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What You Signed Up For: A Board Seat in 2026

Bryan Gonzalez  ·  May 15, 2026  ·  5 min read  · 

Most people join an association board to fix the landscaping and keep dues reasonable. Few realize they have taken on a legal duty that Florida now backs with criminal penalties. In the space of a few legislative sessions, board service has quietly gone from thankless to genuinely risky if you do it carelessly. Done with a little structure, it remains what it has always been: an ordinary volunteer role with an extraordinary amount of good it can do for your community.

The duty, in plain terms

Every officer and director of a Florida association owes the association a fiduciary duty, stated outright in Section 718.111(1) of the Condominium Act and Section 720.303(1) for HOAs, and measured by the corporate standard in Section 617.0830: act in good faith, with the care an ordinarily prudent person would exercise in a like position, and in a manner you reasonably believe to be in the association’s best interests, not your own.

In practice that means no self-dealing, following your governing documents and the statutes, and leaning on qualified professionals (attorneys, engineers, accountants, licensed managers) whenever a prudent person would. The law actually protects directors who rely in good faith on professional advice. What it does not protect is willful blindness. “I didn’t know” is not a defense when a reasonable director would have asked.

The duty now has teeth

Two 2024 laws, House Bill 1021 for condominiums and House Bill 1203 for HOAs, converted what used to be civil exposure into criminal exposure for specific conduct:

Layer on the transparency rules (websites and posted records for condominiums of 25 or more units and HOAs of 100 or more parcels, mandatory director education and continuing education, stronger owner inspection rights) and the theme is unmistakable: Florida expects association governance to look professional, documented, and open, and it is willing to prosecute the alternative.

How to Protect Yourself
  1. Follow the governing documents and the statutes, and when the board makes a judgment call, put the reasoning and the professional advice behind it in the minutes. Your minutes are your defense file.
  2. Keep the association’s money transparent and controlled: dual approval on disbursements, monthly reconciled financials the whole board reviews, no debit cards.
  3. Complete your director education on time, and keep the certificates on file with the association.
  4. Maintain directors and officers (D&O) insurance, and read the exclusions, because policies differ widely on what they actually cover. Confirm the association also carries the fidelity coverage state law requires.
  5. When an issue is outside your expertise (structural, legal, financial), get a qualified professional’s written advice and record your reliance on it.
  6. Never touch a vendor relationship that benefits you personally without full disclosure and recusal. When in doubt, disclose and step out.

Good governance is a system, not a personality

None of this should scare capable people away from board service; communities need them more than ever. The lesson of the new laws is different: the era of running an association from a shoebox and a memory is over. Boards that operate with documented decisions, controlled finances, and professional support have little to fear from any of it. That system is exactly what a capable management partner provides. As a future-focused partner for Florida’s associations, Aurora keeps our boards ahead of education deadlines, records requirements, and compliance dates, so volunteers can do the job they actually signed up for.

Serving on a board and not sure your association’s practices would hold up under the new rules? We’ll walk through it with you, no obligation.

Talk to Aurora →

This article is general information for Florida community associations, current as of July 2026. It is not legal advice and is not a substitute for guidance from your association’s licensed Florida attorney. Criminal statutes and penalties in particular turn on specific facts. Consult counsel about any actual situation before acting.