Florida/Georgia Personal Injury & Workers Compensation

...Whether The Complaint Fails To State A Cause Of Action Against The Appellees As Directors of The Corporation Section 617.0830 sets forth the standards of performance required of directors *181 of not-for-profit corporations. Fox argues that directors who meet these standards enjoy immunity from civil liability pursuant to section 617.0834. Fox specifically cites section 617.0834(1) in support of her argument that Counts III, V, VII, IX, and XI of her complaint properly allege a derivative action for breach of fiduciary duty against each director individually. PWOF asserts that in the absence of any allegations by Fox that PWOF comes within the ambit of section 617.0834, which specifies that it only applies to corporations recognized under sections 501(c)(3), (c)(4), and (c)(6) of the Internal Revenue Code and agricultural or horticultural organizations recognized under (c)(5) of the Internal Revenue Code, section 617.0831 applies. Section 617.0831 makes section 607.0831 of the general corporations chapter applicable to nonprofit corporations. Section 607.0831, which is analogous to section 617.0834, essentially provides that directors are immune from liability in their individual capacity, absent fraud, criminal activity or self-dealing/unjust enrichment....

...rm of fraud, self-dealing or unjust enrichment to trigger individual liability); Munder v. Circle One Condominium, Inc., 596 So.2d 144 (Fla. 4th DCA 1992) (reversing lower court's finding of individual liability by condominium developer). Similarly, section 617.0834(1), Florida Statutes *28 (2002) [1] and section 607.0831(1), Florida Statutes (2002) [2] provide insulation for condominium association directors from liability in their individual capacities absent fraud, criminal activity, self-dealing, or unjust enrichment....

...However, the court went far beyond what was necessary to resolve the personal liability issue by declaring that chapter 607 and chapter 617, which deal with corporations in general, control the issue of condominium association director liability. Both section 617.0834(1) and section 607.0831(1) limit personal liability of directors of non-profit and for profit corporations to misdeeds arising to the level of criminal law violations, deriving personal benefits, reckless acts, and acts committed in bad faith or with a malicious purpose....

...s 607 and 617 as applicable. (emphasis supplied) This section applies to associations, not directors. And, it provides chapter 718 controls condominium associations, where in conflict with chapters 607 and 617. Section 718.303(1) is in conflict with section 617.0834(1) and 607.0831(1)....

...favors the developer over the association. For elected directors of associations, personal liability should be premised on malfeasances which parallel director-appointed directors, only if the actions or inactions are willful and knowing. NOTES [1] Section 617.0834(1), Florida Statutes (2002), provides in part: (1) An officer or director of a nonprofit organization ......

...s control the actions and governance of condominium associations and address the liability of the associations' directors. Each of these three sections requires more than simple negligence before personal liability for monetary damages attaches. See § 617.0834(1), Fla....

...out of the general rule stated herein. See, e.g., Curbelo v. Sweetwater Creek Homeowners Condominium Ass'n, Inc., 653 So.2d 1073 (Fla. 3d DCA 1995), review denied, 662 So.2d 933 (Fla.1995). Accordingly, the order of dismissal is affirmed. NOTES [1] Section 617.0834(1), Florida Statutes (1995), provides, in part: An officer or director of a nonprofit organization......

...annot be held individually liable. In arguing that the individual board members cannot be held liable, Defendants cite Florida case law regarding the liability of officers and directors of not-for-profit corporations. Defendants specifically rely on section 617.0834 of the Florida Statutes which holds that officers and directors of not-for-profit corporations are generally immune from personal liability for corporate acts....

...ery discriminatory act mentioned infra during their tenure as Members of the Board of Directors. As such, each reference to BOTANICA includes each and every member of the Defendant members of the Board of Directors." (D.E. No. 29 at 5). In addition, section 617.0834, a state statute, cannot be applied to bar Plaintiffs' federal cause of action. Furthermore, it is alleged that the board of directors each personally and intentionally discriminated against families. Section 617.0834 does not protect against willful violations of rights protected by the Fair Housing Act. 617.0834(1)(b)(3), Florida Statutes (stating that the statute's immunity does not apply where the officer's breach his or her duties constitutes "[r]ecklessness or an act or omission which was committed in bad faith or with malicious purpose or in a...

...ation directors Laszlo Wagner, David Brodsky, Frank Lloyd, and Robert Shipman, in their individual capacities. The directors moved for summary judgment, arguing Berg's claims against them were barred as a consequence of the immunity afforded them by section 617.0834, Florida Statutes, and the running of the statute of limitations. The trial court granted the motion for summary judgment and this appeal followed. We agree with appellant that the summary judgment in favor of the individual directors cannot be sustained on the grounds of the immunity afforded by section 617.0834....

...Affirmed in Part; Reversed in Part; and Remanded. STEVENSON, C.J., GUNTHER and MAY, JJ., concur. NOTES [1] Section 617.303, Florida Statutes, was repealed and renumbered in 2000. The provisions relevant to this appeal now appear in chapter 720. [2] Section 617.0834, Florida Statutes, provides that directors are not personally liable for "any statement, vote, decision, or failure to take an action," unless: (a) The officer or director breached or failed to perform his or her duties as an officer...

...Snyder, II, William Dooley and Sandra Sutton. [2] By order dated November 21, 1995, the trial court granted the motion to dismiss Marv Silvern. The dismissal was with the reservation that the plaintiff could amend the complaint should it become apparent that Marv Silvern had violated section 617.0834, Florida Statutes....

...not alleged to have breached any duty. The dismissal in favor of the three board members individually is correct as they may be allegedly liable only in their representative capacity for breach of their fiduciary duty as officers and directors. See § 617.0834, Fla....

PER CURIAM. Affirmed. See § 617.0834, Fla. Stat. (1994).

...repairs, allegations which are not indicative of fraud, self-dealing or unjust enrichment”); § 607.0831(1), Fla. Stat. (providing exceptions to general rule that “[a] director is not personally liable for monetary damages to the corporation”); § 617.0834(1)(b), Fla....

...limited liability company is not personally liable for monetary damages to the limited liability company, its members, or any other person for any statement, vote, decision, or failure to act regarding management or policy decisions . . . .”); § 617.0834(1), Fla....

...not alleged to have breached any duty. The dismissal in favor of the three board members individually is correct as they may be allegedly liable only in their representative capacity for breach of their fiduciary duty as officers and directors. See § 617.0834, Fla....