July 9, 2015 6:14am
Both statutes also provide that once the director has complied with the certification requirement, the certification remains valid for the director’s uninterrupted tenure on the board. Accordingly, a director who has satisfied the certification requirement and who is reelected to successive terms is not required to “recertify.”
As I understand your question, however, this deals with a director who was elected to the board prior to the requirement that board members be certified and who has now been “re-elected.” In my opinion, the statute requires that such a director comply with the certification requirement, as he or she is now a newly elected board member. Once the director complies with the certification requirement, he or she would not have to obtain additional certification as long as he or she continuously serves on the board.
Congratulations to Lindsay Raphael, a Director at Tripp Scott Pa, for being named “Up and Comer” by South Florida Business and Wealth!
Question: I read one of your recent blogs on the levy of fines by associations. Do the same “due process” requirements apply to collecting attorney’s fees from a unit owner? J.M. (via e-mail)
Answer: No. The Florida statutes applicable to condominiums, cooperatives, and homeowners’ associations state that an association cannot levy and collect a fine unless notice is first given that a fine is sought to be imposed and an opportunity for hearing is provided before a committee of non-board members upon no less than fourteen days’ notice. The “fining committee” basically has the right to “veto” a board decision to levy a fine.
Attorney’s fees are generally not collectible from an owner unless awarded by a court. One exception involves the collection of unpaid assessments. Under the applicable statutes and most governing documents, pre-litigation attorney’s fees incurred in collecting delinquent assessments are added to the amounts due. Further, under the “application of payments” provisions of the statutes, payments made on delinquent accounts are applied to attorney’s fees before the principal amount due.
There is no legal right to a hearing to determine whether or not the attorney’s fees are owed, the obligation is imposed by statute. If the fees are unreasonable, or if the account was not in fact delinquent, you would have the right to withhold payment, but would have to contest the propriety of the fees in court, with substantial exposure (including lien foreclosure and more attorney’s fees) if you lost your argument.