Sunday, October 5, 2008

Condo Assoc. Candidate Certification Form

A question was raised at the Delegate Assembly of October 3, 2008.
about signing the "Condominium Association Candidate Certification Form", handed out at the meeting, and what if any liability arose from signing this form

The Legislature adopted many changes that impact on the Boards actions in the administration of the Business of the Associations. HB 995 clearly states “there are penalties for breach or failure to perform Board duties both monetary damages and criminal law violations”. This means that whenever anyone, including the Division of Florida Condominiums, evaluates the actions of any Board, your signature on that form wherein you certify the “I have read and understand to the best of my ability, the governing document of (Your associations name goes here) and the provisions of this chapter and any applicable rules” will be available for review via subpoena should evidence be required that you failed to adhere to either your documents or Chapter 718.
I believe that we are required to sign this form to further enforce your actions to become more compliant to governing documents and Chapter 718. Liability has increased, and the old adage that "ignorance of the law is no excuse” does apply here.
Consequences? Could be, especially if we, the Boards, fail to follow either Chapter 718 or our Condo Documents.
Ed Black

1 comment:

Anonymous said...

Does this mean if we are already on the board we have to sign the form? Why would anyone want to be on the condo? I would dearly like to get off but we will be left with just a president who has wanted to resign for 3 years and other board members who are here for about three months a year and that is really useless. We are a small association of 24 units and most of the units are empty for most of the year. Between this form and the insurance responsibilities it is becoming very difficult to want to volunteer.