With new board education requirements passed by the Florida Legislature now in effect (as of July 1, 2024), many board members have questions or don’t know where to begin. At FirstService Residential, we remain dedicated to staying on top of legislative changes that impact your association and helping board members navigate new requirements. While the new laws can feel overwhelming at first, building a strong foundation of knowledge benefits your association in the long run and enhances your reputation with residents who have entrusted you with their community.
Mara Jockers, vice president and general counsel at FirstService Residential, put it this way, “We should view these new requirements in a positive light because board education is positive. Knowledgeable board members will better serve their communities. Being educated on key association topics like financials, association records, and preventive maintenance helps boards meet duties more effectively and avoid potential mistakes.”
Ready to dive in? Read on to get a rundown of 2024 board education requirements for condo and homeowner association boards and get answers to your top questions.
What are the new education requirements for condo associations?
Condo Reform House Bill (HB 1021) overhauls state laws governing condo oversight and management in part by holding condo boards more accountable for maintenance, repairs, reserves, and recordkeeping.
The new law provides education requirements for the officers and directors of condominium associations:
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Within 90 days of being elected or appointed, directors must submit both the written certification that they have read the association’s governing documents, will work to uphold the documents to the best of their ability, and faithfully discharge their duties, and submit a certificate of completion of an approved condominium education course.
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Directors must complete four hours of training which includes instruction on milestone inspections, SIRS, elections, recordkeeping, financial literacy and transparency, levying of fines, and meeting requirements.
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Directors must complete at least one hour of continuing education each year about recent changes to the condominium laws and rules during the past year.
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Directors, excluding directors for a timeshare condominium, must certify on a form provided by Florida’s Department of Business and Professional Regulation (DBPR) that they have completed the required written certification and educational certificate requirements.
What are the new education requirements for homeowners associations?
The education requirements for homeowners associations differ slightly from those for condo associations. House Bill (HB 1203) amends several homeowners association regulations by revising provisions related to standards and education for association officers, directors, and managers. The law revises the education requirements for the directors and officers of homeowners associations:
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A newly elected or appointed director must, within 90 days after being elected or appointed, submit a certificate of having completed the educational curriculum administered by a DBPR-approved education provider like FirstService Residential.
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The educational curriculum must include training related to financial literacy and transparency, recordkeeping, levying of fines, and notice and meeting requirements.
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If serving an association of fewer than 2,500 parcels, a director must complete at least four hours of continuing education each year.
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If serving an association of 2,500 parcels or more, a director must complete at least eight hours of continuing education each year.
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The certificate of completion is valid for up to four years; a director must retake the DBPR-approved initial education every four years.
Board members will report they’ve met educational requirements to the DBPR one year from when they submit/submitted their latest report (usually in March). Associations must include this information as part of the official records.
What should I do first in order to comply with the new board education requirements?
Make sure to consult your association attorney to ensure that you are abiding by Florida law and continuing to adhere to your governing docs. Your management company can also provide valuable guidance.
Next, let’s talk about timeframes and deadlines. If you were elected to a board after July 1, 2024, you’ll need to complete the educational requirements for your association within 90 days of your appointment. If you were elected prior to this date, you’ll need to complete the requirement within one year of being elected or by January 1, 2025 (whichever comes first). You must also complete one hour of continuing education each year you remain on the board.
How do I keep track of the new education requirements once I complete them?
Board members must certify in writing that they have read the governing documents and will uphold the governing docs. You must also submit a certificate that you have completed the education requirements.
Where do I take the board certification course?
The good news is there are convenient online options available today. The DBPR currently offers a free four-hour Board Certification Program online. While the time and availability of this program may be limited, continue to check their website to sign up for available courses. Additionally, FirstService Residential will continue to offer future assistance with board educational requirements via an updated Board Certification course once approved. We continue to monitor the changes to the educational requirements and are enhancing our program to comply with the DBPR’s guidelines.
What happens if we don’t comply with the new board education requirements?
Keep in mind that following the board education law is a requirement for the entire board, so it is key that every member comply. If a director doesn’t complete the certification and file the educational certificate on time, they may be suspended from the board. This can disrupt a healthy association and even create conflict if the board is unable to effectively serve because they are short-staffed and seek to appoint someone else to fill the open position.
How will these new board education requirements impact my association?
While the initial requirements may seem demanding at first glance, remember that board education is very positive. It’s critical to understand what it takes to operate an effective association, including financials, laws, maintenance, and communication. However, even with the expanded education requirements, your board still has a vast support network to lean on for expertise on complex issues. Alyson Theale, vice president for FirstService Residential, said, “Education is power for the board member, but there are many nuances to the association industry that can feel overwhelming. The great news is you can look to subject matter experts, specifically your manager and management company, association attorney, CPA, and engineer, for guidance on a regular basis, as well.”
FirstService Residential can help you pursue the right education for your board so that you are not only following state law, but also making well-informed choices that positively impact your community for years to come. For additional help or questions regarding the latest requirements, contact us today.