Bill Text: FL S0394 | 2022 | Regular Session | Introduced


Bill Title: Residential Associations

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-03-14 - Died in Community Affairs [S0394 Detail]

Download: Florida-2022-S0394-Introduced.html
       Florida Senate - 2022                                     SB 394
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-00552-22                                            2022394__
    1                        A bill to be entitled                      
    2         An act relating to residential associations; amending
    3         ss. 718.112, 719.106, and 720.3033, F.S.; revising
    4         certification and education requirements for board
    5         directors of residential condominium associations,
    6         cooperative associations, and homeowners’
    7         associations, respectively; conforming provisions to
    8         changes made by the act; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (d) of subsection (2) of section
   13  718.112, Florida Statutes, is amended to read:
   14         718.112 Bylaws.—
   15         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
   16  following and, if they do not do so, shall be deemed to include
   17  the following:
   18         (d) Unit owner meetings.—
   19         1. An annual meeting of the unit owners must be held at the
   20  location provided in the association bylaws and, if the bylaws
   21  are silent as to the location, the meeting must be held within
   22  45 miles of the condominium property. However, such distance
   23  requirement does not apply to an association governing a
   24  timeshare condominium.
   25         2. Unless the bylaws provide otherwise, a vacancy on the
   26  board caused by the expiration of a director’s term must be
   27  filled by electing a new board member, and the election must be
   28  by secret ballot. An election is not required if the number of
   29  vacancies equals or exceeds the number of candidates. For
   30  purposes of this paragraph, the term “candidate” means an
   31  eligible person who has timely submitted the written notice, as
   32  described in sub-subparagraph 4.a., of his or her intention to
   33  become a candidate. Except in a timeshare or nonresidential
   34  condominium, or if the staggered term of a board member does not
   35  expire until a later annual meeting, or if all members’ terms
   36  would otherwise expire but there are no candidates, the terms of
   37  all board members expire at the annual meeting, and such members
   38  may stand for reelection unless prohibited by the bylaws. Board
   39  members may serve terms longer than 1 year if permitted by the
   40  bylaws or articles of incorporation. A board member may not
   41  serve more than 8 consecutive years unless approved by an
   42  affirmative vote of unit owners representing two-thirds of all
   43  votes cast in the election or unless there are not enough
   44  eligible candidates to fill the vacancies on the board at the
   45  time of the vacancy. Only board service that occurs on or after
   46  July 1, 2018, may be used when calculating a board member’s term
   47  limit. If the number of board members whose terms expire at the
   48  annual meeting equals or exceeds the number of candidates, the
   49  candidates become members of the board effective upon the
   50  adjournment of the annual meeting. Unless the bylaws provide
   51  otherwise, any remaining vacancies shall be filled by the
   52  affirmative vote of the majority of the directors making up the
   53  newly constituted board even if the directors constitute less
   54  than a quorum or there is only one director. In a residential
   55  condominium association of more than 10 units or in a
   56  residential condominium association that does not include
   57  timeshare units or timeshare interests, co-owners of a unit may
   58  not serve as members of the board of directors at the same time
   59  unless they own more than one unit or unless there are not
   60  enough eligible candidates to fill the vacancies on the board at
   61  the time of the vacancy. A unit owner in a residential
   62  condominium desiring to be a candidate for board membership must
   63  comply with sub-subparagraph 4.a. and must be eligible to be a
   64  candidate to serve on the board of directors at the time of the
   65  deadline for submitting a notice of intent to run in order to
   66  have his or her name listed as a proper candidate on the ballot
   67  or to serve on the board. A person who has been suspended or
   68  removed by the division under this chapter, or who is delinquent
   69  in the payment of any assessment due to the association, is not
   70  eligible to be a candidate for board membership and may not be
   71  listed on the ballot. For purposes of this paragraph, a person
   72  is delinquent if a payment is not made by the due date as
   73  specifically identified in the declaration of condominium,
   74  bylaws, or articles of incorporation. If a due date is not
   75  specifically identified in the declaration of condominium,
   76  bylaws, or articles of incorporation, the due date is the first
   77  day of the assessment period. A person who has been convicted of
   78  any felony in this state or in a United States District or
   79  Territorial Court, or who has been convicted of any offense in
   80  another jurisdiction which would be considered a felony if
   81  committed in this state, is not eligible for board membership
   82  unless such felon’s civil rights have been restored for at least
   83  5 years as of the date such person seeks election to the board.
   84  The validity of an action by the board is not affected if it is
   85  later determined that a board member is ineligible for board
   86  membership due to having been convicted of a felony. This
   87  subparagraph does not limit the term of a member of the board of
   88  a nonresidential or timeshare condominium.
   89         3. The bylaws must provide the method of calling meetings
   90  of unit owners, including annual meetings. Written notice of an
   91  annual meeting must include an agenda; be mailed, hand
   92  delivered, or electronically transmitted to each unit owner at
   93  least 14 days before the annual meeting; and be posted in a
   94  conspicuous place on the condominium property or association
   95  property at least 14 continuous days before the annual meeting.
   96  Written notice of a meeting other than an annual meeting must
   97  include an agenda; be mailed, hand delivered, or electronically
   98  transmitted to each unit owner; and be posted in a conspicuous
   99  place on the condominium property or association property within
  100  the timeframe specified in the bylaws. If the bylaws do not
  101  specify a timeframe for written notice of a meeting other than
  102  an annual meeting, notice must be provided at least 14
  103  continuous days before the meeting. Upon notice to the unit
  104  owners, the board shall, by duly adopted rule, designate a
  105  specific location on the condominium property or association
  106  property where all notices of unit owner meetings must be
  107  posted. This requirement does not apply if there is no
  108  condominium property for posting notices. In lieu of, or in
  109  addition to, the physical posting of meeting notices, the
  110  association may, by reasonable rule, adopt a procedure for
  111  conspicuously posting and repeatedly broadcasting the notice and
  112  the agenda on a closed-circuit cable television system serving
  113  the condominium association. However, if broadcast notice is
  114  used in lieu of a notice posted physically on the condominium
  115  property, the notice and agenda must be broadcast at least four
  116  times every broadcast hour of each day that a posted notice is
  117  otherwise required under this section. If broadcast notice is
  118  provided, the notice and agenda must be broadcast in a manner
  119  and for a sufficient continuous length of time so as to allow an
  120  average reader to observe the notice and read and comprehend the
  121  entire content of the notice and the agenda. In addition to any
  122  of the authorized means of providing notice of a meeting of the
  123  board, the association may, by rule, adopt a procedure for
  124  conspicuously posting the meeting notice and the agenda on a
  125  website serving the condominium association for at least the
  126  minimum period of time for which a notice of a meeting is also
  127  required to be physically posted on the condominium property.
  128  Any rule adopted shall, in addition to other matters, include a
  129  requirement that the association send an electronic notice in
  130  the same manner as a notice for a meeting of the members, which
  131  must include a hyperlink to the website where the notice is
  132  posted, to unit owners whose e-mail addresses are included in
  133  the association’s official records. Unless a unit owner waives
  134  in writing the right to receive notice of the annual meeting,
  135  such notice must be hand delivered, mailed, or electronically
  136  transmitted to each unit owner. Notice for meetings and notice
  137  for all other purposes must be mailed to each unit owner at the
  138  address last furnished to the association by the unit owner, or
  139  hand delivered to each unit owner. However, if a unit is owned
  140  by more than one person, the association must provide notice to
  141  the address that the developer identifies for that purpose and
  142  thereafter as one or more of the owners of the unit advise the
  143  association in writing, or if no address is given or the owners
  144  of the unit do not agree, to the address provided on the deed of
  145  record. An officer of the association, or the manager or other
  146  person providing notice of the association meeting, must provide
  147  an affidavit or United States Postal Service certificate of
  148  mailing, to be included in the official records of the
  149  association affirming that the notice was mailed or hand
  150  delivered in accordance with this provision.
  151         4. The members of the board of a residential condominium
  152  shall be elected by written ballot or voting machine. Proxies
  153  may not be used in electing the board in general elections or
  154  elections to fill vacancies caused by recall, resignation, or
  155  otherwise, unless otherwise provided in this chapter. This
  156  subparagraph does not apply to an association governing a
  157  timeshare condominium.
  158         a. At least 60 days before a scheduled election, the
  159  association shall mail, deliver, or electronically transmit, by
  160  separate association mailing or included in another association
  161  mailing, delivery, or transmission, including regularly
  162  published newsletters, to each unit owner entitled to a vote, a
  163  first notice of the date of the election. A unit owner or other
  164  eligible person desiring to be a candidate for the board must
  165  give written notice of his or her intent to be a candidate to
  166  the association at least 40 days before a scheduled election.
  167  Together with the written notice and agenda as set forth in
  168  subparagraph 3., the association shall mail, deliver, or
  169  electronically transmit a second notice of the election to all
  170  unit owners entitled to vote, together with a ballot that lists
  171  all candidates not less than 14 days or more than 34 days before
  172  the date of the election. Upon request of a candidate, an
  173  information sheet, no larger than 8 1/2 inches by 11 inches,
  174  which must be furnished by the candidate at least 35 days before
  175  the election, must be included with the mailing, delivery, or
  176  transmission of the ballot, with the costs of mailing, delivery,
  177  or electronic transmission and copying to be borne by the
  178  association. The association is not liable for the contents of
  179  the information sheets prepared by the candidates. In order to
  180  reduce costs, the association may print or duplicate the
  181  information sheets on both sides of the paper. The division
  182  shall by rule establish voting procedures consistent with this
  183  sub-subparagraph, including rules establishing procedures for
  184  giving notice by electronic transmission and rules providing for
  185  the secrecy of ballots. Elections shall be decided by a
  186  plurality of ballots cast. There is no quorum requirement;
  187  however, at least 20 percent of the eligible voters must cast a
  188  ballot in order to have a valid election. A unit owner may not
  189  authorize any other person to vote his or her ballot, and any
  190  ballots improperly cast are invalid. A unit owner who violates
  191  this provision may be fined by the association in accordance
  192  with s. 718.303. A unit owner who needs assistance in casting
  193  the ballot for the reasons stated in s. 101.051 may obtain such
  194  assistance. The regular election must occur on the date of the
  195  annual meeting. Notwithstanding this sub-subparagraph, an
  196  election is not required unless more candidates file notices of
  197  intent to run or are nominated than board vacancies exist.
  198         b. Within 90 days after being elected or appointed to the
  199  board of an association of a residential condominium, each newly
  200  elected or appointed director shall do both of the following:
  201         (I) Certify by affidavit in writing to the secretary of the
  202  association that he or she has read the association’s
  203  declaration of condominium, articles of incorporation, bylaws,
  204  and current written policies; that he or she will work to uphold
  205  such documents and policies to the best of his or her ability;
  206  and that he or she will faithfully discharge his or her
  207  fiduciary responsibility to the association’s members. In lieu
  208  of this written certification, within 90 days after being
  209  elected or appointed to the board, the newly elected or
  210  appointed director may
  211         (II) Submit a certificate of having satisfactorily
  212  completed the educational curriculum administered by a division
  213  approved condominium education provider within 1 year before or
  214  90 days after the date of election or appointment. The affidavit
  215  and written certification or educational certificate is valid
  216  and does not have to be resubmitted as long as the director
  217  serves on the board without interruption.
  218  
  219  A director of an association of a residential condominium who
  220  fails to timely file the affidavit and written certification or
  221  educational certificate is suspended from service on the board
  222  until he or she complies with this sub-subparagraph. The board
  223  may temporarily fill the vacancy during the period of
  224  suspension. The secretary shall require cause the association to
  225  retain a director’s affidavit and written certification or
  226  educational certificate for inspection by the members for 5
  227  years after a director’s election or the duration of the
  228  director’s uninterrupted tenure, whichever is longer. Failure to
  229  have such affidavit and written certification or educational
  230  certificate on file does not affect the validity of any board
  231  action.
  232         c. Any challenge to the election process must be commenced
  233  within 60 days after the election results are announced.
  234         5. Any approval by unit owners called for by this chapter
  235  or the applicable declaration or bylaws, including, but not
  236  limited to, the approval requirement in s. 718.111(8), must be
  237  made at a duly noticed meeting of unit owners and is subject to
  238  all requirements of this chapter or the applicable condominium
  239  documents relating to unit owner decisionmaking, except that
  240  unit owners may take action by written agreement, without
  241  meetings, on matters for which action by written agreement
  242  without meetings is expressly allowed by the applicable bylaws
  243  or declaration or any law that provides for such action.
  244         6. Unit owners may waive notice of specific meetings if
  245  allowed by the applicable bylaws or declaration or any law.
  246  Notice of meetings of the board of administration, unit owner
  247  meetings, except unit owner meetings called to recall board
  248  members under paragraph (j), and committee meetings may be given
  249  by electronic transmission to unit owners who consent to receive
  250  notice by electronic transmission. A unit owner who consents to
  251  receiving notices by electronic transmission is solely
  252  responsible for removing or bypassing filters that block receipt
  253  of mass e-mails sent to members on behalf of the association in
  254  the course of giving electronic notices.
  255         7. Unit owners have the right to participate in meetings of
  256  unit owners with reference to all designated agenda items.
  257  However, the association may adopt reasonable rules governing
  258  the frequency, duration, and manner of unit owner participation.
  259         8. A unit owner may tape record or videotape a meeting of
  260  the unit owners subject to reasonable rules adopted by the
  261  division.
  262         9. Unless otherwise provided in the bylaws, any vacancy
  263  occurring on the board before the expiration of a term may be
  264  filled by the affirmative vote of the majority of the remaining
  265  directors, even if the remaining directors constitute less than
  266  a quorum, or by the sole remaining director. In the alternative,
  267  a board may hold an election to fill the vacancy, in which case
  268  the election procedures must conform to sub-subparagraph 4.a.
  269  unless the association governs 10 units or fewer and has opted
  270  out of the statutory election process, in which case the bylaws
  271  of the association control. Unless otherwise provided in the
  272  bylaws, a board member appointed or elected under this section
  273  shall fill the vacancy for the unexpired term of the seat being
  274  filled. Filling vacancies created by recall is governed by
  275  paragraph (j) and rules adopted by the division.
  276         10. This chapter does not limit the use of general or
  277  limited proxies, require the use of general or limited proxies,
  278  or require the use of a written ballot or voting machine for any
  279  agenda item or election at any meeting of a timeshare
  280  condominium association or nonresidential condominium
  281  association.
  282  
  283  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  284  association of 10 or fewer units may, by affirmative vote of a
  285  majority of the total voting interests, provide for different
  286  voting and election procedures in its bylaws, which may be by a
  287  proxy specifically delineating the different voting and election
  288  procedures. The different voting and election procedures may
  289  provide for elections to be conducted by limited or general
  290  proxy.
  291         Section 2. Paragraph (d) of subsection (1) of section
  292  719.106, Florida Statutes, is amended to read:
  293         719.106 Bylaws; cooperative ownership.—
  294         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
  295  documents shall provide for the following, and if they do not,
  296  they shall be deemed to include the following:
  297         (d) Shareholder meetings.—There shall be an annual meeting
  298  of the shareholders. All members of the board of administration
  299  shall be elected at the annual meeting unless the bylaws provide
  300  for staggered election terms or for their election at another
  301  meeting. Any unit owner desiring to be a candidate for board
  302  membership must comply with subparagraph 1. The bylaws must
  303  provide the method for calling meetings, including annual
  304  meetings. Written notice, which must incorporate an
  305  identification of agenda items, shall be given to each unit
  306  owner at least 14 days before the annual meeting and posted in a
  307  conspicuous place on the cooperative property at least 14
  308  continuous days preceding the annual meeting. Upon notice to the
  309  unit owners, the board must by duly adopted rule designate a
  310  specific location on the cooperative property upon which all
  311  notice of unit owner meetings are posted. In lieu of or in
  312  addition to the physical posting of the meeting notice, the
  313  association may, by reasonable rule, adopt a procedure for
  314  conspicuously posting and repeatedly broadcasting the notice and
  315  the agenda on a closed-circuit cable television system serving
  316  the cooperative association. However, if broadcast notice is
  317  used in lieu of a posted notice, the notice and agenda must be
  318  broadcast at least four times every broadcast hour of each day
  319  that a posted notice is otherwise required under this section.
  320  If broadcast notice is provided, the notice and agenda must be
  321  broadcast in a manner and for a sufficient continuous length of
  322  time to allow an average reader to observe the notice and read
  323  and comprehend the entire content of the notice and the agenda.
  324  In addition to any of the authorized means of providing notice
  325  of a meeting of the shareholders, the association may, by rule,
  326  adopt a procedure for conspicuously posting the meeting notice
  327  and the agenda on a website serving the cooperative association
  328  for at least the minimum period of time for which a notice of a
  329  meeting is also required to be physically posted on the
  330  cooperative property. Any rule adopted shall, in addition to
  331  other matters, include a requirement that the association send
  332  an electronic notice in the same manner as a notice for a
  333  meeting of the members, which must include a hyperlink to the
  334  website where the notice is posted, to unit owners whose e-mail
  335  addresses are included in the association’s official records.
  336  Unless a unit owner waives in writing the right to receive
  337  notice of the annual meeting, the notice of the annual meeting
  338  must be sent by mail, hand delivered, or electronically
  339  transmitted to each unit owner. An officer of the association
  340  must provide an affidavit or United States Postal Service
  341  certificate of mailing, to be included in the official records
  342  of the association, affirming that notices of the association
  343  meeting were mailed, hand delivered, or electronically
  344  transmitted, in accordance with this provision, to each unit
  345  owner at the address last furnished to the association.
  346         1. The board of administration shall be elected by written
  347  ballot or voting machine. A proxy may not be used in electing
  348  the board of administration in general elections or elections to
  349  fill vacancies caused by recall, resignation, or otherwise
  350  unless otherwise provided in this chapter.
  351         a. At least 60 days before a scheduled election, the
  352  association shall mail, deliver, or transmit, whether by
  353  separate association mailing, delivery, or electronic
  354  transmission or included in another association mailing,
  355  delivery, or electronic transmission, including regularly
  356  published newsletters, to each unit owner entitled to vote, a
  357  first notice of the date of the election. Any unit owner or
  358  other eligible person desiring to be a candidate for the board
  359  of administration must give written notice to the association at
  360  least 40 days before a scheduled election. Together with the
  361  written notice and agenda as set forth in this section, the
  362  association shall mail, deliver, or electronically transmit a
  363  second notice of election to all unit owners entitled to vote,
  364  together with a ballot that lists all candidates. Upon request
  365  of a candidate, the association shall include an information
  366  sheet, no larger than 8 1/2 inches by 11 inches, which must be
  367  furnished by the candidate at least 35 days before the election,
  368  to be included with the mailing, delivery, or electronic
  369  transmission of the ballot, with the costs of mailing, delivery,
  370  or transmission and copying to be borne by the association. The
  371  association is not liable for the contents of the information
  372  sheets provided by the candidates. In order to reduce costs, the
  373  association may print or duplicate the information sheets on
  374  both sides of the paper. The division shall by rule establish
  375  voting procedures consistent with this subparagraph, including
  376  rules establishing procedures for giving notice by electronic
  377  transmission and rules providing for the secrecy of ballots.
  378  Elections shall be decided by a plurality of those ballots cast.
  379  There is no quorum requirement. However, at least 20 percent of
  380  the eligible voters must cast a ballot in order to have a valid
  381  election. A unit owner may not permit any other person to vote
  382  his or her ballot, and any such ballots improperly cast are
  383  invalid. A unit owner who needs assistance in casting the ballot
  384  for the reasons stated in s. 101.051 may obtain assistance in
  385  casting the ballot. Any unit owner violating this provision may
  386  be fined by the association in accordance with s. 719.303. The
  387  regular election must occur on the date of the annual meeting.
  388  This subparagraph does not apply to timeshare cooperatives.
  389  Notwithstanding this subparagraph, an election and balloting are
  390  not required unless more candidates file a notice of intent to
  391  run or are nominated than vacancies exist on the board. Any
  392  challenge to the election process must be commenced within 60
  393  days after the election results are announced.
  394         b. Within 90 days after being elected or appointed to the
  395  board, each new director shall do both of the following:
  396         (I) Certify by affidavit in writing to the secretary of the
  397  association that he or she has read the association’s bylaws,
  398  articles of incorporation, proprietary lease, and current
  399  written policies; that he or she will work to uphold such
  400  documents and policies to the best of his or her ability; and
  401  that he or she will faithfully discharge his or her fiduciary
  402  responsibility to the association’s members. Within 90 days
  403  after being elected or appointed to the board, in lieu of this
  404  written certification, the newly elected or appointed director
  405  may
  406         (II) Submit a certificate of having satisfactorily
  407  completed the educational curriculum administered by an
  408  education provider as approved by the division pursuant to the
  409  requirements established in chapter 718 within 1 year before or
  410  90 days after the date of election or appointment. The
  411  educational certificate is valid and does not have to be
  412  resubmitted as long as the director serves on the board without
  413  interruption.
  414  
  415  A director who fails to timely file the affidavit and written
  416  certification or educational certificate is suspended from
  417  service on the board until he or she complies with this sub
  418  subparagraph. The board may temporarily fill the vacancy during
  419  the period of suspension. The secretary of the association shall
  420  require cause the association to retain a director’s affidavit
  421  and written certification or educational certificate for
  422  inspection by the members for 5 years after a director’s
  423  election or the duration of the director’s uninterrupted tenure,
  424  whichever is longer. Failure to have such affidavit and written
  425  certification or educational certificate on file does not affect
  426  the validity of any board action.
  427         2. Any approval by unit owners called for by this chapter,
  428  or the applicable cooperative documents, must be made at a duly
  429  noticed meeting of unit owners and is subject to this chapter or
  430  the applicable cooperative documents relating to unit owner
  431  decisionmaking, except that unit owners may take action by
  432  written agreement, without meetings, on matters for which action
  433  by written agreement without meetings is expressly allowed by
  434  the applicable cooperative documents or law which provides for
  435  the unit owner action.
  436         3. Unit owners may waive notice of specific meetings if
  437  allowed by the applicable cooperative documents or law. Notice
  438  of meetings of the board of administration, shareholder
  439  meetings, except shareholder meetings called to recall board
  440  members under paragraph (f), and committee meetings may be given
  441  by electronic transmission to unit owners who consent to receive
  442  notice by electronic transmission. A unit owner who consents to
  443  receiving notices by electronic transmission is solely
  444  responsible for removing or bypassing filters that may block
  445  receipt of mass emails sent to members on behalf of the
  446  association in the course of giving electronic notices.
  447         4. Unit owners have the right to participate in meetings of
  448  unit owners with reference to all designated agenda items.
  449  However, the association may adopt reasonable rules governing
  450  the frequency, duration, and manner of unit owner participation.
  451         5. Any unit owner may tape record or videotape meetings of
  452  the unit owners subject to reasonable rules adopted by the
  453  division.
  454         6. Unless otherwise provided in the bylaws, a vacancy
  455  occurring on the board before the expiration of a term may be
  456  filled by the affirmative vote of the majority of the remaining
  457  directors, even if the remaining directors constitute less than
  458  a quorum, or by the sole remaining director. In the alternative,
  459  a board may hold an election to fill the vacancy, in which case
  460  the election procedures must conform to the requirements of
  461  subparagraph 1. unless the association has opted out of the
  462  statutory election process, in which case the bylaws of the
  463  association control. Unless otherwise provided in the bylaws, a
  464  board member appointed or elected under this subparagraph shall
  465  fill the vacancy for the unexpired term of the seat being
  466  filled. Filling vacancies created by recall is governed by
  467  paragraph (f) and rules adopted by the division.
  468  
  469  Notwithstanding subparagraphs (b)2. and (d)1., an association
  470  may, by the affirmative vote of a majority of the total voting
  471  interests, provide for a different voting and election procedure
  472  in its bylaws, which vote may be by a proxy specifically
  473  delineating the different voting and election procedures. The
  474  different voting and election procedures may provide for
  475  elections to be conducted by limited or general proxy.
  476         Section 3. Subsection (1) of section 720.3033, Florida
  477  Statutes, is amended to read:
  478         720.3033 Officers and directors.—
  479         (1)(a) Within 90 days after being elected or appointed to
  480  the board of a homeowners’ association with at least 10 units,
  481  each director shall do both of the following:
  482         1. Certify by affidavit in writing to the secretary of the
  483  association that he or she has read the association’s
  484  declaration of covenants, articles of incorporation, bylaws, and
  485  current written rules and policies; that he or she will work to
  486  uphold such documents and policies to the best of his or her
  487  ability; and that he or she will faithfully discharge his or her
  488  fiduciary responsibility to the association’s members. Within 90
  489  days after being elected or appointed to the board, in lieu of
  490  such written certification, the newly elected or appointed
  491  director may
  492         2. Submit a certificate of having satisfactorily completed
  493  the educational curriculum administered by a division-approved
  494  education provider within 1 year before or 90 days after the
  495  date of election or appointment.
  496         (b) The affidavit and written certification or educational
  497  certificate are is valid for the uninterrupted tenure of the
  498  director on the board. A director who does not timely file the
  499  affidavit and written certification or educational certificate
  500  is shall be suspended from the board until he or she complies
  501  with the requirement. The board may temporarily fill the vacancy
  502  during the period of suspension.
  503         (c) The association shall retain each director’s affidavit
  504  and written certification or educational certificate for
  505  inspection by the members for 5 years after the director’s
  506  election. However, the failure to have the affidavit and written
  507  certification or educational certificate on file does not affect
  508  the validity of any board action.
  509         Section 4. This act shall take effect July 1, 2022.

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