Homeowner Association Board Member Certification Course "Everything You Wanted To Know about Being An HOA Board Member But Were Afraid To Ask!

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1 Homeowner Association Board Member Certification Course "Everything You Wanted To Know about Being An HOA Board Member But Were Afraid To Ask!"

2 I. ASSOCIATION OPERATIONS A. Association Responsibilities B. D.B.P.R. Reporting Requirements (13), F.S. C. Fiduciary Relationship (1), F.S. D. Association Powers and Duties (1), F.S. E. Hierarchy of Governing Documents F. Amendments to Governing Documents (1), F.S. G. Maintenance of the Common Areas H. Hold and Notice Meetings I. Directors Voting at Board Meetings (2)(c)3., F.S. J. Soliciting or Accepting Kickbacks (3), F.S. K. Contracts with Board Members (2), F.S. L. Criminal Charges Pending Against a Board Member (4), F.S. II. RECORDS MAINTENANCE, INCLUDING OWNER ACCESS TO RECORDS A. Official Records (4); (5) B. Owner Inspection Rights C. Rules and Regulations Regarding Record Inspection (5)(c), F.S. D. Record Maintenance & Retention Policies E. Copying Charges and Administrative Personnel Expenses (5), F.S. III. COVENANT ENFORCEMENT; DISPUTE RESOLUTION A. Division of Florida Condominiums, Timeshares and Mobile Homes ( Division ) B. Mandatory Pre-suit Mediation , F.S. Page 2 of 5

3 C. Suspension of Use Rights for Governing Document/Rule Violations ( (2), Florida Statutes) D. Suspension for Parcel Owner Delinquencies ( (3), Florida Statutes) E. Fines for Governing Document/Rule Violations ( (2), Florida Statutes) IV. HOA BUDGETS AND RESERVES A. Budget Requirements (6), F.S. B. Non-Statutory Reserves (6)(b) and (c) C. Statutory Reserves (6)(b)-(h), F.S. V. ELECTIONS FOR HOMEOWNERS ASSOCIATIONS , F.S. A. Electing Your Board of Administration: B. Term of Office: Candidate Eligibility (4) and (9)(b) F.S.: C. Notice Procedures D. Campaigning E. The Documentation F. Conducting Your Election / Tabulating Results G. Board Member Certification (1), F.S. VI. ASSOCIATION FINANCIAL REPORTING A. Financial Reporting (7), F.S. B. Financial Statements, Four Levels: C. Exception for Communities with Fewer Than 50 Parcels (Unless Documents Require Higher Level): Only required to prepare a report of cash receipts and expenditures regardless of total annual revenues. D. GAAP and GAAS Page 3 of 5

4 E. Providing a Lower Level of Year-End Reporting (7)(d), F.S. Requires owner vote and approval of majority of the quorum. F. Providing a Higher Level of Year-End Reporting (7)(c), F.S. VII. INSURANCE AND MAINTENANCE CONSIDERATIONS A. Documentary vs. Statutory Requirements: B. What is Required to be Insured? 1. Fidelity Bonding (5), F.S. Insurance or fidelity bonding C. Types of Insurance General Liability Casualty (Wind, Fire, etc.) Flood Directors and Officers Workers Compensation Fidelity Bonding (5), F.S Law and Ordinance Umbrella Other Insurance D. Determining Insurance Deductibles VIII. HOME OWNERSHIP AND USE A. Restrictions and Responsibilities of Homeowners B. Financial Responsibilities of Homeowners C. Architectural Controls , F.S. D. Florida Friendly Landscaping , F.S. Page 4 of 5

5 E. Satellite Dishes F. Solar Panels, Clothes Lines and other Energy Saving Devices (2), F.S. IX. MARKETABLE RECORD TITLE ACT (MRTA) A. Preservation , F.S. MRTA can extinguish covenants and restrictions thirty (30) years from the root of title. B. Revitalization , F.S. NOTES: ADDITIONAL RESOURCES FOR COMMUNITY ASSOCIATIONS The Florida Condo & HOA Law Blog Community Update Archives Community Association Leadership Lobby (CALL) Page 5 of 5

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