As the director of a board of directors, you have a responsibility to enforce government documents in accordance with Florida laws, adopt budgets, maintain areas, and oversee all aspects of your community. This could be a condominium or homeowners association. To comply with Florida law, all new directors must submit a certificate within 90 days of being elected, stating that they have read the association's governing documents or that they have completed an approved educational course. It is recommended to attend a certification course to gain a better understanding of the documents.
Attending an approved training course allows you to learn from a qualified lawyer who can answer questions and help you through the process. If you do not do so within the first 90 days of your election to the board, Florida law requires that you be suspended from the board until you meet the requirement. Additionally, Florida's association laws are complex and constantly changing. It is essential for new directors to understand their fiduciary duties and the requirements of board members for condominium and homeowner association boards.
There are law firms and property management firms that offer certification courses for board members, some of them free of charge. Unfortunately, it is common for board members to appear in lawsuits as defendants, even if it is done solely for tactical reasons. As a member of the board, your association must have insurance that covers such claims and the insurance company must provide you with an attorney to represent you in the lawsuit.You have good protection as a board member under most circumstances. The members of the board of directors owe the association a fiduciary duty, just as if they were part of the board of directors of a corporation.
Under Florida law, a breach of fiduciary duty requires the existence of a fiduciary duty and a breach of that duty in a way that is the immediate cause of the plaintiff's damages.To be subject to liability, a board member must not only have breached their duties as director but their non-compliance must rise to the level of criminal activity, fraud, self-management, unjust enrichment, or some other undue personal benefit. It is also well established that directors are not personally responsible for decisions made in their capacity as directors unless there is proof of previous behavior. Directors must perform their functions in good faith with care and in what they reasonably believe is in the best interest of the corporation.Operating a homeowners' association comes with many duties and responsibilities similar to overseeing any other business. The secretary is responsible for keeping and maintaining records of all board and member meetings and is custodian of most official records.
The treasurer does not have to perform day-to-day functions when this responsibility is transferred to a management company but will ultimately be responsible for ensuring financial records are properly maintained according to sound accounting practices. Each homeowners' association must be responsible for its assets and for their operation in accordance with state and federal laws, local ordinances, and documents governing its creation.To be effective, a homeowners association needs a strong board of directors that understands its role and performs it with passion and a concise mission in mind. The members of the board have a fiduciary relationship with members of the association and must act in good faith with care and in what they reasonably believe is in the best interest of the corporation.
