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A: Yes, Florida Statutes provides that newly elected directors in condominium (condo), homeowners associations (HOAs), and cooperative (coop) associations must complete a certification class or certify in writing that he or she has read the governing documents, that he or she will advocate the rules and policies, and ...
Duty of loyalty requires HOA board members to act in good faith to promote the best interests of the entire association. HOA board fiduciary responsibility prevents board members from making decisions to further their personal interests. Board members must also avoid an HOA board of directors conflict of interest.
Basically, you have to own a home or condo in the association to then serve on the board. There are limits on which members can serve, but they are broad. For example, anyone delinquent in payment of a fee or fine to the association cannot join the board. Another wrinkle is people who jointly own property.
The board's responsibilities are to: establish a governance framework, including a compliance framework to ensure the organisation meets its obligations. set the strategic direction to help the organisation achieve its purpose. oversee financial performance of the organisation.
HOAs must be registered with the state as a corporation and must file all governing documents in the official records of the county in which the community is located. While they must file with the county government, homeowners' associations in Florida are not governed by a government agency.
If a board member has committed, for example, embezzlement, an owner or another board member may file suit against them because that action would be a breach of their fiduciary duty ? but what many do not know is that if there is no breach of duty, individual board members cannot be held liable.
New board members have 90 days to complete an education curriculum approved by the State. Otherwise, board members are required by Florida statutes to sign and submit a written certification that meets specific statutory requirements.
The basic board member duties can be simplified into three legal responsibilities. This includes duty of care, loyalty, and obedience. These should be expected by your board to maintain their trustworthiness and effectiveness.
A board of directors has three formal responsibilities. They are to oversee the management of the company, to approve corporate strategy, and to make sure the financial statements are accurate. In order to do these things, they need to be able to understand financial statements and have knowledge of business law.
Board members may serve voluntarily, but some receive compensation for their services. They're expected to bring their expertise and independent judgment to the board; actively participate in meetings, committees, and discussions; and contribute to the collective decision-making process.