Key Updates for Florida Condo and HOA Board Members in 2024: Certification, Meetings, and Compliance

New legislation impacting condo communities has recently gone into effect, bringing several fundamental changes.

Board Member Certification:

Board members must complete certification within 90 days of their election by attending a 4-hour educational program or certifying they have read the governing documents. Continuing education is now mandatory annually. Significant changes in 2024 include the fact that newly appointed directors, after July 1, 2024, must complete the curriculum within 90 days. HOAs have updated continuing education requirements based on community size, and new emphasis is placed on structural integrity reserve studies (SIRS) and milestone inspections. These updates aim to improve governance and safety across communities.

Unit Owners

In addition, unit owners can attend board and committee meetings, speak on agenda items, ask questions about projects and finances, and even petition the board to address specific concerns. These rights allow owners to stay informed about critical issues, such as financial decisions and projects affecting their community. Associations may regulate meeting participation, and unit owners can record meetings within DBPR’s guidelines.

Director Voting at Board Meetings

Directors present at board meetings are required to vote or abstain due to conflicts of interest, with silence interpreted as agreement. This rule ensures transparency and accountability. Additionally, unit owners can participate in meetings, ask questions, and petition the board on relevant issues.

Conflict of Interest

It is prohibited for an association to employ or contract with a provider of goods or services that is owned or operated by a board member or a relative unless approved by a two-thirds majority vote of the other board members at the board meeting. Conflicts of interest must be disclosed in meeting minutes and related contracts, maintaining transparency.

Fines or Suspensions

Associations may levy reasonable fines and may also suspend, for a reasonable period of time, the right of a unit owner or its occupant, licensee, or invitee to use the common elements, common facilities, or any other association property for the failure to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. An association may suspend the voting rights of a unit owner or member due to nonpayment of any fee, fine, or other monetary obligation due to the association. The obligation must be over $1,000 and over 90 days delinquent.

For full details, refer to DBPR’s guidelines and follow the link below for a presentation.