Hi all,
Here is an interesting new wrinkle for those running for the Board of your Associations the following is self explanatory:
Dave
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CALL Alert for October 1, 2008 - Division’s Position Regarding New Candidate Certification Form for Condominium Associations
Dear David Israel of Greenbrier C Condominium Association, Inc.,
As we have reported previously, 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 new law is effective today, October 1, 2008. The new form is available on the Division’s website at:
http://www.myflorida.com/dbpr/lsc/documents/candidate_certification_form.pdf
We have recently learned that the Division is taking the position that in order to be eligible to be a candidate for the board, a candidate must sign and turn in the form to the association and that only those candidates who have submitted the certification form can be listed on the election ballot.
The association is required to send any timely submitted certification forms to the unit owners along with the second notice of the election.
The Division has further advised that it will take enforcement action against an association that includes candidates on the ballots that have not turned in this certification form.
The Division’s position is certain to be controversial because the literal language of the law does not require the candidates to send them back to the association in order to qualify to run for the Board. In any event, we wanted to inform you about the Division’s position. If you have any questions about how this new law will affect your election, please contact your community association attorney.
Also, remember that all of the laws adopted in HB 995 (sponsored by Representative Robaina) are effective today, October 1, 2008.
Very truly yours,
Sincerely,
Yeline Goin and David Muller, Co-Executive DirectorsCommunity Association Leadership Lobby (CALL)
Wednesday, October 1, 2008
CANDIDATE CERTIFICATION FORM
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5 comments:
Dave, does that mean to submit your name as a candidate on your board, a person has to certify that they completely understand the bylaws? I know it sounds like a silly question, but those bylaws can be difficult to get through. Just wondering.
Not completely understands... but understands to the best of their ability. This understanding includes Chapter 718, and probably the Florida Administrative Codes applicable to condominiums. This certification also needs to be sent out with the ballots and second notice of election. I would strongly suggest that every association has their "service providers" handle their election process. As if it wasn't already difficult to muster up a board...
I should have said that the COMPLETED certification returned by the candidates needs to be sent out with the ballots and second notice of election.
Hi Curious Said
Oct 1, 2008 8:29:00 PM,
As Randall said, here is the exact language of the Certificate:
"certify that I have read and understand to
the best of my ability, the governing documents of:"
Nobody completely understands all of the arcane documents governing Condominiums.
Dave
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