Congratulations and Welcome to the Board of Directors for your community!

As a new Director, it is important you begin to understand your responsibility and duties as a Board member without regard to any officer position (President, Vice President, Treasurer or Secretary) you may have been appointed to.  As a new or re-elected Director, it is important that you understand that Florida now requires each Director qualify for the Board by taking a required education class and/or filing a Affidavit of Service.  This is important – you have 90 days to comply – otherwise, you after 90 days you must be disqualified for service.

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.

Enroll in the Florida Board Member Certification Course

It will be important that you now take a moment and go to your community website (this can be found from the main page of myHomeSpot.com), then go to the Official Records page as you will need to review the following:

– Articles of Incorporation (the creation and purpose of your corporation)
– Plat (all the areas that are in your community)
– ByLaws (explains the operation of your corporation and duties of the Board to members)
– CCRs (the requirements that pertain to owning property in the community)
– Rules and Regulations
– Architectural Guidelines
– Policies and Procedures
– Florida Statute 720 or 718

Remember that you have a fiduciary duty as a Director is to uphold and enforce these documents until the term of expiration or unless the member’s properly cast sufficient written legal documents that amend these documents.  Once you have reviewed all these documents – you may then complete the required affidavit below.

Sign the Affidavit of Service

So now let’s talk about what our firm does and what is expected of your Board.  It takes a lot of work to keep your corporation compliant with the laws and operating your community with the goal of protecting the homeowner’s quiet enjoyment and protecting their investment.  Most corporations have full-time employees and a building with office equipment and supplies as your community will require a registered agent to accept legal service, a custodian of official records, an accountant, a customer support person for member services, a maintenance team to handle repairs and services, a manager to handle the day to day affairs and an executive officer to lead these team members.  As you can see – it can be very expensive to operate and manage your own community.  For this reason, many communities will hire a management company so they can purchase the limited services necessary to operate their community.

As your management company, we are not employees – rather we are a vendor under contract.  We do not make decisions for your community – rather we carry out the decisions made by your Board of Directors.  As a Board member you are the legally responsible party and could be sued for any mishaps – so you want to make sure you community provides you with Directors/Officers insurance coverage – so if you get sued now or in the future – you will have an attorney to represent you as the Association’s cost.  However, do understand that insurance will often not cover wrongful acts – this is another reason why your community has hired a management company to help you stay compliant.  Our point of contact for your Board is the Association President – all Directors should direct their communication to the President and we accept our direction and report to the President.  Take a moment to review this website to learn more about the duties of each officer (President, Vice President, Treasurer and Secretary).

Here is some Required Reading

In the upcoming months you will need to have a meeting.  Florida law does require that all meetings are properly noticed by postal mailing to all members or by a sign posted no less than 48hrs in a conspicuous manner at the entrance.  All members have the right to attend the meeting.  No spending decision or decision that would effect a member should be made outside of a duly called meeting.  These decisions should appear on the agenda for consideration and then voted upon.  Please make sure that any decision to be made appears on the agenda – simply send your agenda request to our management team.  Remember, that if a quorum of the Board gathers (in person or by phone) without proper notice – this is a violation of Florida law.  The President may call a meeting anytime by contacting our office.

Next, you will want to learn how to use our HOA Board Portal.  This portal will provide you real-time access to all financial reports such as check registers, balance sheet, accounts receivables, budget comparisons and more.  You will also have access to all the official records such as meeting minutes, contracts, historical financials, communications and other records.

HOA Board Portal User Guide

We need to update your Banking records!   All bank accounts are in the name of your Association and belong to your corporation.  Payments from the account will require no less than (2) signatures/approvals prior to issuance.  Please complete the signature card below for our records.

Sign the Banking Signature Card

Communicating is easier using our group email.  We recognize that Directors are volunteers and neighbors in the community – to make things easier we have created a community website and email group for you that is easy to remember.  The email for the Board will be [CommunityName]@myHomeSpot.com, for the Architectural Control Board it will be [CommunityName-ACB]@myHomeSpot.com and your website will be http://[CommunityName].myHomeSpot.com.  This information is available on the home page of myHomeSpot.com.  Please use these group emails so that no matter who serves in your community – communicating with each other is easy.

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