BACKGROUND CHECKS
– NOT ONLY FOR NEW RENTERS OR OWNERS!
By
Jan Bergemann
Published
March 4, 2016
We hear a lot about all the background checks
for new renters and potential buyers. But have you ever
considered that the association should as well be doing
background checks on new – and old – board member s?
It’s definitely an ELIGIBILITY issue!
All the statutes regulating Florida’s community associations
carry language in regards to eligibility of owners to be board
members.
This is the eligibility provision in FS
720.306(9)(b): “A person who has been convicted of any
felony in this state or in a United States District or
Territorial Court, or has been convicted of any offense in
another jurisdiction which would be considered a felony if
committed in this state, may not seek election to the board and
is not eligible for board membership unless such felon’s civil
rights have been restored for at least 5 years as of the date on
which such person seeks election to the board.” You’ll find
the same language in the other community association statutes.
And while many board members are eager to run
background checks on everybody else, they ignore the necessity
of doing background checks on themselves — some even for a very
good reason.
Even if the laws carry a disclaimer like: “The
validity of an action by the board is not affected if it is
later determined that a board member is ineligible for board
membership due to having been convicted of a felony,” it’s
still embarrassing for the whole board if one of the owners
finds out that one of their own isn’t eligible to serve on the
board due to a prior felony conviction.
So, how about it: Run background checks on
all newly elected – or appointed – board members to make sure
that there isn’t some issue in the past of this new board member
that makes him/her ineligible to serve on the board?
It may save some of the other board members
from serious embarrassment!
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Jan Bergemann is president of Cyber Citizens For Justice,
Florida
's largest state-wide property owners' advocacy group.
CCFJ works on legislation to help owners living in
community
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associations. He moved to
Florida
in 1995 - hoping to retire. He moved into a HOA, where the
developer cheated the homeowners and used the association dues
for his own purposes. End of retirement!
CCFJ was born in the year 2000, when some owners met in
Tallahassee
- finding out that power is only in numbers. Bergemann was a
member of Governor Jeb Bush's HOA Task force in 2003/2004.
The organization has two websites to inform interested
Florida
homeowners and condo owners:
News Website: http://www.ccfj.net/.
Educational Website: http://www.ccfjfoundation.net/.
We think that only owners can really represent owners, since all
service providers surely have a different interest! We are
trying to create owner-friendly laws, but the best laws are
useless without enforcement. And enforcement is totally lacking
in
Florida
!
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