a state-approved educational course.  

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