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The State of Florida Approves The Human Equation’s Condominium Management Suite

by The Human Equation, Inc. on 10/18/2010
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Those choosing to serve on their condominium board undertake a significant responsibility. Their decision puts them in charge of steering the course of not only their homes, but those of their neighbors. Since a person’s home is usually their most expensive, and most important, asset, this responsibility cannot be taken lightly.

Those who serve on the board of their condominium association have a fiduciary obligation to the association and each of its members. This obligation is one of the most demanding under the law, and the consequences of a breach may be significant. Consequently, board members must abide by all of the laws and regulations governing the operation of a condominium association, as well as the condominium’s own documents, such as its declaration and bylaws. Ensuring compliance in this regard is not an easy task, and Florida’s Condominium Act echoes the magnitude of this undertaking.

Pursuant to section 718.112(3) of the Florida Statutes, board members were required by law to certify that “he or she has read and understands, to the best of his or her ability, the governing documents of the association and the provisions of [Florida’s Condominium Act] and any applicable rules.” This statutory requirement essentially required board members to certify that they were experts in all things specifically pertaining to their condominium association, and in every aspect of condominium law in general.

Even though most experts in condominium law would likely hesitate before making such a certification, given the breadth of the information, every person running for the board of their condominium association was required to do so. It would be fair to assume that in the vast majority of instances, such a certification was made despite the likelihood that it was untrue. Needless to say, the consequences of making a false certification can be severe.

Understanding that this statutory provision virtually guaranteed false certifications on the part of those serving on their condominium boards, the Florida legislature amended the law in 2010 to provide board members with an alternative to making fraudulent certifications.

The new law, which became effective July 1, 2010, provides that “each newly elected or appointed director shall certify in writing…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.” However, unlike the prior law, board members are given an alternative to making such a certification.

Specifically, the new law provides that, “in lieu of this written certification, the newly elected or appointed director may submit a certificate of satisfactory completion of the education curriculum administered by a division-approved condominium education provider.” Thus, those wishing to avoid making fraudulent certifications and those wishing to understand the legal obligations flowing from their position as board member, may now take educational materials approved by Florida’s Division of Florida Condominiums, Timeshares, and Mobile Homes.

The Human Equation’s Condominium Directors and Officers Management Suite for Florida Residents has been recognized by the Division as an approved curriculum. As such, condominium association board members may satisfy their statutory duty by taking this suite of online courses.The Condominium Suite, which is made up of 8 separate courses, provides the most comprehensive explanation of a board member’s legal requirements and obligations. Each course, which operates through The Human Equation’s proprietary Insight Learning Management System, can be completed at the learner’s leisure, from any computer, at any time. Learners may pause and resume the course at the precise page they stopped. Certificates are awarded for each course completed.

Upon completing the suite of courses, board members will be relieved of any statutory obligation to provide a certification that they may otherwise feel uncomfortable making. In addition to negating the need to make such a certification, those who take the suite of courses will obtain information that will assist them in their new role as board member.

If you would like more information about The Human Equation’s Condominium Directors and Officers Management Suite for Florida Residents, click here.

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Categories: 2010, Florida Condominium Management

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