Q: Can you provide an overview of the new law on education requirements for board members of a homeowners’ association? (G.A., via e-mail)
A: Section 720.3033(1), of the Florida Homeowners’ Association Act is very poorly written and is difficult to comprehend. The law requires the Florida Department of Business and Professional Regulation to adopt administrative rules to implement the statute, but it has not been done yet, as far as I am aware. However, the DBPR did post a Power Point on its website:
Should you care to read it, slides 103 and 104 address HOA Board Member education.
The following appears to be the DBPR’s interpretation of the new laws:
4-Hour Board Member “Certification”
- HOA Directors elected or appointed prior to July 1, 2024, must complete a 4-hour Board Member Certification class within four years, if the director serves on the board without interruption during the 4-year period. Directors who have been continuously on the Board since July 1 2024, have until June 30, 2028 to take this 4-hour Board Member Certification class.
- HOA Directors appointed or elected on or after July 1, 2024, must complete a 4-hour Board Member Certification class within 90 days after being elected or appointed. So, if someone is newly elected or appointed after July 1, 2024, they will have to take the 4-hour Board Member Certification class within 90 days of being elected or appointed.
- The Certificate of Completion is valid for up to 4 years before the certification course must be retaken.
Board Member “Continuing Education”
- In addition to “certification,” an HOA Director must complete at least 4 hours of “continuing education” annually. This does not have to be a 4-hour class but can be broken into a series of classes. For HOA’s operating more than 2500 parcels, 8 hours of continuing education is required.
- HOA Directors who were elected or appointed prior to July 1, 2024, have until June 30, 2025, to take 4 hours of continuing education, 8 hours for directors of communities with more than 2500 parcels.
One question that has been asked is whether the 4-hour “certification” class can satisfy the 4 hours of “continuing education” for the year in which the Board certification class was taken. The DBPR has not provided guidance or interpretation on this issue, perhaps the administrative rules will, when or if they are adopted.
Q: The board of my condominium association has refused my written request to include an agenda item for me to present my due diligence on issues in our community. They also limit me to 5 minutes talk time. Can another owner transfer their 5 minutes to speak to me so I can talk for 10 minutes? (K.F., via e-mail)
A: The board sets its meeting agendas. If 20 percent of the total voting interests petition the board to address an item of business, within 60 days after receipt of the petition must place the petitioned item on a board meeting agenda. There is no legal right for an individual owner to mandate this.
Unit owners have the right to attend board meetings and the right to speak with reference to all designated agenda items. The board can adopt reasonable rules regarding owner statements at board meetings, including time limits. Most such rules do not allow an owner to “yield” their “floor time” to another owner.
The law was amended in 2024 to grant owners the right to ask questions at board meetings related to reports on the status of construction and repair projects, the status of revenues and expenditures during the current fiscal year, and other issues affecting the condominium. The same law also requires that at least four times each year, the agenda must include an opportunity for members to ask questions of the board.
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.