It’s pretty common for those of us in the community association industry to refer to board member training as “Board Member Training 101” or “Board Boot Camp,” but at least one state is taking this almost literally, requiring certification from board members that they have completed training.

Effective July 1, 2013, Florida law provides that within 90 days after being elected or appointed to the board, each director shall submit a certificate of completion of educational curriculum provided by a state-approved education provider. The approved list of providers appears to include law firms specializing in community association law. In lieu of providing this proof of training, a board member can certify in writing to the secretary of the Association that the board member:

1) Has read all of the association’s governing documents (including the declaration or covenants, articles of incorporation, bylaws, rules and policies;

2) Will work to uphold the governing documents to the best of his or her ability; and

3) Will faithfully discharge his or her duty of loyalty to the association.

Because it has so many community associations, Florida tends to be on the forefront of community association issues, so this could be a trend. But if it discourages owners from volunteering for board service, the intent of the law could backfire.

While a statutory requirement seems a little extreme for our Northwest associations, there is no doubt that this law reflects good practice. Communities can consider requiring some sort of oath similar to the one above or some small training certification as part of a board member’s duties to ensure that the board member understands, at a minimum, its primary duties towards the community he or she represents. At the very least, board members should be encouraged to inform themselves of their duties of loyalty and care to the communities they represent and should have a working knowledge of their governing documents.

The Washington and Oregon chapters of the Community Association Institute (“CAI”) provide excellent resources and offer numerous opportunities for board members to get up to speed on the issues facing community associations in the Northwest. Check out www.wscai.org and www.caioregon.org for more details on educational opportunities for owners and board members.