Officers and directors

Common Elements summary — Section 723.0791 imposes fiduciary duties on the officers and directors of a Florida mobile-home-park homeowners' association and grants them immunity from civil liability for any act or omission performed in their official capacity, provided the act or omission was not in bad faith, was not malicious, and was not in reckless disregard for the rights of others. This is the 723-specific parallel to 617.0834 and 720.303(1). For park association boards the protection is comparable to other community-association immunity statutes: volunteer directors acting in good faith are not personally liable. Compensated directors lose the volunteer-immunity layer (treat any honorarium carefully). The section also confirms that officers and directors are subject to the records-inspection and conflict-of-interest rules in 617 — the volunteer immunity does not relieve a director from the obligation to disclose a personal financial interest in a board-approved contract. Boards should document the disclosure and recusal in writing.

Not legal advice. Click through to the official source for statutory text.