Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a licensed Florida attorney for advice specific to your association.
Volunteer boards run Florida's homeowners' associations. Serving is one of the most direct ways to protect your investment and your community — but it comes with real legal duties. Here's what to know before you run.
Who can serve
Eligibility is set by your governing documents and Chapter 720, but generally:
- You must be a member (owner) of the association, unless the bylaws allow otherwise.
- Some associations require you be current on assessments to run or serve.
- A person convicted of certain felonies may be barred from serving unless their civil rights have been restored.
How elections work
- The association must give proper notice of the election and the deadline to declare candidacy.
- Elections are typically decided by written ballot or proxy, depending on your documents.
- Meeting and notice procedures must be followed exactly — a defective notice can invalidate an election.
The 2024 reforms tightened rules around ballots and added criminal penalties for ballot tampering, so run a clean, well-documented election.
The education requirement
Under the 2024 Homeowners' Association Bill of Rights, newly elected or appointed directors must complete a state-approved educational course within 90 days of taking office, and maintain a written certification (or complete continuing education on a set schedule). This ensures directors understand records, budgets, meetings, and their legal obligations.
Your fiduciary duties
As a director you owe the association and its members a fiduciary duty — the highest standard of good faith. In practice that means:
- Duty of care. Make informed decisions; read the budget, contracts, and reserve studies.
- Duty of loyalty. Put the association's interests ahead of your own. Disclose and recuse yourself from any conflict of interest (a contract with your own company, for instance).
- Follow the documents and the law. Enforce the governing documents consistently — selective enforcement is a common source of lawsuits.
- Protect reserves. Budget responsibly and fund reserves as required.
Common mistakes that create liability
- Skipping the notice-and-hearing process before levying fines (Florida Statute 720.305).
- Selective or inconsistent rule enforcement.
- Meeting or deciding association business outside noticed meetings.
- Ignoring records requests (see our records guide).
- Signing vendor contracts without competitive bids where required.
- Failing to carry adequate insurance, including directors-and-officers (D&O) coverage.
Serving well is mostly about process: notice things properly, document decisions, treat every owner the same, and lean on your association attorney and manager when in doubt.
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