FL Board Member Requirement

Started by DanielL2 • 11 replies • 1461 views

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DanielL2 (Florida)
Posts: 6

Posted:

I know that there was a change before last year that required HOA Board members in FL to submit a signed written statement stating that they have read the CC&R's entirely. I've found it in the the past but for some reason I can't seem to find it anymore.
Can someone tell me the location of this requirement in 720 or 617?

EvaM1 (Florida)
Posts: 190

Posted:

Daniel,
I believe this provision applies only to the condominium associations not HOAs. But, I have noticed that the 2008 F.S. Chapter 720 does not include all the laws passed by the legislation in 2008 or 2009.
It makes common sense for any Board member to read the Governing documents. But, since the Board is not required to take a test of any kind what is the purpose of this law anyway?
IMO, if the Board member does not have any business or management experience or, does not understand 'money' the 'reading of covenants' is not going to help much.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Eva,

In AZ, all bills passed by the legislature do not take effect until 90 days after the legislature adjourns. The only exception to this are certain appropriation bills. FL probably has a law addressing this and could be the reason the 2009 bills are not included in Chapter 720 yet. However, it would seem that the 2008 bills should have taken effect by now. Perhaps the bills you are thinking of did NOT pass the legislature.

EvaM1 (Florida)
Posts: 190

Posted:

Mary,
I thought there was one Bill passed in 2008 signed by the Governor but not included in the Statutes. I wrote the Bill # down but for some reason can’t find it. But, again, I may be quite mistaken. Good time to clean up my desk.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Eva,
I think that you are correct on this one. It never got passed into 720 but it was signed to affect 718 (condo) laws. AnnaD might remember this?

AnnaD2 (Florida)
Posts: 960

Posted:

Yes Donna, you are correct. It only passed for condos. It's a lame law, for sure. A board member must submit a form stating: "I________, certify that I have read and understand to the best of my ability, the governing documents of:_____________________ and the provisions of Chapter 718 and any applicable rules."

It doesn't mean they've learned anything, or that they can even comprehend what they've read. Just that they submitted the form.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Anna,

Just another example of what I like to call "feel-good legislation"! It doesn't help anyone but makes the consituent or special interest group who pushed for its passage "feel good".

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By DonnaS on 06/05/2009 7:33 PM

Eva,
I think that you are correct on this one. It never got passed into 720 but it was signed to affect 718 (condo) laws. AnnaD might remember this?

So there had to have been an amendmnet on the bill striking it from the 720 statute(s). This is why it's always a good idea to read the "engrossed" version of the bill once it's cleared either the House or Senate.

DanielL2 (Florida)
Posts: 6

Posted:

Thanks everyone. I guess that explains why I could not find it in 720.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Mary,

It never got past the Senate so would there have been an amendment striking it? Me don't thinks so but I am not Senate savy.

MaryA1 (Arizona)
Posts: 7,043

Posted:

If it didn't get past the senate it could mean several things:

1) The bill was pulled by the sponsor
2) It was voted down in committee
3) The Sen Pres. didn't put it on the agenda for COW (committee of the whole) which precedes it being voted on by the full senate
4) It failed in a vote of the full senate

At least those are the things that can go wrong in the AZ leg; I really don't know about CA.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Sorry, meant to say FL!!

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