61B-23.001. Board of Administration and Committees; Fiduciary Duty  


Effective on Wednesday, April 14, 1999
  • 1(1)(a) “Meeting of the board of administration” means any gathering of the members of the board of directors, at which a quorum of the members is present, for the purpose of conducting association business.

    35(b) “Committee meeting” means any gathering of a group of board members, unit owners, or board members and unit owners appointed by the board or a member of the board to make recommendations to the board regarding the association budget or take action on behalf of the board at which a quorum of the members of that committee is present. For example, a meeting of an executive committee, as defined in Section 107617.0825, 108Florida Statutes, or as that section may subsequently be renumbered, would be included in this definition as would a meeting of a group charged with developing a proposed budget.

    137(2) Unit owners have the right to attend and observe all meetings of the board of administration and its committees.

    157(3) Where the declaration, articles of incorporation, or bylaws preclude non-unit owners from serving on the association’s board of administration, one acting under a power of attorney from a unit owner is similarly precluded from serving on the board unless he or she is a unit owner.

    204(4) In furtherance of its fiduciary duty to the unit owners, a board of administration shall employ only a licensed community association manager where licensure is required by Section 233468.431, 234Florida Statutes.

    236Specific Authority 238718.501(1)(f) FS. 240Law Implemented 242718.111(1), 243718.112(2)(c),244(k) FS. History–New 7-22-80, Amended 7-6-81, 8-31-83, 12-4-83, 10-1-85, Formerly 7D-23.01, Amended 1-27-87, 9-7-88, 7-17-91, 12-20-92, Formerly 7D-23.001, Amended 2-22-94, 4-14-99.

     

Rulemaking Events: