Important EPROC News

From by Jim Harmon, EPROC President

September 9,, 2021

Attached is a letter from our president on a number of topics.
Click here to view the letter.

 

2021 Florida Legislative Table of Section Changes to Florida Statutes 718, 719, 720 & 723

Submitted by Chick Shackewyc EPROC Treasurer

August 31, 2021

There is a great number of subparagraph changes to subsections listed above. I highly recommend that all EPROC members reread their respective Statutes thoroughly.

I have already heard there will more changes next year due to the condo collapse in South Florida. They will deal with RESERVE FUNDING and impact FS718, 719 & 720. The highest item that will be up for discussion is the ability of Association members to NOT FUND RESERVES. That will be no longer be an option if the 2022 legislation gets its way.   Click here to view the Table of Section Changes.

 

2021 Florida Legislative Changes

Submitted by Chick Shackewyc EPROC Treasurer

July 14, 2021

 

HB649 Approved by the Governor impact Florida Statute 718.   Here are the approved Legislative changes to FS718

 

Submitted by Chick Shackewyc EPROC Treasurer

June 26, 2021

 

The governor has signed into law the following bills that effects:
Florida Statutes 718 – 719 – 720 - 723
There are many many many changes to FS718
There is still one bill, House Bill 649, that is outstanding which has not been sign to date.
Here are links to the Senate Bills:

 

line blue

 

Board Certification Training

Submitted by Chick Shackewyc, EPROC Treasurer

December 19, 2020

Board Members can certify in writing to the secretary of their association without having to attend a certification course.
The criteria is found in the following references

FS 718 – 718.112(2)(d)4.b states:
Within 90 days after being elected or appointed to the board of an association of a residential condominium, each newly elected or
appointed director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of
condominium, articles of incorporation, bylaws, and current written 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.
In lieu of this written certification, within 90 days after being elected or appointed to the board, the newly elected or appointed director
may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved
condominium education provider within 1 year before or 90 days after the date of election or appointment. The written certification or
educational certificate is valid and does not have to be resubmitted as long as the director serves on the board without interruption. A director of an association of a residential condominium who fails to timely file the written certification or educational certificate is suspended from service on the board until he or she complies with this sub-subparagraph. The board may temporarily fill the vacancy during the period of suspension. The secretary shall cause the association to retain a director’s written certification or educational certificate for inspection by the members for 5 years after a director’s election or the duration of the director’s uninterrupted tenure, whichever is longer. Failure to have such written certification or educational certificate on file does not affect the validity of any board action.
 
FS 719 – 719.106(1)(d)1.b states
Within 90 days after being elected or appointed to the board, each new director shall certify in writing to the secretary of the association that he or she has read the association’s bylaws, articles of incorporation, proprietary lease, and current written 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 this written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by an education provider as approved by the division pursuant to the requirements established in chapter 718 within 1 year before or 90 days after the date of election or appointment. The educational certificate is valid and does not have to be resubmitted as long as the director serves on the board without interruption. A director who fails to timely file the written certification or educational certificate is suspended from service on the board until he or she complies with this sub-subparagraph. The board may temporarily fill the vacancy during the period of suspension. The secretary of the association shall cause the association to retain a director’s written certification or educational certificate for inspection by the members for 5 years after a director’s election or the duration of the director’s uninterrupted tenure, whichever is longer. Failure to have such written certification or educational certificate on file does not affect the validity of any board action.
 
FS 720 – 720.3033(1)(a) states
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.

 

line blue

Florida Commission On Human Relations 2020 Change

Submitted by Chick Shackewyc, EPROC Treasurer

December 11, 2020

 

The Grand Horizons’ CAM found this posted on FCHR website:
Effective July 1, 2020:

  • 55-plus retirement communities are no longer required to register with the commission (FCHR). While the communities no longer need to register, the Commission will continue to investigate allegations of discrimination there.  Click here for the link.

  • However, we must still file an Annual Report with the Department of State. Annual reports are due every year between January 1 and May 1.  Click here for the link.

  • All business entities must submit an annual report on time to avoid late fees ($400.00).

 

line blue

2021 Florida Legislative Session Dates

Submitted by Chick Shackewyc, EPROC Treasurer

December 9, 2020

 

Attached are the current dates for the Florida Legislature to make change to the laws
Click here

From the Florida Legislature to the Governor for signing IAW Article III, Section 8 of the Florida Constitution
Click here

 

line blue

2020 Florida Legislative Updates

Compiled and Submitted by Chick Shackewyc, EPROC Treasurer

October 16, 2020

 

2020 Florida Legislative Changes to FS718, 719, 720
Florida Legislative Session Chapter 2020-5
Committee Substitute for Senate Bill No. 476

An act relating to law enforcement vehicles creating ss.
  • 718.129
  • 719.131
  • 720.318

Click here to link to the pdf file


FY2020 Florida Legislative changes to FS723

 Lots and lots of changes to the statute

  • amending s. 723.011
  • amending s. 723.012
  • amending s. 723.023
  • amending s. 723.031
  • amending s. 723.037
  • amending s. 723.041
  • amending s. 723.042
  • amending s. 723.059
  • amending s. 723.061
  • amending s. 723.076
  • amending s. 723.078
  • amending s. 723.079
  • amending s. 723.1255

 

Click here to link to the pdf file

If you have trouble opening these pdf forms, try opening them in Chrome (not Firefox)


line blue


Self Certification Forms

Submitted by Linda LaFayette

March 19, 2020

As EPROC was unable to host the Board Certification Training this year, we wanted to make available to you all a form you can sign stating that you have read and understood all your communities governing documents.


It should be filed with the Corporation's Secretary and will satisfy the requirement to certify within 90 days of your election to the Board.

Self Certification From - 718

Self Certification From - 719

Self Certification From - 720

If you have trouble opening these pdf forms, try opening them in Chrome (not Firefox)

line blue

 

Living Up to Your Fiduciary Duty as an HOA Board Member

Submitted by Chick Shackewyc

November 24, 2017
Click Here