Florida Community Association Board Basics: A Practical Guide for New Directors, Part III

Welcome to Part III of a continuing series of articles to assist new directors for managed communities in understanding some of the basics that the job entails. Part I provides a basic description of a managed community’s board of directors and each director’s basic duties. Part II introduced the “governing documents” of an association, and described the purpose, priority, and other details for each. Here, in Part III, we will examine a director’s educational requirements as recently established by Florida law.

What are the education requirements for a new director?

Due to recent changes in Florida law, new directors must satisfy certain education requirements designed to teach the basics of board management. These requirements vary between condominium associations and HOAs, so directors should first confirm what type of community they serve and should verify the current statutory requirements or consult qualified counsel. That said, condominium directors must:

1. Complete a four-hour certification course within 90 days of election or appointment, or within one year before being elected or appointed. 
2. The class must cover milestone inspections, structural integrity reserve studies, elections, recordkeeping, financial literacy and transparency, levying of fines, and notice and meeting requirements.
3. The certification, once obtained, is valid for seven years and does not have to be retaken during that period so long as the director serves as a director continuously for that entire time. After the seventh year, the director must take another approved course.
4. In addition to the certification, and within one year thereafter and once a year after that, directors must take a one-hour continuing education course.

The requirements for new HOA directors, though similar, differ in some ways. New HOA directors must:

1. Complete a state-approved new director education course within 90 days of being elected or appointed. (Note: Chapter 720 does not include language regarding certification being obtained in advance of election or appointment).
2. The certification is valid for four years and does not have to be retaken if the director serves without interruption. At the end of the fourth year, the director must take another qualifying course.
3. In addition to the new board member education, a director of an HOA with fewer than 2,500 parcels must complete at least four hours of continuing education annually. A director of an HOA with 2,500 or more parcels must complete at least eight hours of continuing education annually.

A director who fails to timely complete the required course and obtain the required certification may be suspended from board service until the requirement is satisfied. For that reason, new directors should identify an approved course early and complete it within 90 days of election or appointment (except for condominium directors who already obtained their certification within a year before election or appointment). Directors should also calendar any required annual continuing education so compliance does not become an afterthought, again, noting the differences between condominiums and HOAs in the type of education and number of hours required for each. For each class, the director is responsible for providing their certificate of completion to the association’s secretary, as failure to be current on the educational requirement results in the immediate and automatic suspension of the director until they can prove they are back in compliance. These certificates are official records of the association and must be made available for copying and inspection by members upon request. 

The education requirements for new directors are relatively new and still undergoing some changes. Part of a director’s duties will be to stay informed about changes to the educational requirements as they occur, or risk being suspended from the board. This concludes Part III of this ongoing series. Part IV, coming soon, will provide a brief description of the key role a licensed community association manager can play in a managed community and offer additional new director tips and tricks to help you get started.