Florida Statutes|Section 720.3033

                                                

720.3033 Officers and directors.

(1)(a) Within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members. Within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment.
(b) The written certification or educational certificate is valid for the uninterrupted tenure of the director on the board. A director who does not timely file the written certification or educational certificate shall be suspended from the board until he or she complies with the requirement. The board may temporarily fill the vacancy during the period of suspension.
(c) The association shall retain each director’s written certification or educational certificate for inspection by the members for 5 years after the director’s election. However, the failure to have the written certification or educational certificate on file does not affect the validity of any board action.
(2) If the association enters into a contract or other transaction with any of its directors or a corporation, firm, association that is not an affiliated homeowners’ association, or other entity in which an association director is also a director or officer or is financially interested, the board must:
(a) Comply with the requirements of s. 617.0832.
(b) Enter the disclosures required by s. 617.0832 into the written minutes of the meeting.
(c) Approve the contract or other transaction by an affirmative vote of two-thirds of the directors present.
(d) At the next regular or special meeting of the members, disclose the existence of the contract or other transaction to the members. Upon motion of any member, the contract or transaction shall be brought up for a vote and may be canceled by a majority vote of the members present. If the members cancel the contract, the association is only liable for the reasonable value of goods and services provided up to the time of cancellation and is not liable for any termination fee, liquidated damages, or other penalty for such cancellation.
(3) An officer, director, or manager may not solicit, offer to accept, or accept any good or service of value for which consideration has not been provided for his or her benefit or for the benefit of a member of his or her immediate family from any person providing or proposing to provide goods or services to the association. If the board finds that an officer or director has violated this subsection, the board shall immediately remove the officer or director from office. The vacancy shall be filled according to law until the end of the director’s term of office. However, an officer, director, or manager may accept food to be consumed at a business meeting with a value of less than $25 per individual or a service or good received in connection with trade fairs or education programs.
(4) A director or officer charged by information or indictment with a felony theft or embezzlement offense involving the association’s funds or property is removed from office. The board shall fill the vacancy according to general law until the end of the period of the suspension or the end of the director’s term of office, whichever occurs first. However, if the charges are resolved without a finding of guilt or without acceptance of a plea of guilty or nolo contendere, the director or officer shall be reinstated for any remainder of his or her term of office. A member who has such criminal charges pending may not be appointed or elected to a position as a director or officer.
(5) The association shall maintain insurance or a fidelity bond for all persons who control or disburse funds of the association. The insurance policy or fidelity bond must cover the maximum funds that will be in the custody of the association or its management agent at any one time. As used in this subsection, the term “persons who control or disburse funds of the association” includes, but is not limited to, persons authorized to sign checks on behalf of the association, and the president, secretary, and treasurer of the association. The association shall bear the cost of any insurance or bond. If annually approved by a majority of the voting interests present at a properly called meeting of the association, an association may waive the requirement of obtaining an insurance policy or fidelity bond for all persons who control or disburse funds of the association.

History.—s. 3, ch. 2013-218.

View Latest Dockets

65 Files
Filed

Mar 21, 2014

Status

Summary Judgment

Judge

Hon. BAXLEY, JAMES R Trellis Spinner 👉 Discover key insights by exploring more analytics for BAXLEY, JAMES R

Court

Lake County

County

Lake County, FL

Category

Other-Other

View More Dockets
Previous Section

Doc thumbnail Section 720.3032

Next Section

Doc thumbnail Section 720.3035

View Latest Documents

preview-icon 0 pages

Filing # 32009589 E-Filed 09/14/2015 01:36:05 PM IN THE CIRCUIT COURT OF THE 5™ JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA CEDRIC JOHNSON, CASE NO.: 2014-CA-563 Plaintiff, Vv. TRADD’S LANDING HOMEOWNERS ASSOCIATION, INC., Defendant. / PLAINTIFF’S RESPONSE AND MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT’S MOTION TO DISMISS, OR IN THE ALTERNATIVE, MOTION TO STRIKE PLAINTIFF’S CLAIM FOR ATTORNEY’S FEES AND COSTS Plaintiff, Cedric Johnson (“Johnson”), by and through his undersigned cou…

Case Filed

Mar 21, 2014

Case Status

CLOSED

County

Lake County, FL

Filed Date

Sep 14, 2015

Category

Other-Other

Judge Hon. BAXLEY, JAMES R Trellis Spinner 👉 Discover key insights by exploring more analytics for BAXLEY, JAMES R
preview-icon 8 pages

Filing # 83136982 E-Filed 01/10/2019 10:57:02 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA …

Case Filed

Sep 23, 2016

Case Status

Reclosed

County

Orange County, FL

Filed Date

Jan 10, 2019

Category

CA - Homestead Residential Foreclosure up to $50,000

Judge Hon. Luis F Calderon Trellis Spinner 👉 Discover key insights by exploring more analytics for Luis F Calderon
preview-icon 2 pages

Filing # 67018979 E-Filed 01/25/2018 10:56:33 AM IN THE CIRCUIT COURT OF THE 17 JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FL CASE NO.: CACE 17- 21440 DIVISION: 18 ANDREA ACOSTA, Plaintiff, vs. HOLLY COURT AT WOODMONT, A CONDOMINIUM ASSOCIATION, INC., A FLORIDA NON-PROFIT CORPORATION, AND CONSOLIDATED COMMUNITY MANAGEMENT, INC. Defendants. / PLAINTIFFS SECOND REQUEST FOR PRODUCTION Plaintiff, Andrea Acosta propounds the attached Second Request for Production to the Defendant to be produc…

Case Filed

Nov 28, 2017

Case Status

Reclosed Case

County

Broward County, FL

Filed Date

Jan 25, 2018

Category

Other

Judge

18 Fahnestock, Fabienne E.

preview-icon 1 page

Filing # 67767686 E-Filed 02/09/2018 02:16:51 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA ANDREA ACOSTA Case Number CACE 17 021440 Plaintiff, ve HOLLY COURT AT WOODMONT, A CONDOMINIUM ASSOCIATION, INC., and CONSOLIDATED COMMUNITY MANAGEMENT, INC. Defendant. / RESPOSNE TO PLAINTIFF’S SECOND REQUEST FOR PRODUCTION Defendants HOLLY COURT AT WOODMONT, A CONDOMINIUM ASSOCIATION, INC., A FLORIDA NON-PROFIT CORPORATION, and CONSOLIDATED CO…

Case Filed

Nov 28, 2017

Case Status

Reclosed Case

County

Broward County, FL

Filed Date

Feb 09, 2018

Category

Other

Judge

18 Fahnestock, Fabienne E.

preview-icon 0 pages

Filing # 28685288 E-Filed 06/19/2015 12:14:24 AM IN THE CIRCUIT COURT OF THE 5TH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA CEDRIC JOHNSON, CASE NO.: 2014-CA-563 Plaintiff, Vv. TRADD’S LANDING HOMEOWNERS ASSOCIATION, INC., Defendant. / PLAINTIFF’S RESPONSE AND MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT’S MOTION TO DISMISS OR IN THE ALTERNATIVE MOTION TO STRIKE PLAINTIFF’S CLAIM FOR ATTORNEY’S FEES AND COSTS Plaintiff, Cedric Johnson (“Johnson”), by and through his undersigned coun…

Case Filed

Mar 21, 2014

Case Status

CLOSED

County

Lake County, FL

Filed Date

Jun 19, 2015

Category

Other-Other

Judge Hon. BAXLEY, JAMES R Trellis Spinner 👉 Discover key insights by exploring more analytics for BAXLEY, JAMES R
View More Documents

Please wait a moment while we load this page.

New Envelope