Also: If the HOA hires a property management company, what tasks require a CAM license? And is it illegal to hire someone without a license?
FORT LAUDERDALE, Fla. – Question: My question is whether the treasurer of a condo association is required to be a board member? I have just recently been elected to the board and discovered that our treasurer is not actually a board member, even though I believe our bylaws state that the treasurer is supposed to be on the board.
He attends all the board meetings and prepares all the financial statements but does not have a vote. He does a good job as treasurer, and I am not sure that any other board member could (or wants to) do the job, so we would like to keep things as they are. I just want to make sure that we are doing it legally under Florida condo law. – A.B., Fort Lauderdale
Answer: The Florida Condominium Act actually does not specifically state that all officers, including, but not limited to, the treasurer, must be members of the board. However, if your bylaws require that the officers must be board members, then the association must adhere to that requirement.
Without reviewing your association’s governing documents, it is difficult to say what your options could be for keeping this person on as the treasurer. The answer will depend on what your documents say about the number of board members, the officers and their duties, and how each are elected (among other things). For example, if the number of current board members is less than the number of board seats provided for in your bylaws, the existing board could vote to appoint him as a board member to fill a vacant seat. You should have the association’s attorney review the documents in connection with this question and determine the best course of action for the association.
Question: If the HOA hires a property management company, what tasks require the manager to have a CAM (Community Association Manager) license – and is it illegal to hire someone without a license?
We have been told the manager of our community is covered under the management company’s license. She sets up and attends board meetings, inspects properties and prepares and sends out notices of violation. She is the point of contact for members to report items needing attention, solicits vendor bids and presents to the board, prepares meeting packets to include agendas, financial reports, and minutes of meetings, and takes payments and does the banking for the association. – J.K., Sunrise, FL
Answer: Chapter 468, Florida Statutes, includes the regulations for various professions and occupations, including licensed Community Association Managers. Section 468.431(2), Florida Statutes, gives the definition of “Community Association Management” and provides a list of specific practices which require licensure. Such practices include, but are not limited to, controlling or disbursing funds of a community association, assisting in the noticing or conduct of community association meetings, determining amounts due to the association, drafting meeting notices and agendas, and complying with the association’s governing documents and the requirements of law as necessary to perform such practices.
It would seem that your property manager, if operating without a CAM license, is performing a number of these duties in violation of the statute. However, that section goes on to clarify that, “A person who performs clerical or ministerial functions under the direct supervision and control of a licensed manager or who is charged only with performing the maintenance of a community association and who does not assist in any of the management services described in this subsection is not required to be licensed under this part.”
Therefore, it depends on the specific tasks that your manager performs, and whether such tasks can be classified as clerical or ministerial in nature. For example, is the manager actually drafting the meeting notices and agendas, or does the manager only post them after they have been drafted by an attorney or licensed CAM? The analysis will also depend on the level of direct supervision and control that the management company or licensed CAM keeps over her work.
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© 2022 Journal Media Group. Avi S. Tryson, Esq., is a partner of the law firm Goede, DeBoest & Cross.