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See below for important 2024 Statutory Changes
Community associations are multi-faceted corporations responsible for critical community functions such as budgeting and finances, covenant enforcement, and insurance and maintenance of common property and improvements.
A community association is obligated to perform its duties in the interest of its membership in accordance with the governing documents of the community association as well as applicable statutory and administrative law. To this end, it is critical that a community association be proactive rather than reactive in identifying issues of importance to the community and its members.
Emmanuel Sheppard & Condon’s attorneys can assist in identifying critical issues which may affect the community association, and work to develop a comprehensive solution to those issues. If your community association is in need of legal representation, please contact us to request an information package about the services we offer.
Emmanuel Sheppard & Condon’s attorneys routinely provide advice and services to our community associations such as:
EDUCATION CLASSES
Board member education is now mandatory for residential condominium association board members and homeowners’ association (HOA) board members in Florida.
The Florida Department of Business and Professional Regulation (DBPR) has announced their new board members class offerings. Here is the link. https://condos.myfloridalicense.com/education/
Residential Condominium Associations [See Florida Statute 718.112(2)(d)4.b. effective July 1 for full details, a copy of which is posted on this page as House Bill 1021]:
-Submit written certification to the association secretary that he or she has read the association’s declaration of condominium, articles of incorporation, bylaws, and current written policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members
-Submit to the secretary of the association the class certificate (curriculum must be 4 hours long and include instruction on milestone inspections, structural integrity reserve studies, elections, recordkeeping, financial literacy and transparency, levying of fines, and notice and meeting requirements)
-Submit annual 1 hour continuing education certificate thereafter for a class covering recent changes to Chapter 718 and administrative rules
Condominium Directors appointed or elected prior to July 1, 2024, have until June 30, 2025, to meet the new educational curriculum requirement.
Condominium Directors appointed or elected on or after July 1, 2024, must complete an educational curriculum that is at least 4 hours long within 90 days after being elected or appointed.
Check the Event Calendar at this link for virtual condominium classes offered by the Division of Florida Condominiums, Timeshares and Mobile Homes (Division): https://www2.myfloridalicense.com/condominiums-and cooperatives/education/#1596546209499-45457338-a1a9 or call the Division at 850-488-1122.
Homeowners Associations (HOA) [See Florida Statute 720.3033(1) effective July 1 for full details, a copy of which is posted on this page as House Bill 1203]:
-Submit class certificate to the association for newly elected or appointed directors (curriculum must be 4 hours long and include instruction on financial literacy and transparency, recordkeeping, levying of fines, and notice and meeting requirements)
-Certificate is valid for up to 4 years
-In addition, directors must complete annual continuing education of at least 4 hours (if HOA has fewer than 2,500 parcels), and 8 hours (if HOA has 2,500 parcels or more)
HOA Directors elected or appointed prior to July 1, 2024, must complete an educational curriculum within four years, as long as the director serves on the board without interruption during the 4-year period.
HOA Directors appointed or elected on or after July 1, 2024, must complete an educational curriculum within 90 days after being elected or appointed.
Join us for a Q&A session on the new legislative changes affecting Community Associations on Thursday, July 25 from 10a-Noon. Registration is required. Click on the link here to register.
Structural Integrity Reserve Study & Mandatory Milestone Inspections: What’s Next?
Legislation changes in response to the Surfside tragedy can be downloaded here!
Does your association maintain adequate reserves?
Effective July 1, 2023
Access your Coastal Connect profile.
Department of Business & Professional Regulation: Hurricane Guide