Florida Statute 468.431 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS

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F.S. 468.431

468.431 Definitions.—As used in this part:

(1) “Community association” means a residential homeowners’ association in which membership is a condition of ownership of a unit in a planned unit development, or of a lot for a home or a mobile home, or of a townhouse, villa, condominium, cooperative, or other residential unit which is part of a residential development scheme and which is authorized to impose a fee which may become a lien on the parcel.

(2) “Community association management” means any of the following practices requiring substantial specialized knowledge, judgment, and managerial skill when done for remuneration and when the association or associations served contain more than 10 units or have an annual budget or budgets in excess of $100,000: controlling or disbursing funds of a community association, preparing budgets or other financial documents for a community association, assisting in the noticing or conduct of community association meetings, determining the number of days required for statutory notices, determining amounts due to the association, collecting amounts due to the association before the filing of a civil action, calculating the votes required for a quorum or to approve a proposition or amendment, completing forms related to the management of a community association that have been created by statute or by a state agency, drafting meeting notices and agendas, calculating and preparing certificates of assessment and estoppel certificates, responding to requests for certificates of assessment and estoppel certificates, negotiating monetary or performance terms of a contract subject to approval by an association, drafting prearbitration demands, coordinating or performing maintenance for real or personal property and other related routine services involved in the operation of a community association, and complying with the association’s governing documents and the requirements of law as necessary to perform such practices. 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.

(3) “Community association management firm” means a corporation, limited liability company, partnership, trust, association, sole proprietorship, or other similar organization engaging in the business of community association management for the purpose of providing any of the services described in subsection (2).

(4) “Community association manager” means a natural person who is licensed pursuant to this part to perform community association management services.

(5) “Council” means the Regulatory Council of Community Association Managers.

(6) “Department” means the Department of Business and Professional Regulation.

History.—ss. 7, 14, ch. 87-343; s. 1, ch. 89-155; s. 4, ch. 91-429; s. 142, ch. 94-218; s. 1, ch. 94-350; s. 2, ch. 96-291; s. 1, ch. 2008-28; s. 1, ch. 2014-146.

F.S. 468.431 on Google Scholar

F.S. 468.431 on Casetext

Amendments to 468.431

Arrestable Offenses / Crimes under Fla. Stat. 468.431

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 468.431.

Annotations, Discussions, Cases:

Cases Citing Statute 468.431

Total Results: 5

The FLORIDA BAR Re ADVISORY OPINION—ACTIVITIES OF COMMUNITY ASSOCIATION MANAGERS

Court: Supreme Court of Florida | Date Filed: 2015-05-14

Citation: 177 So. 3d 941, 2015 WL 6510426

Snippet: operation of a community association.” Section 468.431(2), Florida Statutes (2012). There are over 18

Coronado Condominium Ass'n v. Corte

Court: District Court of Appeal of Florida | Date Filed: 2012-12-12

Citation: 103 So. 3d 239, 2012 Fla. App. LEXIS 21308, 2012 WL 6177408

Snippet: ("manager” of a limited liability company), with § 468.431(4), Fla. Stat. (2012) ("community association manager”

Gerecitano v. Barrwood Homeowners Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2004-08-18

Citation: 882 So. 2d 424, 2004 Fla. App. LEXIS 12100, 2004 WL 1837928

Snippet: Florida Statute *426468.482 and Florida Statute 468.431 which provide, in pertinent part: 468.432 Licensure

Florida Bar re Advisory Opinion

Court: Supreme Court of Florida | Date Filed: 1996-07-18

Citation: 681 So. 2d 1119, 21 Fla. L. Weekly Supp. 328, 1996 Fla. LEXIS 1243, 1996 WL 403726

Snippet: Community association management is defined in section 468.431(2), Florida Statutes (1995): “Community association

Munch v. DEPT. OF PRO. REGULATION

Court: District Court of Appeal of Florida | Date Filed: 1992-01-02

Citation: 592 So. 2d 1136, 1992 WL 859

Snippet: with the operation of a community association" [§ 468.431(2), Fla. Stat.] and, therefore, were governed by