Florida statute reference · F.S. § 720.3033
§ 720.3033 - Officers & Directors Duties
Section 720.3033 is the key governance accountability provision of the Florida HOA Act. It establishes who is qualified to serve on the board, what directors must certify or learn within 90 days of election, how conflicts of interest must be handled, and when personal liability attaches for board decisions. Every new HOA board member in Florida should read § 720.3033 before their first meeting.
Reviewed by the Common Elements editorial team, which includes a Florida-licensed community association manager (LCAM) and insurance broker - Florida Licensed Community Association Manager, 2-20 & 6-20.
Key requirements for HOA directors
Director qualifications
§ 720.3033(1)(b)- Must be a parcel owner in good standing (current in assessments, no active fines)
- Delinquent by 90+ days: suspended from board until delinquency cured
- Convicted of disqualifying felony: removed and permanently disqualified
- Disqualifying crimes include fraud, theft, embezzlement, and breach of trust against the HOA
- Disqualification must be disclosed in election notices
90-day certification requirement
§ 720.3033(1)(b)- Within 90 days of election or appointment: certify in writing having read and understood governing docs and Chapter 720
- Alternative: complete a DBPR-approved director education course
- Failure to certify within 90 days: suspended from board until certification provided
- Certification requirement applies to every new director, including re-elected incumbents
Conflict of interest disclosure
§ 720.3033(1)(a)- Director with financial interest in a matter must disclose before the vote
- Interested director must abstain from voting on the matter
- Cannot improperly influence the decision or discussion
- Self-dealing without disclosure is a breach of fiduciary duty
- Competitive bids recommended when a director has any interest in a contract
Personal liability protection (business judgment rule)
§ 720.3033(2)- Directors not personally liable for association debts or obligations
- Business judgment rule applies: no liability for good-faith, informed decisions
- Personal liability attaches for gross negligence, fraud, criminal conduct
- Also attaches for intentional misconduct or knowing violation of law
- D&O insurance recommended as additional protection
Common questions about § 720.3033
- What financial reporting are Florida HOA directors required to do?
- Section 720.3033(1)(a) requires each director and officer to disclose any financial interest in a contract, transaction, or proposed action brought before the board. The director must not vote on or attempt to influence the decision and must recuse themselves from the discussion. Beyond individual conflict disclosure, the board as a whole must ensure the association prepares the appropriate tiered financial report (compiled, reviewed, or audited statement depending on annual revenues) within 90 days of fiscal year end, as required under § 720.303(7).
- What are the qualification requirements for Florida HOA board members under § 720.3033?
- Section 720.3033(1)(b) establishes that directors must be parcel owners in good standing — meaning current in all assessments and not under any active fine — to be eligible to serve. A director who becomes delinquent in assessments by more than 90 days must be suspended from the board until the delinquency is cured. Criminal conviction requirements also apply: a director convicted of certain felonies (fraud, theft, embezzlement, or crimes involving dishonesty or breach of trust against the HOA) must be removed and is permanently disqualified from serving. The HOA must include these disqualifications in its election notices.
- What must HOA directors certify about their knowledge of Florida law?
- Section 720.3033(1)(b) requires that within 90 days of election or appointment to the board, each new director must either certify in writing that they have read and understand the association's governing documents and the applicable provisions of Chapter 720, or complete an educational course approved by the DBPR covering the director's responsibilities. A director who fails to provide the certification or course completion evidence within 90 days is suspended from the board until they do. This requirement has been in effect for HOAs since 2013.
- How do conflict of interest rules apply to Florida HOA board members?
- Section 720.3033(1)(a) requires a director or officer who has a direct or indirect financial interest in any matter to be voted on by the board to disclose that interest to the board before the vote. The interested director must abstain from voting and must not improperly influence the decision. Self-dealing — awarding contracts to a company owned by a board member without proper disclosure and competitive bidding — is a common source of HOA litigation. The conflict rules do not require recusal from all discussions, but the interested member cannot vote.
- Can a Florida HOA director be removed from the board?
- Yes — both by member vote and by operation of law. Directors can be removed by a majority vote of the members at any meeting called for that purpose (subject to any higher threshold in the governing documents) under § 720.303(10). Removal by operation of law occurs when a director becomes delinquent in assessments by more than 90 days, is convicted of a disqualifying felony, or fails to provide the required certification of Chapter 720 knowledge within 90 days of election. The board does not have authority to remove one of its own members from office — that is a member power.
- Are Florida HOA board members personally liable for their decisions?
- Generally no, if they act in good faith and within their authority. Section 720.3033(2) provides that officers and directors are not personally liable for the association's debts or obligations. The business judgment rule protects directors who make decisions in good faith, on an informed basis, and in what they reasonably believe to be the best interest of the association. Personal liability attaches for gross negligence, fraud, criminal conduct, intentional misconduct, or knowing violation of law. D&O insurance provides an additional layer of protection.
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This is not legal advice. Consult association counsel for your specific situation.