By Beth Mulcahy, Esq.
As you may know, in 2013, the State of Florida adopted a new law that requires board members to follow certain “certification procedures”.
Under Florida’s law, within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and 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.
Further, within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment.
I am interested in what Arizona associations think about mandatory board member education… I think there are pros and cons on both side of this issue. Please comment on this important issue so we can start the dialogue!
NO~~Serving as a board member for an HOA is a voluntary decision. It is not difficult to read the CC&R’s, By-Laws and association documents. Volunteering to serve on an HOA board comes with some givens-that a volunteer be current in assessments, has no violations, and will be accountable to the homeowners. Good judgement and decision making skills are what homeowners will look for. Classes and certifications will not teach those skills. So mandatory board member classes, in my opinion, will just drive volunteers away. This is not brain surgery-you can’t school or train or teach someone to have common sense.