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It is very important for Board Members to know their Condo Docs and Florida Statutes.

Board Member Certification

Board Directors Must Read & Uphold the Association's Governing Documents.

Per Florida statute 718.112(2)(d)4b, "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.

The following form, from the Dept. of Business & Professional Regulation, is used to provide board member certification:

Director Certification Form

In lieu of this written certification, within 90 days after being elected or appointed to the board, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved condominium education provider within 1 year before or 90 days after the date of election or appointment. The written certification or educational certificate is valid and does not have to be resubmitted as long as the director serves on the board without interruption. 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 sub-subparagraph."

Florida Condominium Statutes

Florida Statute 718 provides regulations governing condominiums in the state of Florida.  It's extremely important that all board members have familiarity with this statute as well as the various other related statutes on the Links page of this website.

Click on the following link to view Florida Statute 718:

Chapter 718 FL Statute


Division of Condominiums Annual Report

As required by Chapter 718.501(1)(s), Florida Statutes, the Division of Florida Condominiums, Timeshares, and Mobile Homes publishes annual reports regarding:

  1. The number of training programs provided for condominium association board members and unit owners,
  2. The number of complaints received by type,
  3. The number and percent of complaints acknowledged in writing within 30 days,
  4. The number and percent of investigations acted upon within 90 days,
  5. The number of investigations that are in excess of the 90-day requirement, and
  6. Recommendations for making improvements in the Division's core business processes and legislative changes. 

Click on the following link to view the 2013-2014 Report:

FL Condos Annual Report

Penalties for Statute Violations

Florida's Administrative Code 61B-21.003(7) lists possible penalties that could be levied by the Division of Florida Condominiums, Timeshares & Mobile Homes for an Association's statute violations.  The Division defines three ranges of fine categories:

Violation

Penalty Range

Jupiter Bay Exposure

Maximum Allowed

Minor
$1 - $5 Per Unit
$359 - $1,795
$2,500
Major Category 1
$6 - $10 Per Unit
$2,154 - $3,590
$5,000
Major Category 2
$12 - $20 Per Unit
$4,308 - $7,180
$5,000

These fines cover a range of statute violations including those related to Board, Budget, Elections, Records, Reporting, etc.  Examples include:

  • Failure to properly notice and conduct board of administration or committee meetings (Minor Violation).
  • Failure to allow unit owners to attend board or committee meetings (Minor Violation).
  • Failure to timely notice budget meeting (Minor Violation).
  • Failure to provide a timely or substantive response to a written inquiry received by certified mail (Minor Violation).
  • Failure to maintain or annually update the question and answer sheet (Minor Violation).
  • Failure to provide access to records (Minor Violation).
  • Failure to include reserve schedule in the proposed budget (Major Category #1).
  • Failure to provide year-end financial statements in a timely manner (Major Category #1).
  • Failure to calculate reserve funds properly (Major Category #1).

This underscores the importance of Board members spending the necessary time to study and understand all of the various documents, statutes and administrative codes dealing with Florida condominiums.  Links to many of these documents are available via this website.  In particular, you may wish to reference the Links page.