If you have recently been elected or appointed as a board member of a condominium or homeowner’s association, you may have some questions about what your responsibilities are. Being a board member isn’t always easy, as you have to balance the interests of the association and its members and deal with various issues that may arise along the way, but with competent legal representation in your corner, it doesn’t have to be overly complicated either. Please continue reading and reach out to the seasoned Florida condo & homeowner association attorneys here at Ansbacher Law for some basic tips for new board members of condo/homeowner associations and information about how our firm can assist you.
Tips for New Board Members of Condominium & Homeowner Associations
First, you should familiarize yourself with the Florida statutes that regulate condominiums and HOAs, as well as the governing documents of your association, which include the declaration, the bylaws, the articles of incorporation, and the rules and regulations. These documents establish the powers and duties of the board, the obligations of the members, and the procedures for meetings, elections, and dispute resolution, among other things. If you’re unclear about any of the rules governing your condominium or homeowner association, you can speak with a knowledgeable Florida condo/HOA lawyer who can help clear things up for you.
You should also regularly attend regular board meetings and participate in decision-making. During these meetings, the board discusses and votes on important matters affecting the association, such as budgeting, contracting, repairing, and more. As a board member, you have a fiduciary duty to act in good faith and in the best interest of the association and its members.
Additionally, once you’re elected or appointed as a new board member, you should ensure you complete a board certification course within 90 days (Florida law requires both condominium and HOA board members to do so). The course covers topics such as the operation of the association, the responsibilities of the board and the members, the financial reporting and management of the association, and other important information new board members should familiarize themselves with.
Finally, you should be prepared to deal with potential conflicts and disputes that may arise within or outside the association. These may involve disagreements among board members or between board members and members over issues such as assessments, rules, maintenance, elections, and more. These may also involve claims or lawsuits from third parties such as contractors or insurers. Though it’s best to resolve these incidents amicably and constructively through dialogue, mediation, or arbitration, this isn’t always possible, and sometimes, these cases will need to be litigated. That said, regardless of how contentious the dispute is, it’s always best to approach it with a knowledgeable condo/HOA lawyer who can ensure you’re always acting in compliance with the law, and who can effectively advocate for your best interests at each phase of the process.
For further questions or legal guidance, please don’t hesitate to contact Ansbacher Law today.
