OR
(WHAT YOU DON’T KNOW YOU DON’T KNOW)
GERRY ARENSTEIN
If you were to consider the possibility of becoming a candidate for our HOA board, what would you need to do to prepare yourself to become a viable candidate? As a former president of our board, I have several suggestions to assist you with the process.
First, start by becoming familiar with each of the following Florida Statutes (https://www.leg.state.fl.us/statutes):
• Chapter 617 Corporations Not for Profit Florida Statute Chapter 617 governs the formation of corporations not for profit which is defined as meaning “a corporation no part of the income or profit of which is distributable to its members directors, or officers, except as otherwise provided in this chapter.” These associations operate for the mutual benefit of members, allowing for specialized bylaws, membership certificates that cannot be assigned, and powers to handle property.
• Chapter 712 Marketable Record Titles to Real Property: Florida Statute Chapter 712, the Marketable Record Title Act (MRTA), simplifies property transfers by extinguishing most claims or restrictions against a title that are older than 30 years from the “root of title”. It serves as a 30-year statute of limitations to clear old defects, requiring only a 30-year search, with exceptions for certain government/easement interests.
• Chapter 720 Homeowners Associations: Florida Statute Chapter 720 governs homeowners’ associations (HOAs) in Florida, covering mandatory membership, operational procedures, and, with 2024 changes (HB 1203/1021), stricter requirements for 4-hour board education, records transparency, and parking rights. It authorizes HOA’s to levy fines, maintain common areas, and enforce covenants, including, architectural reviews.
Florida Statute 720 (Homeowners’ Association Act) specifically governs the operation, procedures, and rights within HOA’s, while Statute 617 (Not For Profit Corporation Act) provides the broader legal framework for how these associations operate as non-profit corporations. Chapter 720 takes precedence in conflicts, but 617 governs when 720 is silent.
Key Differences:
• Chapter 720 (HOA Act): Focuses on member rights, covenant enforcement, board elections, and assessment procedures.
• Chapter 617 (Not-for-Profit Act): Applies to the corporate structure, such as director duties, meetings, and board resignation procedures.
• Conflict Resolution: If a specific issue is not covered by 720, the association must defer to 617.
• Examples: While 720 defines how a board is elected, 617 may determine the term limits or resignation requirements if the bylaws are silent.
• Both statutes, along with governing documents, must be followed for compliance.
Also, it’s important to understand how each statute plays a role in the foundation upon which the homeowner association concept is built.
Additionally, you must become conversant with our Governing Documents, which can be found on the Alliant Property website.
• Articles of Incorporation are the legal instrument that was used to create the homeowner association in the first place.
• Covenants and Restrictions establishes the “nuts and bolts” of what our association actually is. It begins with a definition of the terms used within the Covenants and Restrictions. It then itemizes the parts of the association and how they work together to enable the association to achieve its purpose.
• By-Laws further refine how the governance of the association is conducted in concert with the Covenants and Restrictions.
• Rules and Regulations provide the flexibility for the association to further define and fine-tune very specific areas of concern to help both the association members and the board of directors to comply with the intent of the Covenants and Restrictions.
Next, what does responsible campaigning entail?
• Prepare your resumé and biography — it’s important that you clearly delineate your bona fides as part of the process when submitting your information to become a candidate.
• Enlist the help of friends to host “driveway parties.” In essence, these “parties serve as small fora or group meetings for stump speeches. Properly conducted, they are a helpful way to communicate your vision for the community to residents and for homeowners to learn who and what you are about.
• Consider how your past experiences may contribute or limit your effectiveness as a potential board member.
• You will need to comply with Rule 26, HOA Director Election Guidelines. These guidelines apply only to the time of year when the HOA has an election, beginning on the date of the Final Notice mailing (30 days prior to the Annual Member Meeting) and up to day of that Annual Member Meeting, generally mid-January to mid-February. During this specific time period, candidates for election may do the following:
• Go door-to-door to introduce yourself to the residents and hand out an invitation (a sanctioned solicitation) to a meet-the-candidate event.
• Put up signs for the purpose of announcing a driveway event to meet one or more board of director candidates. Signs can be no larger than 3 x 4 feet. Signs can be displayed two days in advance of the event date and need to be placed near the driveway on each side. Signs must be removed after the event concludes. Residents may not display a “Vote For (Candidate Name)” sign on golf carts.
What can distinguish you as a good candidate from a mediocre one?
As a candidate you are putting yourself up to public scrutiny. Both you and your audience must be courteous, respectful, and gracious at all times. Do your homework and be open-minded. For example, you need to understand that the income forecast in the budget becomes available only on a quarterly basis term. As board member, you are entrusted with the assets of the association to preserve their condition and ultimate value. You will need to understand what the term “fiduciary relationship” means and how it applies to your role on the board. The definition of fiduciary responsibility is: “the imposition of the obligations of trust and confidence in favor of the association and its members. It requires each member of the board to act in good faith and in a manner he or she believes to be in the best interests of the members of the association. It means the board members must exercise the care and diligence of an ordinarily prudent person when acting for the community, and it requires each of them to act within the scope of their authority.” “(Ref §617.0830 (1), F.S.”. Directors and officers of the association must devote enough time and effort to the performance of their duties to ensure that they are reasonably and faithfully carried out on behalf of the association. The fact that the homeowner’s association is a corporation not-for-profit, or that the members of the board are volunteers and unpaid, does not relieve them from the standards of trust and responsibility that the fiduciary relationship requires.” “§720.303 (1), F.S.”
As a candidate, be prepared to answer probing open-ended questions, such as what is the difference between an “operating” and a “reserve” budget? Operating funds are for day-to-day expenses, such as contractual agreements for landscaping, utilities, payroll, etc. Reserve funds are designated for capital expenditures and deferred maintenance. Each candidate should be able to explain their understanding of reserve funds to the satisfaction of an inquiring homeowner.
What are your priorities for the association? As a candidate, what do you see as the near-term future for the association? What changes, if any, do you plan to pursue and why? How will those changes improve or negatively impact the association? What are the downsides that could result from these potential changes?
Be prepared for follow-up questions when fellow residents aren’t satisfied with the answer. You will need to be agile because your questioners may be trying to determine if you have a “hidden agenda” behind your answers.
If you should choose to run — find a mentorbecause campaigning can be a minefield! Take the time to reference The Law of Florida Homeowners Associations by Peter M. Dunbar, Esq. & Charles F. Dudley, Esq., 13th Edition, 2026.
