What are some condominium management rights and responsibilities?

| Jun 17, 2015 | Condominiums And Cooperatives |

The Florida Senate outlines statutes regarding condominium association operations and management. Under state law, entities acting on behalf of condominium owners must abide by a number of policies and procedures, and are prohibited from personally benefiting from a service or transaction provided for the association. Beyond that, there are several other primary legal stipulations for the management and operation of condominium associations.

As mentioned above, anyone acting as a condominium manager, director or officer is prohibited from accepting a service or product. Nor may a manager solicit services or products from someone working with the association. Condominium directors and agents of condominium associations also have a fiduciary responsibility to unit owners, and are therefore legally bound to act in the best interest of unit owners and shareholders.

Further discussing fiduciary duty, condominium association agents, officers and directors are obligated to perform their duties in good faith. The agent should act in accordance with what he or she believes to be in the best interests of the association, and with the care of a reasonably prudent person. In the event that an association agent is negligent in performing his or her duties, he or she may be held civilly or criminally liable.

A condominium association itself can also contract out, pursue lawsuits, and be sued for the execution or non-execution of powers. This includes but is not limited to the operation, maintenance and management of a condominium property. Of course, there are many other legal guidelines regarding condominium association services and obligations. The information provided here is only a brief introduction to state policies, and cannot serve as legal counsel.

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