Whether someone is elected or appointed to a condominium Board or a homeowner association Board, the new director has an affirmative duty to certify in writing to the Secretary of the association that the new director has read has read the governing documents for the association. The governing documents include the declaration/covenants, the articles of incorporation, the bylaws, and current written policies. The certification must state that new director will faithfully discharge the director’s fiduciary responsibility to the association’s members.
The form must be submitted to the association within 90 days after election or appointment to the Board. Both §718.112(2)(d)4 governing condominiums and §730.3033(1) governing homeowner associations have the same requirements, including the duty of the association to retain copies of the completed forms for five years after a director’s election. Directors who do not comply with this requirement must be suspended if the certification is not made timely.