Guest Blogger Pennie Mays, Esq. (Glazer and Associates, P.A.)
July 22, 2013
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.
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?
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]).
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?
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.
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
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”.
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.