“Educational Requirements For Boards” – News-Press
Q: I was recently elected to the Board of my condominium association and had questions concerning my responsibilities to become certified as a new board member for properly complying with the statute regarding educational certification. Can you confirm what is required? (R.F., via e-mail)
A: For members of the board of directors for a condominium association, the certification and educational requirements are contained in Section 718.112(2)(d.)5.b., of the Florida Condominium Act. The statute was amended in 2024 to expand a board member’s requirements for certification and education.
Now, a new board member must certify in writing to the secretary of the association that they have read the association’s declaration of condominium, articles of incorporation, bylaws and written policies and that they will work to uphold such documents and policies to the best of their ability and that they will faithfully discharge their fiduciary duties to the association’s members. Additionally, board members must complete a four (4) hour new board member education program that has been approved by the Division of Condominium, Timeshares and Mobile Homes, or administered by the division. The curriculum for the new board member education is required to be at least four (4) hours long and must include instruction on milestone inspections, structural integrity reserve studies, elections, record keeping, financial literacy and transparency, levying of fines and notice and meeting requirements.
A new board member must complete the educational requirement and sign the written certification within ninety (90) days of being elected or appointed to the board.
The written certification and educational certificate are valid for seven (7) years from the date of issuance, as long as the board member serves on the board without interruption, otherwise, the board member who returns to the board must be recertified.
In addition to the new board member certification, every year a board member must have at least one (1) hour of continuing education either administered by the division or a division approved provider and this one (1) hour course must relate to any recent changes to the Condominium Act or administrative rules in the past year.
The board member must provide the secretary of the association with the certifications for both new board member and continuing education requirements as provided by the statute and those written documents are records of the association that must be maintained in the official records of the association for at least seven (7) years or the duration of the director’s uninterrupted tenure, whichever is longer. Additionally, pursuant to Section 718.111(12)(g.), of the Florida Condominium Act, the certification documents for all board members must be posted on the association’s website for associations that are required to have websites.
For directors who serve on the homeowner association boards, governed by Chapter 720, Florida Statutes, Section 720.3033 of the Florida Homeowners’ Association Act contains similar certification requirements. Newly elected or appointed directors for homeowners’ associations must complete the educational requirement, similar to the condominium association directors. However, for homeowners’ associations there is no written certification form that must also be signed. In addition to the new board member educational requirements, directors of a homeowners’ association governed by Chapter 720, Florida Statutes, must complete at least four (4) hours of continuing education annually if the association has fewer than 2500 parcels, and if the association has more than 2500 parcels, the director must complete at least eight (8) hours of continuing education annually.
For both condominium and homeowners’ associations, directors who fail to complete the certification requirements are considered suspended from the board until they comply and during the time of that suspension the board may temporarily fill the vacancy.
Any director of a community association that has questions about their educational requirements should consult with the secretary of their association or the legal services provider for the association to confirm that they have complied with their statutorily required certification obligations.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.
