At each of the Board Certification seminars Becker & Poliakoff has presented, whether at Century Village or the other locations, there was always one recurring question that had no answer: “How long is the certification good for?” The Florida Legislature has finally provided an answer by revising Section 718.112, Florida Statutes. Effective July 1, 2011, the Statute will provide as follows:
“The written certification or educational certificate is valid and does not have to be resubmitted as long as the director serves on the board without interruption.”
That means if you are a current Board member and are re-elected next year, your certification remains valid and you are not required to take another certification class, as your service to the Board is uninterrupted. However, if you sit out next year and rejoin the Board the following year, you will have to be re-certified as your service was interrupted.
In addition, a Board member may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved condominium education provider within 1 year before or 90 days after the date of election or appointment.
Therefore, if anyone attended a Board Certification class this year and received certification in anticipation of joining the Board next year (within 1 year), such certification fulfills the statutory requirement.
Mark D. Friedman is a senior attorney at the law firm of Becker & Poliakoff. You may contact Mr. Friedman at CondoLaw@becker-poliakoff.com.
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I am looking for clarafication as to the new law and this course. Can a board member still sign that he/she has read and understands our documents or must a course be taken in addition to signing the form?
ReplyDeleteThe Board member is required to do one or the either, but not both.
ReplyDeleteAccording to the Statute, the individual must “certify in writing to the secretary of the association that he or she has read the association's declaration of condominium, articles of incorporation, bylaw, 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, within 90 days after being elected or appointed to the Board, the newly elected or appointed directory may submit a certificate of having satisfactorily completed the education curriculum administered by a division-approved condominium education provider within 1 year before or 90 days after the date of the election or appointment.”
Does the person sign the certification before or after the election. Thanks for the clarification.
ReplyDeleteWithin 90 days after being elected or appointed to the Board the certification must be turned in to the Secretary. Therefore, I recommend signing the certificate after the election.
ReplyDeletePlease note that Becker & Poliakoff will be holding an online version of the class that was presented at your theater. The date is June 30, 2011. There is a blog posting about that class with a link to the registration page.