What Happens if a Director Refuses to Become Certified?

By June 12, 2019 July 2nd, 2019 Condo & HOA Law, Treasure Coast Palm

Q: At a seminar it was explained that state statutes require that new elected Directors certify that they have read all the condo/HOA Documents or attend an approved seminar. My question is: If a newly elected Director does not or will not sign a certificate or attend a seminar, which is in violation of state statutes (I assume), what are the ramifications and what recourses are there?

S.W., Vero Beach

A.  Both Chapters 718 (Condo) and 720 (HOA) of the Florida Statutes provide that if a Director does not take a certified course or sign the affidavit within 90 days of being elected, he or she is automatically suspended from the Board. If that happens the Board is required to appoint a temporary replacement until the person complies with the law.

 


Richard D. DeBoest, II, Esq. is co-founder and shareholder of the Law firm Goede, Adamczyk, DeBoest & Cross, PLLC.  T o ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com.  The information provided herein is for informational purposes only and should not be construed as legal advice.  The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys.  Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein.  The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

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