Legal Responsibilities Of Florida Condo Associations
People who agree to serve as a member of their condominium association sometimes think that the position is honorary or that somehow, very little work would be required. In reality, a board member has significant obligations, both to the board, the owners, and the association overall. Both Florida law and the association’s governing documents set out a series of responsibilities each board member must uphold – and in rare cases, failing to do so can get a person in serious legal trouble.
Must Act In The Association’s Best interests
First and foremost, board members have a fiduciary duty toward the association – that is, they must swear to act in the association’s best interests at all times, including disclosing conflicts of interest and refraining from “self-dealing” at the cost of criminal penalties. It is true that board members do not often individually face liability due to a rule known as the business judgment rule, but this does not mean that a condo board may not be held accountable.
Next to upholding its collective fiduciary duty, a condo board’s next most important job is maintaining the association’s structural integrity and common elements. Associations are generally required to do this under state law, though the governing documents may add additional responsibilities as well. Since the 2021 Surfside collapse, there has also been additional pressure on condo associations to be extra-vigilant about structural inspections and required repairs.
Establishing A Culture Of Trust
In addition to managing the structural and financial nuts and bolts of a condo association, a board and its members are the final authority on enforcing rules and bylaws (short of a state or federal court). Owners expect uniform enforcement of by-laws and condo rules, as well as clear-cut communication about violations or disputes. Selective enforcement is one of the most controversial practices that a condo board can have, and it is one of the quickest ways for owners to lose trust in the association to act for them.
In emergency situations like hurricane landfalls, Florida law does give a condo board emergency powers that allow it to act somewhat unilaterally, ostensibly in order to make decisions to protect the association and its members. However, the board must act appropriately; if the association attempts to overstep its bounds, unit owners have the right to seek outside assistance in reminding the association of its limits.
Call A Tampa Condo Association Attorney
Sometimes, particularly with a newer condo association, there can be confusion about the rights and responsibilities of both the unit owners and the board. If you are in this situation, or you suspect that your board is trying to take on powers outside their purview, a Tampa condo association attorney from the Seward Law Office may be able to help. Call our office today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/Sections/0718.111.html
