Condominium Associations

Do your Association COVID rules need adjusting as we move into Season?

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With the cold weather up north and new lock downs in some states put in place from COVID spikes we are seeing a lot of snowbirds flying and driving back down here escaping from their lockdowns up north.

While many Condominium and Homeowners’ Associations had loosened their COVID rules over the summer with many owners away, they are now filling up fast and we are getting reports that some of the snowbirds are arriving COVID positive.

This is upsetting a lot of the full time folks who did not have to worry that much about COVID in their building or neighborhood over the summer when not many were around.  Some also worry about whether they have an obligation to inform the other residents that someone COVID positive has moved in.

As long as those testing positive quarantine for the appropriate period, there should not be much risk to the other residents and the government can handle contact tracing.  We don’t see much of a problem in notifying owners that someone has tested positive in the community but we do not recommend telling other owners their names or their unit number or address. Hearing of positive tests does not seem to be much of a rarity anymore.

However, as long as there is still a state of emergency ordered by the Governor, your Association may want to reinstitute its COVID rules or continue the ones you already have in place until the emergency is lifted or the new vaccine distribution becomes prevalent.

Many associations require masks for all individuals when they are in the common area of the buildings or clubhouses, including elevators, hallways, work out rooms and social rooms.  They also encourage social distancing and hand washing.  Some Condominium Associations only permit construction in units if an emergency and ask their owners to put off remodeling or other non-emergency construction to limit the number of outsiders in the building. Others, with more elderly populations, are prohibiting leasing, guests and/or non-resident family members of unit owners until the state of emergency is lifted.

It is great to hear that the vaccines with over 90% effective rate appear to be on the way and hopefully that will get us back to normal.  Until we can all get a shot, keeping safe in our homes and while out and about should continue to be a priority.

Condominium Associations

Voting on amending governing documents

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Well, Tuesday will be the day folks will go vote in person for President of the United States. That is for those who did not already vote by absentee ballot.  When the votes are counted anybody who did not vote is not counted at all in determining who will win and be our next President.

However, this is not usually the case if you’re Condominium or Homeowners’ Association has old developer drafted documents that have never been updated.  Most of these old governing documents provide that they can be amended with the approval of either 2/3rds or 75 percent approval of all the members.

This means that if an owner does not return a proxy vote to be counted, their vote will always be counted as a NO vote.  As a result many good amendments that have been well thought out by the Board of Directors will never pass just because of the inherent apathy of many owners when it comes to proxy voting.  When you ask those who did not vote how they would have voted had they done so, the vast majority would have voted to approve the proxy questions!  But because they did not vote, they are counted as a NO vote.

You cannot really blame these owners for such apathy because many believe their vote really does not matter and being busy people they may not want to take the time to read everything and figure out how to cast their proxy vote.  Many who own a lot of stocks receive such proxy solicitations from the companies they own stock in all the time and unless they owner a great percentage of the stock in the company, their vote probably really does not matter so they throw the stock voting package in the circular file.

Unless this apathy condition is broken, when it comes to voting to amend the Association’s governing documents, the Community can get stuck in the stone-age with old documents that no longer reflect current law or current practices in the industry.  This can really hamper the ability of the Community to properly conduct business and legally keep up with the times.

We find it beneficial for many Associations to go get a vote of its members just to bring down the too high voting requirement in their governing documents to a reasonable level so that in the future good amendments can get passed or the governing documents (Declaration of Covenants, Articles of Incorporation and Bylaws) can be rewritten to be up to date with the law and conform with standard modern practices.

  Typically we suggest the voting requirements for amendment should be changed from either 2/3rds or 75 percent of all the members to 2/3rds or 75 percent of “those who actually vote”.  You will still need at least a quorum of the members to send in their proxy vote to have a legal meeting to count the votes. We find that when a proxy voting package is sent out, you get between and 65 to 75 percent of the owners voting.  So, you will then need 2/3rds or 75 percent of somewhere between 65 and 75 percent of the owners. This is a manageable number to get and is still a super majority of the members voting wanting a change.

In order to get the first amendment to bring the vote down, you will probably need to have a get out the vote committee to knock on doors, call neighbors and send e-mails a few days before the meeting to count the votes to make sure you get the initial 2/3rds or 75 percent.

You can open the proxies as they come in to keep a running tally of the vote and then a few days before the meeting you can see how many owners you need to contact to get to the magic approval number.  Owners can e-mail or fax in a signed copy of their proxy which is as good as an original and can be counted.

Condos and HOA's

Condominium budget preparation issues

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It is that time of year when Condominium Associations start working on preparing their budgets for 2021. Usually a small committee or the board will have a “workshop” to come up with a preliminary budget and later in the year the board will vote on the final budget.

We are often asked whether this budget workshop can be a closed meeting as the board is not yet voting on the meeting.  Although there are many good reasons to keep such meetings small, notice of such meetings must be posted on the property at least forth eight (48) hours before the meeting and members have a right to attend such workshop meetings.

Section 718.112(2)(c), Florida Statutes, requires  that: “Adequate notice of all board meetings, which must specifically identify all agenda items, must be posted conspicuously on the condominium property at least 48 continuous hours before the meeting except in an emergency. . . . Meetings of a committee to take final action on behalf of the board or make recommendations to the board regarding the association budget are subject to this paragraph.”

Now when it comes time to approve the final budget once it has been determined after the workshop meeting, a copy of the proposed final budget along with copy of notice of the board meeting to approve same must be delivered to the unit owners at least fourteen (14) days before the board meeting.

Section 718.112(2)(e), Florida Statues, states that:  “Any meeting at which a proposed annual budget of an association will be considered by the board or unit owners shall be open to all unit owners.  At least 14 days prior to such meeting, the board shall hand deliver to each unit owner, mail to each unit owner at the address last furnished to the association by the unit owner, or electronically transmit to the location furnished by the unit owner for that purpose a notice of such meeting and a copy of the proposed annual budget.  An officer or manager of the association, or other person providing notice of such meeting, shall execute an affidavit evidencing compliance with such notice requirement, and such affidavit shall be filed among the official records of the association.”

In addition to the estimated operating revenues and expenses, the proposed annual budget must include reserve accounts for capital expenditures and deferred maintenance. Pursuant to Section 718.112(2)(f), Florida Statutes: “These accounts must include, but not be limited to roof replacement, building painting, and pavement resurfacing, regardless of the amount of deferred maintenance expense or replacement cost, and any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000. The amount to be reserved must be computed using a formula based upon estimated remaining useful life and estimated replacement cost or deferred maintenance expense of each reserve item.” The Association may use a straight line or pooled method for determining a fully funded budget. Utilizing the pooled method usually decreased the amount of reserve assessments required in a fully funded budget as reserve funds are calculated to be needed just in time when the line items are need to be paid for.

A fully funded reserve budget must be adopted by the board unless a majority vote of the membership vote to provide for no reserves or less reserves than fully funded.  In order to take this membership vote, the board should present a budget with fully funded reserves to the members along with an alternative budget will less than fully funded or no reserve funding.  Such a vote can be taken at a special membership meeting immediately before the board meeting to vote on the budget and would also require a fourteen (14) day notice of the special members meeting.

The proxy question asking the owners to approve less than a fully funded reserve budget must state in large font:  “WAIVING OF RESERVES, IN WHOLE OR PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.”

Condominium Associations

Association’s powers during pandemic

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Many associations are scheduling few regular board meetings now because of concerns of risk of spread of COVID-19 from gatherings.  However, while fewer board meetings are taking place, association business needs to continue and the association needs to continue to contract for the maintenance, repair and replacement of the condominium and homeowners’ associations properties.

So how do associations approve contracting with vendors between board meetings?  The president of the association is the person with the actual authority to contract with any and all vendors of the association.  The vendor can rely on the president’s signature on the contract as a binding contract whether or not the board internally approved the contract or not. For low dollar contracts, the board has usually granted the president with the internal authority to go ahead and sign such contracts without the need for board approval.  However, for large dollar contracts, usually the board wants to review and approve the contract before the president signs off.

Many times however, the large contract cannot wait until a board meeting can be set, noticed and held.  It may be that a discount can only be made in a major repair contract if signed quickly especially when trying to get the contract services moving right away.  This can be important if the association wants the job completed before the next Season when the snowbirds return and the buildings or neighborhoods fill up again.

We have found that the best way to get such contract timely signed and protect the president in doing so, is for the president to informally individually poll some directors (either by phone call or individual e-mail) to make sure at least a majority of the board has the president’s back in signing the high dollar contract.  If the president gets such an informal majority of the board’s approval to execute the contract, then he or she can feel comfortable with signing it. Such a poll is not a formal vote of the directors as the directors cannot formally vote outside a scheduled board meeting.  However, the board can then later formally ratify the contract the president signed at its next scheduled board meeting under old or new business.

This power of the president and the board is even stronger during the state of emergency ordered by the Governor during the pandemic as statutory emergency powers granted to associations during stated emergencies are in play. For example, temporary emergency rules limiting access to the Condominium or association property can be enacted to limit guests, visitors, and vendors to the condominium units or homes to decrease the change of COVID-19 spread to those in residence. Such emergency access rules are very important for condominiums or homeowners’ associations that have a large elderly population.

Condos and HOA's

When to enforce, when to change rules

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Most Condominium and Homeowners’ Associations have governing documents containing a number of restrictions and rules and regulations.  They are designed to keep the communities attractive and the residents happy.

  Exteriors of homes and yards are to be kept up, roofs cleaned and condo lanai’s kept from becoming eye sores.  Businesses with commercial vehicles and client traffic coming and going are not to be conducted from a home or condominium unit.  Neighbors are not to be creating nuisances with loud late night parties.

  When an owner doesn’t follow one of these rules made for the benefit of all residents, they need to be dealt with quickly so the place does not deteriorate.  If a cordial phone call or e-mail from the property manager or a director does not solve the rule violation, then the matter should be turned over to legal counsel so that the violation ceases and does not happen again.

If legal counsel must get involved, then the violator will be sent a cease and desist letter.  If the violation continues after the attorney letter, then legal action may be taken against the violator.  Such action could be an Arbitration Complaint with the Division of Condominiums, a pre-suit Mediation Action for a Homeowners’ Association or a County or Circuit Court Complaint depending upon what kind of violation it is.  If such becomes necessary the offender could be responsible for the Association’s prevailing party attorney’s fees in addition to their own.  So it could become very costly if a violator does not comply once he or she is informed of their violation.

  What about rules or regulations that are on the books and violations have been occurring but no enforcement has been implemented by the Association?  Well, an Association cannot enforce a violation that it has no actual knowledge about. Therefore, a resident must make a written complaint first to the Association so that the Board becomes aware of the violation that is bothering another resident.  Once it knows of the violation, the Board has the fiduciary duty to enforce the rule being broken.  If it does not, a resident could go after the Board for not enforcing the rule.

What about a rule on the books that no one cares about?  Sometimes there are old rules that have been around for a long time but residents don’t have a problem with other residents breaking the outdated rules.  One example is prohibition of pick-up trucks.  Many association have no pick-up trucks allowed rules.  They were usually written long ago when not many people had pick-up trucks and those who did usually had work trucks which were unsightly with tools and material all in the back and maybe commercial signage.

  Well today, most new pick-up trucks are not your granddaddy’s pick-up trucks.  Many cost twice the price of a regular car and can be quite good looking and upscale.

If your residents don’t mind having these nice looking pick-up trucks in the driveways or in the parking areas, then a Board should probably put up a vote to the members to remove the pick-up prohibition from their governing documents.  This should go for any rule that the vast majority of the members no longer want to be enforced.

If you don’t get rid of such rules, then all you need is one resident who does not like their neighbor and will go after the Board if the Board does not make their neighbor get rid of their truck.  If the Board refuses (without getting the rule amended out by the members), then the Board could be sued by the owner for not enforcing the rule on the books. This could become expensive for the Association and politically a problem for the Board.

Summer may be a good time to have a committee review all the rules and regulations of your Association and determine what rules are no longer wanted and what ones should be changed or added to keep up with the times. Your legal counsel can then help you prepare the legal documents to have the members vote to make the changes.

Condominium Associations

Virtual meetings are the norm for now

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Under the emergency powers granted by the Governor and to ensure social distancing under his COVID-19 orders, many Associations cancelled their Annual meeting (usually held between January and March each Season) to be rescheduled at a later time.

We are now into May and we are not sure when all social distancing orders or suggestions will be lifted. Therefore, some Associations are now looking to reschedule their annual meeting sometime this month or next rather than waiting longer into the year.  They may be having contested elections and want to see their new board seated and/or are voting on various important proxies issues.

When you can’t have more than 10 people gathering and they have to stay at least 6 feet apart it is difficult, if not impossible, to have “in person” Condominium or Homeowners’ Association meetings.

The best way we have seen for Associations to have their board and members’ meetings then is to have them by teleconference or video conference.  You can provide the call in number and code or video meeting log on link to the members on the notice of the board or member’s meeting that is posted and/or mailed out to the members and the access information can also be blind copy e-blasted to owners.

Telephone and video conferences are an acceptable option as every person on the conference can hear and talk to others on the conference the same as if they were in person.  You can set rules as to when and how those attending the teleconference or video conference can speak similar to in person meetings.

If it is an annual or special members meeting where ballots and/or proxies are to be counted, you could allow just a few people (including the counters) attend the meeting in person to count the ballots and/or proxies in a socially distant manner to stay safe.  They would also be on the teleconference or video conference line where everyone else is attending.

Some Associations with a snowbird or transient population already have teleconference or video conference board meetings in the summer so they are used to having such meetings.  The drawback of video conference meeting is that sometimes they seem not to work too well if lots of members log on and some owners do not have video conferencing set up on their computers.  We don’t see such issues with teleconference meetings.  If you want to have an attorney client privileged closed board meeting, video conference works very well as there are usually less than 10 participants.

We all look forward to the day when social distancing is a term of the past and neighbors can get together in person again to conduct association business eye to eye. Virtual meetings cannot provide the same warmth and camaraderie of face to face. Maybe we will get handshakes back too someday. Until then, it looks like telephonic or virtual Association meetings may be the norm.

Condos and HOA's

Residents who refuse to follow the rules

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Just about every planned community in Southwest Florida has governing documents recorded in the public records of the County containing various regulations as well as unrecorded “house rules” that the residents are supposed to follow in order to maintain a community of congenial, financially responsible residents with the objectives of protecting the value of the homes and units, inhibiting transiency, and facilitating the development of a stable, quiet community and peace of mind for all residents.

For some communities however, there are residents who believe for some reason that the rules and regulations do not apply to them.  Some people who are used to living in a home in an unincorporated neighborhood up North are used to doing pretty much whatever they want in their house and on their lot. Such behavior does not transition well to living in gated communities and condominiums in Southwest Florida.

Usually, when this type person fails to follow the rules, such as failing to clean their roof, failing to leash their dog, failing to cut their grass, failing to apply for and register tenants and guests, failing to follow the traffic signs, failing to clean up after themselves on the common areas or, instead of failing to do something, the person decides to break the rules by parking the wrong type vehicle on the property, painting their house the wrong color, bringing pets to no pet buildings, playing loud music or having loud parties at late hours, going to the pool after dark when it is closed or just being obnoxious to fellow residents, the manager or board may call them or send them an e-mail or a letter and kindly ask that they knock it off and start following the rules.

We find that although these “kind” reminders work sometime in obtaining compliance, many times, the violators don’t respect such requests and decided to continue to act like outliers.

This is usually when legal counsel comes in as the board and management are at wits end and need some help in encourage compliance.  We will usually send a last chance “cease and desist” letter to the violating resident and the owner of the property and let them know if their rules and regulations violations do not stop, the Association will bring legal action against them.

The legal action could commence with Arbitration in Condominiums or Pre-Suit Mediation in Homeowners’ Associations or direct legal action in Court depending upon the type violation.

We will let the violator and unit or home owner know that if such legal action becomes necessary, they will be responsible for the Association’s prevailing party attorney’s fees in addition to their own.  Such a letter works much better than a $100 fine as the violator and owner could now be looking at being responsible for thousands of dollars of legal fees if litigation becomes necessary.  At this point, when they see they will probably be responsible for large dollar amounts, most remaining violators will then get in line and comply with the rules.

However, for the few that still don’t see the light and continue to cause trouble, litigation will ensue where damages and injunctions are sought.  If the court issues an injunction telling the violator to start following the rules and the violator still does not comply with the court order, the Judge may well then fine the violator for contempt of court. If violations continue after that, then the Judge may throw the person in jail.

For these difficult people, it is kind of like giving someone an Indian Sunburn.  You have to keep squeezing their arm until they cry uncle.  It can be very costly both in money and time for those who refuse to cry uncle in short order.

 It is a shame that there are such persons living in your communities who refuse to follow societal norms.  Regretfully though, as long as they continue to cause trouble, Associations must use their monies and time as a cost of doing business in covenant enforcement in furtherance of their fiduciary duty to protect all the other good residents in the community.

Condominium Associations

Most associations should have 5 directors

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We see a few Condominium or Homeowners’ Associations with only three directors serving a one year term and some larger Associations with seven or nine directors.

There is a benefit to larger Master Homeowners’ Associations, with many neighborhoods and condominiums, to have many directors so that each of the various sub-communities have a representative on the master board.

However, for the vast majority of Associations five directors is the best number because you can obtain a quorum of the board and have a board meeting if only three directors show up.

Some smaller Associations say it is difficult to get more than three directors because of apathy in the community. However, having only three directors can be a major problem because a quorum is then only two directors. Then, if two directors meet at the pool, in the social room, in each other’s units, or on the telephone and discuss Association business, such acts could be considered to be an illegal board meeting. Under the Florida Sunshine Laws contained in the Florida Statutes, when a quorum of the board meets and discuss Association business (in this case two directors), the meeting is considered an official board meeting and must be noticed at least 48 hours before the meeting and the meeting must be open to all the members. This of course could be a real problem when the two directors believe they are just getting together socially, to play golf, or just to talk on the phone.

To avoid such a Sunshine Law problem, having five directors is much better because it then takes three directors to get together discussing Association business to have a quorum and therefore a board meeting.

Next is the issue of having one year terms of director verses two year staggered terms. With a five member staggered board, three directors will be elected one year to serve two year terms and two directors will be elected the following year to serve two years terms then and so on and so on.

The beauty of staggered terms is that you will get a continuation of service and directors with knowledge of Association business staying on the board each year which allows for a much smoother operation of your Association year to year and the new board not having to reinvent the wheel every year.

If your Association does not already have five (5) directors with two year staggered terms and you want to move to this set up, you will probably have to amend your Association’s Bylaws to provide for such.

Some of you may be aware that a new law was passed last year imposing eight year term limits on Condominium Association directors. There were differing opinions as to whether the eight years included years served before the law become effective 7/1/19 or only years served by directors elected after 7/1/19.

The division of condominiums in Tallahassee finally have said that they see the law, as do most Condominium attorneys, is that it provides that the eight years term limit does not start until a director is elected, or starts to serve, after 7/1/19 no matter how many years the director may have served before 7/1/19. It is difficult for many Associations to find good members willing to serve on their Association’s board. Therefore, hopefully the Legislature will be wise and repeal this eight year limitation before 2026 when some good directors may start reaching their eight years max.

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Rob Samouce is a principal attorney in the Naples law firm of Samouce & Gal, P.A. He is a Florida Bar Board Certified Specialist in Condominium and Planned Development and concentrates his practice representing condominium, cooperative and homeowners associations in all their legal needs including the procedural governance of their associations, covenant enforcement, assessment collections, contract negotiations and contract litigation, real estate transactions, general business law, construction defect litigation and other general civil litigation matters. This column is not based on specific legal advice to anyone and is based on principles subject to change from time to time.
Homeowners Associations

Keeping drones from being a nuisance in your community

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We keep hearing that delivery companies will soon be delivering packages to our doorsteps by drones. Developers and realtors are using drone footage as marketing tools. Hobbyist and kids are flying them around in their spare time.

How should your Condominium or Homeowners’ Association handle the growing number of drone use from becoming a nuisance in your community?

While some board of directors just say they want to ban drones in their community, this is easier said than done as flying vehicles (such as airplanes or helicopters) have the right to fly over your community’s airspace and there are a lot of benefits to having as described above to having drones around.

So, rather than trying to prohibit drones, we suggest that community associations have their owners approve amendments to their governing documents to allow them as long as they are flown legally and do not unreasonably disturb the residents.

As for flying legally, drones can be defined as powered, unmanned, aerial vehicles that use aerodynamic forces to provide vehicle lift, can fly autonomously or be piloted remotely, and designed to be recoverable. The drones need to 1) be registered with the FAA, to the extent required, 2) be operated by an individual duly licensed by the FAA, to the extent required and 3) be flown and utilized only in accordance with the FAA and other applicable governmental requirements.

As for not disturbing the residents, the drones need to 1) be flown within the community in a manner not to interfere with an owner’s reasonable expectation of privacy, 2) not utilized in any fashion to spy or otherwise peer or take pictures into the residence of another owner’s property, 3) not utilized to harass any person with respect to private property or to the Association’s common property and 4) not utilized in a manner to cause injury to person or property.

It is good to add language to the amendments that make the operator of a drone liable and solely responsible for any injury to person or property which results from the use of such drone. If the operator fails to comply with the new amendments, the person shall constitute a nuisance and violation of the regulations.

To protect the association, the new regulations should provide that the association is not a guarantor or protector of an individual’s right to privacy with respect to any drones that are flown in the community and that the association will only undertake actions under the regulations if the association representatives have direct knowledge and evidence of a violation or following receipt of a written claim from an offended resident and subsequent inspection by the association and determination of a violation.

New technology develops much quicker than the legal rules and regulations that come slowly after once an issue arises, privacy is invaded, property is damaged or persons get hurt by it. That is why it is prudent to get ahead of the curve so your residents who use or are affected by the new technology will clearly understand what their legal rights and obligations are in relation to the new technology. Adopting such drone rules and regulations should help keep the peace in your building or neighborhood.

Rob Samouce is a principal attorney in the Naples law firm of Samouce & Gal, P.A. He is a Florida Bar Board Certified Specialist in Condominium and Planned Development and concentrates his practice representing condominium, cooperative and homeowners associations in all their legal needs including the procedural governance of their associations, covenant enforcement, assessment collections, contract negotiations and contract litigation, real estate transactions, general business law, construction defect litigation and other general civil litigation matters. This column is not based on specific legal advice to anyone and is based on principles subject to change from time to time.
Condominium Associations

New directors must sign the form or go to class

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Last month we talked about what owners must do to run for the board in a Condominium or Homeowners” Association. This month we will discuss what document a newly elected or appointed director in a Condominium Association, Cooperative Association, or Homeowners’ Association must sign to be in compliance with State Law requirements.

Florida law says that new directors must either sign a new director certification form or attend an educational class and obtain a certification of completion form.

Section 718.112(2)(d)3.b., Florida Statutes provides that: “Within 90 days after being elected or appointed to the board of an association of a residential condominium, each newly elected or appointed director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of condominium, articles of incorporation, bylaws, 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 director 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. 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. A director of an association of a residential condominium who fails to timely file the written certification or educational certificate is suspended from service on the board until he or she complies with this sub-subparagraph. The board may temporarily fill the vacancy during the period of suspension. The secretary shall cause the association to retain a director’s written certification or educational certificate for inspection by the members for 5 years after a director’s election or the duration of the director’s uninterrupted tenure, whichever is longer. Failure to have such written certification or educational certificate on file does not affect the validity of any board action.”

Similar language is provided in Chapter 720, Florida Statutes for Homeowners’ Associations and Chapter 719, Florida Statutes for Cooperative Associations.

Even though the new director certification forms says that the director has read “all” of the association’s governing documents (most directors never have read all of their governing documents and never will- nor has their Attorney), there is no penalty under the Statutes for signing the document and not actually reading the governing documents.

Similarly, for the few directors who chose to go to a class, there is no requirement to pay attention or take or pass any test. As long as the warm body director shows up, he or she will get a certificate of completion.

As long as one of the two forms (new director certification form or certification of completion of educational class) is turned into the Association within 90 days of the election or appointment to the board, the director qualifies to be on the board.

So that the qualification requirement for directors does not become an issue at your condominium, cooperative or homeowners’ association, all of your directors should sign a director certification form at your organizational board meeting following your annual meeting this season. You can get such a form from your Association attorney if your manager does not already have one. The association Secretary should then keep the signed forms along with the other Association records.

It is very interesting that the State of Florida makes unpaid volunteers willing to serve on their association’s board go through this mindless routine of signing these forms and filing them with the association’s records.

Even if a new director forgets to sign a form and is therefore “suspended” from the board, the suspension can be lifted in just a few minutes by giving the director the form and then putting it in the file. So this “sign da papers” law is really a form over substance needless imposition on volunteers care of the State.

Rob Samouce is a principal attorney in the Naples law firm of Samouce & Gal, P.A. He is a Florida Bar Board Certified Specialist in Condominium and Planned Development and concentrates his practice representing condominium, cooperative and homeowners associations in all their legal needs including the procedural governance of their associations, covenant enforcement, assessment collections, contract negotiations and contract litigation, real estate transactions, general business law, construction defect litigation and other general civil litigation matters. This column is not based on specific legal advice to anyone and is based on principles subject to change from time to time.