DIRECTOR AND OFFICER CERTIFICATON REQUIREMENT FOR COMMUNITY ASSOCIATIONS
Within 90 days after being elected or appointed to the Board of Directors of a residential condominium association, homeowners’ association or cooperative association, each newly elected or appointed director must sign a certification to the association’s Secretary. The certification must provide that the director:
- Has read the association’s governing documents;
- Will work to uphold the governing documents to the best of his or her ability; and
- Will faithfully discharge his or her fiduciary responsibility to the association’s members.
In lieu of the written certification, within 90 days after being elected or appointed to the Board of Directors, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a Division of Florida Condominiums, Timeshares and Mobile Homes approved 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 of Directors without interruption. A director of an association who fails to timely file the written certification or educational certificate is suspended from service on the Board of Directors until he or she complies with the certification or education requirement. The Board of Directors may temporarily fill the vacancy during the period of suspension. The Secretary must cause the association to retain a director’s written certification or educational certificate for inspection by the members for 5 years after a director’s election or the duration of the director’s uninterrupted tenure, whichever is longer.
Failure to have such written certification or educational certificate on file does not affect the validity of any action taken by the Board of Directors.
The education curriculum administered by the Division of Florida Condominiums, Timeshares and Mobile Homes also applies to homeowners’ and cooperative associations.