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Six Requirements You Need to Get Your Property Management License in Florida

Six Requirements You Need to Get Your Property Management License in Florida

  • Posted: May 02, 2022
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Six Requirements You Need to Get Your Property Management License in Florida

To launch a career as a property manager in Florida, you must first obtain an appropriate license, but Florida does not offer a property management license. Rather than a property management license Florida requires you to obtain a real estate sales associate license to meet the Florida Real Estate Commission (FREC) requirements.

 

To become licensed in Florida, you need to first meet the requirements to enter an approved educational program. Once you’ve completed the program successfully, you apply for a license. After being electronically fingerprinted, you’ll need to take and pass the licensing exam. You do not need a license if you are only managing personally owned properties. Some rental properties, however, need a licensing by the Division of Hotels and Restaurants. If a property owner hires a salaried employee to manage the property no broker’s license is required, but if they are paid by commission or transactional basis they must have a license.

Community Association Managers (CAMs) differ from property managers. CAMs must hold a valid Community Association Manager license. Obtaining this FREC license follows a similar process, but requires a different educational program. A CAM manages:

  • a ten or more unit association,

  • an association with greater than a $99,999 budget.

Check each applicant’s license status before hiring any person. Use the Florida Department of Business and Professional Regulation’s Licensee Search webpage to determine their licensing.

Property Management License in Florida

The first step in how to obtain a property management license in Florida is meeting the requirements to enter the higher education program. You need to already have graduated from high school or earned your general education diploma (GED). Also, you must be at least 18 years old. These minimums allow you to apply for entry to an approved real estate sales associate pre-licensing course.

Property Management License Florida Course

You will need to successfully complete the real estate sales associate pre-licensing course approved by the Florida Real Estate Commission. More than one possible course exists and the one you complete must contain a minimum of 63 hours of coursework. This is the introductory coursework to the larger licensing educational structure. It provides the foundation for other courses. You may complete the courses via correspondence, online or in person, depending on the options the school you choose offers.

Complete Your Application.

Complete and submit form DBPRRE1 which is the Florida application for a real estate sales associate license. You can fill it out online by visiting the Florida Department of Business & Professional Regulation website. Click the link for “Apply for a License.” You can complete it online or print it and submit it by fax or mail. The appropriate application fee must accompany it.

Submit Your Electronic Fingerprints

You must submit your electronic fingerprints via a FREC approved electronic fingerprinting site. You can obtain the sites closest to you by phoning 877-238-8232. You then visit them to submit your prints and pay the fingerprinting fee.

Ace Your Real Estate Sales Associates Exam

Sit for your Florida real estate sales associates exam. To qualify for a license, you must score at least a 75 percent on the test.

Receive Your License

Once you have passed the exam, you will receive your real estate license via postal mail. It typically takes seven to 10 business days to receive this in the mail.

Further Licensing Options

Beyond obtaining the sales associate license that functions effectively as a Florida property management license, you can also obtain higher licenses. You can obtain a broker’s license after 24 months as a real estate sales associate after completing a 72 classroom hours brokers course and a 60 hour post-licensing course which both must be FREC approved. For a license as a CAM, successfully complete a course of 18 hours education.

If you searched for how to get a property management license in Florida, you now know why you could not find it online. For property management, you need a sales associate license. To manage a community, you’ll need a CAM, also known as, a property association management license Florida requires. Florida property management license requirements differ depending on the size and/or budget of the community association.

While it is not a quick process, you can obtain your real estate license in about two years. That is the time it takes to complete about 60 hours of college coursework, assuming you complete 12 hour semesters. Some schools structure the courses in such a way that you must complete the classes in a specific order and cannot register for more than 12 hours per semester. After completion of the school program, passing your license exam is the only hurdle. You can enter a career in property management in Florida within two years.


      Become a CAM!

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CAM Licensing: Start your new Career

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COMMITTEES: THE GOOD, THE BAD AND THE UGLY

COMMITTEES: THE GOOD, THE BAD AND THE UGLY

  • Posted: Apr 13, 2022
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COMMITTEES:  THE GOOD, THE BAD AND THE UGLY

by  Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.

Association committees can truly save the day, or they can become a nightmare.  A lot depends on whether or not clear guidelines are set from the start.  Too often things can get out of hand to the point where the tail begins to wag the dog.  In most cases, the role of the committee is to make recommendations to the Board, giving the Board the power to accept or reject those recommendations.  Only statutory, or empowered, committees (as defined either by Statute or by the Board) may take independent action.

What Is The Value Of A Committee?  Committees are an obvious extension of manpower and a potential breeding/training ground from which to fill board vacancies.  Their work can supplement that of the Board and management and help to keep costs down.

What Makes An Effective Committee?

  • Clear Purpose.    Take time to define the mission.
  • Right People.    Choose people who are qualified and assign a Board Liaison.
  • Regular Schedule. Chair should set regular noticed meetings so owners may attend.
  • Planning and Preparation. Treat committee meetings the same as board meetings.
  • Recognition.    Publicly acknowledge committees and members for a job well done.

 

What are some important points to remember about committees? 

  • Committees should be created by resolution, naming a chair or co-chairs, briefly outlining the type of committee being formed and offering a clear mission to be followed. Without guidelines, committee members may not understand the scope of their work and that theirs is an exploratory and advisory role.  Misunderstandings can then create conflict especially when it comes to issues such as committee expenses.  Funding for the committee should be addressed at the outset so that it does not become troublesome over tim
  • Committees differ depending on their type, e.g.:
    • Statutory – A fining committee is defined as statutory because it has been specifically empowered by the Statutes to take final action on behalf of the Board. The Board may also create a statutory committee, such as a budget committee, by empowering it to act independently.
    • Advisory committees may be either standing (remaining in force year after year, e.g. landscaping and social) or ad hoc (Latin for “for this,” meaning they are task-oriented and cease to exist when the project ends, e.g. a pool upgrade or paint committee). Advisory committees may not take final action independently. They may only make recommendations to the Board.
    • Mandatory committees are those specifically named in the association’s governing documents.
  • Ironically, the nominating committee (a misnomer) may not nominate anyone for election to the Board. The Florida Administrative Code (FAC) prohibits this. However, a search committee may be formed and made responsible for proposing qualified nominees.

 

 What do the Statutes Say About Committees?

The Florida Condominium Act (FCA), Section 718 of the  Statutes, defines the role of committees for condo associations.  The Statute refers to committees as a “group” of board members, unit owners, or board members and unit owners appointed by the board or a member of the board.  Statutory committees may contain both (or either) board members and non-board members.

The composition of non-statutory committees is not addressed in the condominium statute.

There are very specific rules about the establishment and composition of a “Fining Committee,” which is defined as a statutory committee because it has been specifically empowered by the Statutes to take final action on behalf of the Board.

The Florida Homeowners’ Association Act, Chapter 720 of the Florida Statutes, does not define what a committee is or its permissible composition.  However, it contains a similarly specific rule for a hearing before a committee (and who may serve on that committee) before a fine or suspension may be imposed on an accused violator.

What Is A Committee Meeting?

A “committee meeting” is a group gathered to discuss business as set forth in the Board resolution creating the Committee.  Outside experts may be included.

 

Does A Committee Meeting Have To Be Noticed?

The Sunshine laws apply to all statutory committees that are empowered to take action on behalf of the board. They require open meetings noticed 48 hours in advance.  If a committee is not empowered (i.e., advisory), and if the Association’s Bylaws specifically provide for an exception, then they do not have to have open meetings.  Thus, generally speaking, committee meetings should be noticed.  The only exceptions are for emergencies or for meetings with the association’s attorney regarding litigation or personnel matters (i.e., discussion of specific issues pertaining to employees of the association).

 

Are Minutes Of Committee Meetings Required?

Again, the Sunshine Laws only require that Minutes be taken by statutory committees.  However, it’s a good idea to keep a record of all committee meetings to identify who attended and what actions were taken by the group.  Minutes need not cover what was said, only what decisions were made. The minutes should never reflect attorney-client privileged information, but only who attended the meeting and proper documentation of any vote that was taken. New legislation requires that Minutes be kept permanently. They also must be made available to owners on request.

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GET BOARD CERTIFIED AND FULFILL YOUR 2021 LEGAL UPDATE CREDITS FROM YOUR HOME!  December 16th – 6:00 p.m.

GET BOARD CERTIFIED AND FULFILL YOUR 2021 LEGAL UPDATE CREDITS FROM YOUR HOME! December 16th – 6:00 p.m.

  • Posted: Dec 13, 2021
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GET BOARD CERTIFIED AND FULFILL YOUR 2021 LEGAL UPDATE CREDITS FROM YOUR HOME!

December 16th – 6:00 p.m.

GUEST SPEAKERS:
C.P.A. MARC GERSTLE
INSURANCE EXPERT: GREG WALTZ
L.C.A.M.: RAFAEL AQUINO

Managers: Our Course is now approved for Three 2021 Legal Update Credits.

Course Number: 9630640

CONDO AND HOA EDUCATION IS ON-LINE! GET BOARD CERTIFIED FROM THE COMFORT OF YOUR OWN HOME.
REMEMBER, IF YOU DON’T GET CERTIFIED WITHIN 90 DAYS OF GETTING ON THE BOARD – YOU ARE OFF THE BOARD.
GET CERTIFIED BY TAKING OUR ON-LINE CLASS. WE HAVE CERTIFIED OVER 20,000 FLORIDIANS ALL ACROSS THE STATE. LEARN ALL ABOUT CERTIFICATION, THE AS AMENDED FROM TIME TO TIME LANGUAGE, BUDGETS, RESERVES, FLORIDA’S NEW EMOTIONAL SUPPORT ANIMAL LAWS, MANAGER DO’S AND DON’TS, SCREENING AND APPROVING, ACCESS TO RECORDS AND MUCH MUCH MORE.

NEXT CLASS:

THURSDAY, DECEMBER 16th, 6:00 P.M.

TO REGISTER: CLICK HERE:

OR CALL OUR OFFICE AT: 954-983-1112

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Six Requirements You Need to Get Your Property Management License in Florida

Six Requirements You Need to Get Your Property Management License in Florida

  • Posted: Dec 10, 2021
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Six Requirements You Need to Get Your Property Management License in Florida

To launch a career as a property manager in Florida, you must first obtain an appropriate license, but Florida does not offer a property management license. Rather than a property management license Florida requires you to obtain a real estate sales associate license to meet the Florida Real Estate Commission (FREC) requirements.

To become licensed in Florida, you need to first meet the requirements to enter an approved educational program. Once you’ve completed the program successfully, you apply for a license. After being electronically fingerprinted, you’ll need to take and pass the licensing exam. You do not need a license if you are only managing personally owned properties. Some rental properties, however, need a licensing by the Division of Hotels and Restaurants. If a property owner hires a salaried employee to manage the property no broker’s license is required, but if they are paid by commission or transactional basis they must have a license.

 


This course satisfies the 16-hour CAM pre-licensing requirements to become a community association manager in Florida.


Community Association Managers (CAMs) differ from property managers. CAMs must hold a valid Community Association Manager license. Obtaining this FREC license follows a similar process, but requires a different educational program. A CAM manages:

  • a ten or more unit association,

  • an association with greater than a $99,999 budget.

Check each applicant’s license status before hiring any person. Use the Florida Department of Business and Professional Regulation’s Licensee Search webpage to determine their licensing.

Property Management License in Florida

The first step in how to obtain a property management license in Florida is meeting the requirements to enter the higher education program. You need to already have graduated from high school or earned your general education diploma (GED). Also, you must be at least 18 years old. These minimums allow you to apply for entry to an approved real estate sales associate pre-licensing course.

Property Management License Florida Course

You will need to successfully complete the real estate sales associate pre-licensing course approved by the Florida Real Estate Commission. More than one possible course exists and the one you complete must contain a minimum of 63 hours of coursework. This is the introductory coursework to the larger licensing educational structure. It provides the foundation for other courses. You may complete the courses via correspondence, online or in person, depending on the options the school you choose offers.

Complete Your Application.

Complete and submit form DBPRRE1 which is the Florida application for a real estate sales associate license. You can fill it out online by visiting the Florida Department of Business & Professional Regulation website. Click the link for “Apply for a License.” You can complete it online or print it and submit it by fax or mail. The appropriate application fee must accompany it.

Submit Your Electronic Fingerprints

You must submit your electronic fingerprints via a FREC approved electronic fingerprinting site. You can obtain the sites closest to you by phoning 877-238-8232. You then visit them to submit your prints and pay the fingerprinting fee.

Ace Your Real Estate Sales Associates Exam

Sit for your Florida real estate sales associates exam. To qualify for a license, you must score at least a 75 percent on the test.

Receive Your License

Once you have passed the exam, you will receive your real estate license via postal mail. It typically takes seven to 10 business days to receive this in the mail.

Further Licensing Options

Beyond obtaining the sales associate license that functions effectively as a Florida property management license, you can also obtain higher licenses. You can obtain a broker’s license after 24 months as a real estate sales associate after completing a 72 classroom hours brokers course and a 60 hour post-licensing course which both must be FREC approved. For a license as a CAM, successfully complete a course of 18 hours education.

If you searched for how to get a property management license in Florida, you now know why you could not find it online. For property management, you need a sales associate license. To manage a community, you’ll need a CAM, also known as, a property association management license Florida requires. Florida property management license requirements differ depending on the size and/or budget of the community association.

While it is not a quick process, you can obtain your real estate license in about two years. That is the time it takes to complete about 60 hours of college coursework, assuming you complete 12 hour semesters. Some schools structure the courses in such a way that you must complete the classes in a specific order and cannot register for more than 12 hours per semester. After completion of the school program, passing your license exam is the only hurdle. You can enter a career in property management in Florida within two years.


Prolicense Florida is the leading online school for Licensed Community Association Managers (LCAM). We teach through interaction, which is proven to be a far more effective method of learning than attending classes or reading a boring book. Our content delivery platform, makes it easy for you to engage with the content providing a highest success rate at the State exam.

Licensing Partner for CAM Education: for SFPMA.COM and Clients all over the State of Florida. Learn more…..

 


 

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“The Great Resignation: A New Idea for Keeping Employees On the Job,” Human Resources Executive by Becker

“The Great Resignation: A New Idea for Keeping Employees On the Job,” Human Resources Executive by Becker

  • Posted: Oct 16, 2021
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“The Great Resignation: A New Idea for Keeping Employees On the Job,” Human Resources Executive

Ned Bassen / Becker 

By now, it appears well-established that employers generally may require COVID-19 vaccines for employees returning to work and may ask employees physically entering the workplace if they have been diagnosed with or tested for COVID-19. Employers also may require employees to come to work post-pandemic for legitimate nondiscriminatory reasons.

With the return to work looming, while many employers are discussing a “hybrid” remote/in-office work combination future, some employers either want employees back to the office full-time or for larger periods of time than employees would like.

But, what are employers’ rights when employees, especially millennials, don’t want to come back to the office and want to instead continue working remotely for their organization?

Not everyone wants to return to the pre-pandemic, 9-5 office lifestyle.

How (and sometimes when) to bring employees back into the office is a vexing decision that employers are currently or soon to be facing, along with how to give employees flexibility.

One recent study found that a “whopping 58% of workers say they would “absolutely” look for a new job if they weren’t allowed to continue working remotely in their current position.

The U.S. Department of Labor has reported that workplace resignations set a 20-year record in April 2021, with 4 million employees quitting their jobs. The global employment website Monster has said that 95% of employees are considering changing their jobs. (Read more on that here.)

Resigning employment has now reached such a new high level that quitting work post-pandemic has been labeled “The Great Resignation of 2021.”

What should employers do to ease the burden from employee departures when there will be difficulty finding qualified replacements?

To view the complete article, please click here.


 

For over 45 years, Ned Bassen has honed his expertise in labor and employment law. He is well-versed in litigating on behalf of and counseling defense contractors, financial institutions, universities and other nonprofit institutions and representing individuals accused of wrongdoing in connection with employment. His defense in such matters has included bankruptcy, employment discrimination, unlawful competition, poaching, corporate raiding, misappropriation of trade secrets, non-competes and other restrictive covenants, false claims, employment defamation and arbitration in the U.S. and internationally.

To learn more about Ned, please click here.

 

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October 7 & 8th @ 1:00 pm AMENDING YOUR GOVERNING DOCUMENTS by Katzman Chandler

October 7 & 8th @ 1:00 pm AMENDING YOUR GOVERNING DOCUMENTS by Katzman Chandler

  • Posted: Oct 06, 2020
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AMENDING YOUR GOVERNING DOCUMENTS by Katzman Chandler

WEBINAR Florida

AMENDING YOUR GOVERNING DOCUMENTS by Katzman Chandler

Provider 0007237 • Course 9628489 • Credits 2 Hours

Manager Continuing Education Human Resource Credits

Date/Time Wednesday, October 7, 2020 1:00 pm

Are your Governing Documents up to date? Find out what needs to be updated or deleted, and how to go about the process of having an amendment written, approved and registered.


Q & A SESSION FOR AMENDING YOUR DOCUMENTS by Katzman Chandler

Q & A SESSION FOR AMENDING YOUR DOCUMENTS by Katzman Chandler

Date: Thursday, October 8, 2020 Time: 1:00 pm – 2:00 pm

Location: Online Event via, Zoom You have questions, we have answers!

Come join our Q & A Session to answer all your questions about Amending your Documents.

 

 

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What are the Property Management requirements in Florida

What are the Property Management requirements in Florida

  • Posted: Feb 13, 2020
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As more investors are heading into becoming owners of rental properties the questions arise about requirements. There are questions that you need to know the answers to and SFPMA has you covered.

 

A small investment Today leads to Big returns later! List your property management company

Must a Florida property management company have a real estate broker’s license?

YES. Key components of property management (renting and leasing) are considered a real estate activity under existing Florida real estate licensing laws. A property manager needs broker license if he or she is paid by commission, and is handling rentals and leases for others. No license is required for managing personally owned properties. There is not a “Property Manager” license or certificate. Also, certain rental properties need a license through the Div. of Hotels and Restaurants.

 

Are there any exceptions to the requirement that a Florida property manager have a broker’s license?

YES. For example, if a property owner employs someone to manage their property, and that employee is paid a salary, as opposed to being paid a commission or on a transactional basis, a broker’s license is not required.

For more information about these and other Florida property management requirements and exceptions, please contact the Florida Real Estate Commission.

Before hiring a property manager to manage your Florida rental property, you should always check that he or she is licensed appropriately. You can check the license status of Florida property managers at the Florida Department of Business and Professional Regulation’s Licensee Search webpage.

 

 

More Property Law: Evictions & Security Deposits

Looking for more property law information? You can find an exhaustive collection of state eviction and security deposit laws on our parent company’s website. Click the below link to be taken to nationalevictions.com find everything you will need for an eviction in your State. Full database, Directories, Find companies, Download Forms both Free and for Sale, and much more…

LEARN ABOUT EVICTION & SECURITY DEPOSIT LAWS >>

 

Must Florida community association managers have a real estate broker’s license?

No. However, a Community Association Manager license is required if someone receives compensation for providing management services for the following types of associations:

  • An association with ten or more units
  • An association with a budget of $100,000 or greater

For more information on the Community Association Manager license, please contact the please contact the Florida Real Estate Commission.

 

*Florida Community Association Manager License Requirements

Florida community association manager licensing requirements include:

  • Age: Must be at least 18 years of age
  • Education: Must complete at least 18 hours of pre-licensure education from an approved provider
  • Trustworthiness: Must be of good moral character; must have a background check and submit fingerprints
  • Exam: Pass the CAM exam.
  • License fee.
  • Application: Complete and submit CAM license application which is available online

CAM Licensing Courses: Start your new Career

For more information about these and other Florida licensing requirements, please contact the Florida Real Estate Commission.

IMPORTANT: This information is intended for informational purposes only and under no circumstances should it be considered legal advice or relied upon without first confirming its contents with your state real estate commission. Laws are updated frequently, and this information may not reflect the current law in your state. To confirm the specific requirements for each state, please contact your state real estate commission.

 


Property Management Forms

As you become a CAM Manager and start your business, You will need the Forms to help you, Leases, Letters to Tenants, Legal Documents and much more……..

Just some of the essential forms to assist you in leasing your premises, complying with legal requirements, and keeping relations with your tenants amicable. Forms include the 1. Landlord Tenant Closing Statement to Reconcile Security Deposit, 2. Residential Rental Lease Application, 3. Residential Rental Lease Agreement, 4. Commercial Building or Space Lease, 5. Security Deposit Agreement and other forms.

 

We offer Subscriptions – Where for a small fee you can download and get access to

EVERY FORM YOU WILL NEED FROM THOUSANDS OF FORMS

SUBSCRIBE TODAY TO OUR FORM PACKAGE

.


Once you are a Property Manager you need to have Clients Find YOU!  List your company on our National Directory. Let the industry find and use you!

Let Clients looking for Management Professionals to Manage their Properties find you!

 

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NEW CEU REQUIREMENTS FOR LICENSED COMMUNITY ASSOCIATION MANAGERS

NEW CEU REQUIREMENTS FOR LICENSED COMMUNITY ASSOCIATION MANAGERS

NEW CEU REQUIREMENTS FOR LICENSED COMMUNITY ASSOCIATION MANAGERS

 

Effective August  2019, the Regulatory Council of Community Association Managers changed the requirements for continuing education for license renewal. The number of hours required have been reduced from 20 to 15 hours each license period. The new requirements are:

 

  1. All community association manager licensees must satisfactorily complete a minimum of 15 hours of continuing education per biennial renewal cycle. No license shall be renewed unless the licensee has completed the required continuing education.
  2. Only continuing education courses approved by the Council shall be valid for purposes of licensee renewal.
  3. The required 15 hours of continuing education shall be comprised of courses approved pursuant to Rule 61E14-4.003, F.A.C., in the following areas:

(a) Three-hours of legal update seminars. The legal update seminars shall consist of instruction regarding changes to Chapters 455, 468, Part VIII, 617, 718, 719, 720, and 721, F.S., and other legislation, case law, and regulations impacting community association management. Licensees shall not be awarded continuing education credit for completing the same legal update seminar more than once even if the seminars were taken during different years.

(b) Three-hours of instruction on insurance and financial management topics relating to community association management.

(c) Three-hours of instruction on the operation of the community association’s physical property.

(d) Three-hours of instruction on human resources topics relating to community association management. Human resources topics include, but are not limited to, disaster preparedness, employee relations, and communications skills for effectively dealing with residents and vendors.

Three-hours of additional instruction in any area described in paragraph (3) (b), (c) or (d) of this rule or in  any course or courses directly related to the management or administration of community associations.

 

By KBR Legal  Rembaum Association Roundup

 

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Give yourself a Gift and become a Florida Community Association Manager CAM!

Give yourself a Gift and become a Florida Community Association Manager CAM!

  • Posted: Dec 05, 2019
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Are you looking for a career change? Have you ever thought about becoming a Florida Community Association Manager (CAM)? This license is required to manage a Condominium or HOA in the state of Florida – and there is not exactly a shortage of those. Florida CAM Courses has been offering the required CAM Pre-Licensing Course to students for over ten years, and 88% of our students pass their State Exam and become licensed Florida CAMs. Check out our website here www.floridacamcourses.com

 

Florida CAM Courses is a company based in Vero Beach and serving all of Florida, that provides educational services to those in the community association profession or those that would like to enter our profession. We offer courses in whichever format you like to learn in. Whether you prefer in-person, online self-study or correspondence, you are in great hands with Florida CAM Courses. We provide practice materials at no additional charge and downloadable course materials to help you successfully pass the Florida CAM exam. We also offer a blog for updated news and current events in the CAM world.

How to Get a CAM License

Florida CAM Courses has been helping people in Florida prepare for their state exam and become certified Community Association Managers for over a decade. We know the process that works and can help you in every step of the process. Feel free to reach out to us if you need help.

Coursework

Step 1

Register for a Florida CAM pre-license course, and show up for the class.

Pick One:

Prepare for Exam

Step 2

Get your fingerprints taken and register a time for the State Exam.

Prepare Yourself:

State Exam

Step 3

Schedule a Florida State CAM License Exam and pass it.

Take the State exam:

 

Florida CAM Courses

7150 20th St.
Vero Beach, FL
32966

 

 

 

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COPING WITH FL H.B. 1237 (2017)

COPING WITH FL H.B. 1237 (2017)

COPING WITH FL H.B. 1237 (2017)

by Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.

Whenever the Legislature puts new laws on the books, in order to avoid becoming involved in expensive litigation, managers and board members are obliged to sort out what it all means along with what steps should be taken to address the real meaning, terms and conditions that the courts and judges conclude were the Legislature’s intent.

Florida’s Governor signed Florida House Bill 1237 (2017) into law on June 26, 2017.  The legislation went into effect on July 1, 2017 and added several requirements and prohibitions to the Florida Condominium Act (Chapter 718).

For example, HB 1237, now the law of the land in Florida, states, “Board members may serve 2-year terms if permitted by the bylaws or articles of incorporation. a board member may not serve more than four consecutive 2-year terms, unless approved by an affirmative vote of two-thirds of the total voting interests of the association.” The law also includes an exception if there are not enough eligible candidates to fill all board positions which allows current board members to continue beyond the otherwise prescribed period.

What is yet to be determined is whether this means a board member may serve no more than eight one-year terms, or, if association rules limit terms to one year, the four-term limitation still applies? Other questions still left unanswered include: When do these terms start? Is the law to be enforced retroactively, or are board members prior terms excluded from the new rule?

Another new rule states that a condo board member, despite good intentions, could be subject to penalties for violation of this caveat:  “An association may not employ or contract with any service provider that is owned or operated by a board member or any person who has a financial relationship with a board member.”  Under a strict interpretation of this update to the law, if a board member runs a pool service and is taking care of the association’s pool maintenance for only the cost of chemicals, that board member could end up facing criminal penalties for trying to help out.

Conflicts of interest (such as a board member providing a proposal from a company they are affiliated with) may have long existed, and while board members always should have abstained from any vote where it could be perceived that they had a financial conflict of interest, it could now be a criminal offense.

This is not the only place a condo officer, director or manager could find themselves facing the threat of criminal penalties.  While we all know, or at least should know, kickbacks of any kind are wrong, often accusations made by a unit owner are not grounded in reality and instead are based on little more than spite and mistrust.

However, The updated Florida Statute 718.111 now reads “[A]n officer, director, or manager may not solicit, offer to accept, or accept any thing or service of value or kickback for which consideration has not been provided for his or her own benefit or that of his or her immediate family, from any person providing or proposing to provide goods or services to the association. Any such officer, director, or manager who knowingly so solicits, offers to accept, or accepts any thing or service of value or kickback is subject to a civil penalty pursuant to s. 718.501(1)(d) and, if applicable, a criminal penalty.”

The updated statute goes on to require that an officer or director who is charged with certain crimes (primarily crimes of dishonest character) shall be removed from office and provides requirements for filling the vacancy left by any such removal. The silver lining here is that you have to be charged with a crime before you can be removed, a mere accusation is not enough.

Will these and other provisions that have been added to the law make it even more difficult to find volunteers who are willing to serve as board members? No one really knows yet. What we do know is, it will probably take years for the legislature and the courts to sort this new law out.  We also know that those who serve on our boards of directors are most often well-meaning volunteers who want to do the right thing and serve their fellow owners.  All we can do is hope that none of these changes make it harder to get these good people to serve, and the law works as intended keeping those with a self-serving agenda from throwing their hat in the ring.

We are not attorneys, and anything said here should not be construed as legal advice. This article is purely for educational purposes, with the goal of helping associations better understand current updates to the law. Royale Management Services team members are Licensed Community Association Managers (LCAM) who work with associations to manage, to navigate and to comply with the law.  As you can see, these changes raise several questions, and you can be sure that until these issues are addressed by a court, no one will really know the correct answers. Nevertheless, it is always advisable to seek legal counsel if an issue arises.

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FREE Condominium   Board Member Certification Classes

FREE Condominium Board Member Certification Classes

FREE Condominium 

Board Member Certification Classes by our Members> Royale Management Services

Board Certification

This course takes place the 2nd Monday of every month. The course is sponsored and held at the offices of Royale Management Services, Inc. located at 2319 N Andrews Avenue, Fort Lauderdale FL 33311. Refreshments and networking will begin at 5:30 PM and the presentation will begin promptly at 6:00 PM. Reservations are Required!

This is a hands on class that will help you understand: the basics of how to keep yourself and your association out of trouble, what’s legal and what’s not, what it means to be a fiduciary, how boards should function, what records must be kept, what kind of financial information you should get, how to use that information and much more.  We take a managers approach to getting things done, avoiding problems and protecting both the integrity of the association and that of the board. Best of all we will provide plenty of time for questions and examples.

For Reservations call 954-563-1269 between 9AM and 5PM Monday through Friday.  Seating is limited so make your reservations early.

This class meets the Florida state requirements for board certification and has been approved by The Division of Florida Condominiums, Timeshares, and Mobile Homes. It meets the requirements Florida 718.112 for Condominium Association Board Members.

 

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