I recently blogged about the new statute requiring education for HOA Board Members.  This week, let’s talk about mandatory education for condominium Board members.  There is definitely a difference between the two.

So here’s the new law…….

718.112(2)(d)4b – CONDOMINIUM DIRECTOR EDUCATION

A director of a board of an association of a residential condominium, shall:

(I)       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.   AND……..The law always allowed a director to get certified simply by doing this.  But now there’s an additional requirement.  The one I always fought for.

(II)      Submit to the secretary of the association a certificate of having satisfactorily completed the educational curriculum administered by the division or a division-approved condominium education provider.

There you have it.  Education is now required in order to stay on the Board of Directors.

So how much education is required and what do we learn?

The educational curriculum must be at least 4 hours long and include instruction on milestone inspections, structural integrity reserve studies, elections, recordkeeping, financial literacy and transparency, levying of fines, and notice and meeting requirements within 1 year before or 90 days after the date of election or appointment.

What about those people who are already on a board?

For those people who are already on a Board of Directors……….A director of an association of a residential condominium who was elected or appointed before July 1, 2024, must comply with the written certification and educational certificate requirements in this sub-subparagraph by June 30, 2025.

How long is the certification good for?

The written certification and or educational certificate is valid for 7 years after the date of issuance and does not have to be resubmitted as long as the director serves on the board without interruption during the 7-year period.

Is there a requirement for continuing education?

Yes. One year after submission of the most recent written certification and educational certificate, and annually thereafter, a director of an association of a residential condominium must submit to the secretary of the association a certificate of having satisfactorily completed at least 1 hour of continuing education administered by the division, or a division-approved condominium education provider, relating to any recent changes to this chapter and the related administrative rules during the past year.

And Suppose a Director fails to meet these deadlines?

A director of an association of a residential condominium who fails to timely file the written certification and or educational certificate is suspended from service on the board until he or she complies with this sub-subparagraph. The board may temporarily fill the vacancy during the period of suspension.

Is the Certification Document an Official Record of the Association?

Yes. The secretary shall cause the association to retain a director’s written certification and or educational certificate for inspection by the members for 7 years after a director’s election or the duration of the director’s uninterrupted tenure, whichever is longer. Failure to have such written certification and or educational certificate on file does not affect the validity of any board action.

Are the Directors required to tell the DBPR that they are certified?

Yes.  (c) On the certification form provided by the division, the directors of the association shall certify that each director of the association has completed the written certification and educational certificate requirements.

 

Written By Eric Glazer