Florida statute reference · F.S. § 720.3033
§ 720.3033: Officers & Directors Duties
Section 720.3033 is the key governance accountability provision of the Florida HOA Act. It establishes who is qualified to serve on the board, what directors must certify or learn within 90 days of election, how conflicts of interest must be handled, and when personal liability attaches for board decisions. Every new HOA board member in Florida should read § 720.3033 before their first meeting.
Reviewed by the Common Elements editorial team, which includes a Florida-licensed community association manager (LCAM) and insurance broker, Florida Licensed Community Association Manager, 2-20 & 6-20.
Key requirements for HOA directors
Newly elected or appointed director education
§ 720.3033(1)(a)- Submit a certificate of completing a department-approved curriculum within 90 days of election or appointment
- Certificate is valid for up to 4 years
- The education must be repeated at least every 4 years
- No minimum hour count is set by statute for this initial curriculum
Required curriculum topics
§ 720.3033(1)(a)4.- Financial literacy and transparency
- Recordkeeping
- Levying of fines
- Notice and meeting requirements
Annual continuing education
§ 720.3033(1)(a)5.- Fewer than 2,500 parcels: at least 4 hours annually
- 2,500 parcels or more: at least 8 hours annually
- This is in addition to the newly-elected-director curriculum
Failure to file, and retention
§ 720.3033(1)(b)-(c)- A director who does not timely file the certificate is suspended until compliant
- The board may temporarily fill the vacancy during the suspension
- Missing certification does not invalidate board action already taken
- The association retains each certificate for member inspection for 5 years after election
Personal liability protection (business judgment rule)
§ 720.3033(2)- Directors not personally liable for association debts or obligations
- Business judgment rule applies: no liability for good-faith, informed decisions
- Personal liability attaches for gross negligence, fraud, criminal conduct
- Also attaches for intentional misconduct or knowing violation of law
- D&O insurance recommended as additional protection
Common questions about § 720.3033
- What education must a new Florida HOA director complete under § 720.3033?
- Section 720.3033(1)(a) requires each director, within 90 days after being elected or appointed, to submit a certificate of having satisfactorily completed the educational curriculum administered by a department-approved education provider. The certificate is valid for up to 4 years, and a director must complete the newly-elected-director education at least every 4 years. The statute does not set a minimum number of hours for that initial curriculum.
- What topics must the newly-elected-director curriculum cover?
- Section 720.3033(1)(a)4. requires the department-approved curriculum for newly elected or appointed directors to include training relating to financial literacy and transparency, recordkeeping, levying of fines, and notice and meeting requirements. Those four topics are the statutory minimum for the initial course. Note that the condominium equivalent under chapter 718 lists seven topics and sets a 4-hour minimum, so a condominium course and an HOA course are not interchangeable.
- How many hours of continuing education does a Florida HOA director need each year?
- Under § 720.3033(1)(a)5., and in addition to the newly-elected-director curriculum, a director of an association with fewer than 2,500 parcels must complete at least 4 hours of continuing education annually, and a director of an association with 2,500 parcels or more must complete at least 8 hours annually. The threshold is measured in parcels, not units or members.
- What happens if an HOA director does not file the educational certificate in time?
- Section 720.3033(1)(b) provides that a director who does not timely file the educational certificate is suspended from the board until he or she complies. The board may temporarily fill the vacancy during the period of suspension. Under § 720.3033(1)(c) the failure to have the certificate on file does not affect the validity of any board action already taken.
- How long must the association keep a director's educational certificate?
- Section 720.3033(1)(c) requires the association to retain each director's educational certificate for inspection by the members for 5 years after that director's election. This differs from the condominium rule in chapter 718, so an association operating both regimes should not apply one retention period to the other.
- What must the board do when it contracts with a director or a company a director is involved in?
- Section 720.3033(2) sets out the procedure where the association enters a contract or other transaction with one of its directors, or with an entity in which a director is also a director or officer or is financially interested. The board must comply with the requirements of § 617.0832, enter the disclosures that section requires into the written minutes, approve the contract or transaction by an affirmative vote of two-thirds of the directors present, and disclose the existence of the contract or transaction to the members at the next regular or special members' meeting, where it may be brought to a vote on the motion of any member.
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