By Pennie Mays, Esq. (Glazer and Associates, P.A.)
At some point in time, especially those of us who are members of any type of association, dream of being in charge, running it the way we see fit, and making the decisions that we don’t believe are being properly handled.
As a result of what one sees or does not see happening around the community, one is motivated to become member of the Board of Directors. Are you up for the challenge?
Becoming a candidate for the Board of Directors and getting elected to the position is just the beginning. I suggest that before you put out campaign signs review the governing documents for your community (Declaration of Condominium or Covenants, Conditions and Restrictions, as applicable; Bylaws; Articles of Incorporation; Rules and Regulations; and of course the applicable Florida Statutes [which have been addressed throughout this blog series]).
I know…I know…you are not in school anymore and this is just too much…boring reading to put it mildly. However, you must remember the governing documents keep your association operating for the benefit of all members…. equally. As a member of the Board you are running a business together with the other members of the Board of Directors. Would you run a fortune 500 company, let alone an ice cream shop without knowing how it operates?
The restrictions on being a Member of the Board of Directors may seem daunting. The many steps one has to follow to notice meetings, ensure collection of assessments, maintain common property can be exhausting. However, reading, reviewing and referring to the governing documents and the Florida Statutes are critical to successful administration of the association.
It is important to note that ALL directors, officers and agents of the association must discharge his or her duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and in a manner he or she reasonably believes to be in the interests of the association. Doing so, ensures that a member of the Board of Directors is faithful in the execution of (the all too much thrown around phrase) his/her “fiduciary duty”.
This is in no way meant to deter owners from wanting to take part in administration of their association. I want you to be well educated for the non-compensated endeavor you are about to undertake. I have found that the majority of directors I work with find their job rewarding.