LaverneB (Florida)
Posts: 79
Posts: 79
Posted:
Any one know about a ruling on a BOD taking a course for the State rules
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RichardP13 (California)
Posts: 1,767
Posts: 1,767
Posted:
Are you refer to SB1196?
b. Within 90 days after being elected or appointed to the board, each newly elected or appointed director shall certify in writing to the secretary of the association 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. In lieu of this written certification, the newly elected or appointed director may submit a certificate of satisfactory completion of the educational curriculum administered by a division-approved condominium education provider. A director who fails to timely file the written certification or educational certificate is suspended from service on the board until he or she complies with this subsubparagraph. The board may temporarily fill the vacancy during the period of suspension. The secretary shall cause the association to retain a director’s written certification or educational certificate for inspection by the members for 5 years after a director’s election. Failure to have such written certification or educational certificate on file does not affect the validity of any action.
b. Within 90 days after being elected or appointed to the board, each newly elected or appointed director shall certify in writing to the secretary of the association 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. In lieu of this written certification, the newly elected or appointed director may submit a certificate of satisfactory completion of the educational curriculum administered by a division-approved condominium education provider. A director who fails to timely file the written certification or educational certificate is suspended from service on the board until he or she complies with this subsubparagraph. The board may temporarily fill the vacancy during the period of suspension. The secretary shall cause the association to retain a director’s written certification or educational certificate for inspection by the members for 5 years after a director’s election. Failure to have such written certification or educational certificate on file does not affect the validity of any action.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Richard,
This Statute pertains to condo associations only----under State Statute 718.
MaryA1 (Arizona)
Posts: 388
Posts: 388
Posted:
Richard,
Is this a bill that is currently in the legislature, or did it pass into law. As I'm sure you know, it has no bearing if it has not passed the legislature and been signed into law by the Gov.
Is this a bill that is currently in the legislature, or did it pass into law. As I'm sure you know, it has no bearing if it has not passed the legislature and been signed into law by the Gov.
LaverneB (Florida)
Posts: 79
Posts: 79
Posted:
Yes this bill passed and takes effect July 1, 2010. And yes it does include homeowner associations, as well as condos
RichardP13 (California)
Posts: 1,767
Posts: 1,767
Posted:
Section 718.112(2)(d)3
Signed by the governor and went into effect 7/1/2010
Signed by the governor and went into effect 7/1/2010
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Laverne,
Could you please refer me to or post where SB 1196 also icludes 720 requirements for Board education and signing off on documents knowledge. I cannot find it.
What I did find was interesting and fits into a discussion that has been posted numerous times here.
"Rental Amendments – Amends s. 718.110(13), F.S.
The bill clarifies that any amendment prohibiting unit owners from renting their units or altering permitted lease terms or the number of rentals during a specified period applies only to unit owners who consent to amendment and unit owners who acquire title to their units after effective date of amendment.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Another one that has been recently posted here. These bills pass faster than we can change or operating procedures.
-If the unit is occupied by a tenant and the unit owner is delinquent in paying any monetary obligation due to the association, the association may make a written demand that the tenant pay the future monetary obligations related to the condominium unit to the association, and the tenant must make such payment. The demand is continuing in nature and, upon demand, the tenant must pay the monetary obligations to the association until the association releases the tenant or the tenant discontinues tenancy in the unit. The association must mail written notice to the unit owner of the association’s demand that the tenant make payments to the association. The association shall, upon request, provide the tenant with written receipts for payments made. A tenant who acts in good faith in response to a written demand from an association is immune from any claim from the unit owner.
PeterB1 (Florida)
Posts: 257
Posts: 257
Posted:
Has anyone determined if the revised (2010) Florida 720 has a provision that requires the Board members to READ the governing documents?
RichardP13 (California)
Posts: 1,767
Posts: 1,767
Posted:
Quote:
Posted By PeterB1 on 10/29/2010 12:06 PM
Has anyone determined if the revised (2010) Florida 720 has a provision that requires the Board members to READ the governing documents?
Has anyone determined if the revised (2010) Florida 720 has a provision that requires the Board members to READ the governing documents?
That would be a new concept.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
A couple of people have stated that it is in 720 but each time I ask to have it copied and posted, it disappears. I have NOT found it.
KW3 (California)
Posts: 146
Posts: 146
Posted:
Quote:
Posted By RichardP13 on 10/28/2010 3:03 PM
Section 718.112(2)(d)3
Signed by the governor and went into effect 7/1/2010
Section 718.112(2)(d)3
Signed by the governor and went into effect 7/1/2010
Richard, Can you post a link to the source of this law? Is this applied to all condo associations across the country? Thanks
Also, the last sentence of the code: "Failure to have such written certification or educational certificate on file does not affect the validity of any action." Does this mean it has no whatsoever effect on anything?
RichardP13 (California)
Posts: 1,767
Posts: 1,767
Posted:
Quote:
Posted By KW3 on 10/29/2010 5:21 PM
Posted By RichardP13 on 10/28/2010 3:03 PM
Section 718.112(2)(d)3
Signed by the governor and went into effect 7/1/2010
Section 718.112(2)(d)3
Signed by the governor and went into effect 7/1/2010
Richard, Can you post a link to the source of this law? Is this applied to all condo associations across the country? Thanks
Also, the last sentence of the code: "Failure to have such written certification or educational certificate on file does not affect the validity of any action." Does this mean it has no whatsoever effect on anything?
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0718/0718PARTIContentsIndex.html
Not sure what the last sentence mena, nor why this only applies to condos.
MaryA1 (Arizona)
Posts: 388
Posts: 388
Posted:
KW,
That sentence means that even if the board member(s) have not filed the written certification or have even taken the required educational courses, all actions taken by the board are still valid. So even if the board doesn't comply with the educational requirements it does not affect their authority to perform their duties.
That sentence means that even if the board member(s) have not filed the written certification or have even taken the required educational courses, all actions taken by the board are still valid. So even if the board doesn't comply with the educational requirements it does not affect their authority to perform their duties.
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