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 members?

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 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  

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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