Re: New Candidate Certification Form

CALL Alert for September 11, 2008—DBPR Publishes New Candidate Certification Form for Condominium Associations.

As you are aware from our previous CALL Alerts, one of the new laws adopted during the 2008 Legislative Session requires condominium associations to send out with the first notice of the election, a certification form provided by the Division of Condominiums, Timeshares and Mobile Homes (“Division”) attesting that he or she has read and understands, to the best of his or her ability, the governing documents of the association and the provisions of the Condominium Act and any applicable rules. This new law does not apply to cooperative associations or homeowners’ association, only condominium associations.

The Division has just published the form. We have attached the form to this CALL Alert. You can also find it at the Division’s website at:
http://www.myflorida.com/dbpr/lsc/documents/candidate_certification_form.pdf

The form must be sent with the first notice of the election, if the first notice is mailed on or after October 1, 2008 (the effective date of the new law). Please note the new statutory language literally only requires the Association to send the Division’s certification form to the unit owners, but does not require the candidates to send them back to the Association in order to qualify to run for the Board. This may change, if the Division promulgates a rule to the contrary.

Also, if a candidate chooses to sign the certification form, it must be provided to the Association thirty-five (35) days before the election. The Association is required to send any timely submitted certification forms to the unit owners along with the second notice of the election. (The thirty-five (35) day deadline may change if the Division promulgates a rule to the contrary).