Fla. Admin. Code Ann. R. 61E14-2.001 - Standards of Professional Conduct

Licensees shall adhere to the following provisions, standards of professional conduct, and such provisions and standards shall be deemed automatically incorporated, as duties of all licensees, into any written or oral agreement for the rendition of community association management services.

(1) Definitions. As used in this rule, the following definitions apply:

(a) "Licensee" means a person licensed pursuant to Sections 468.432(1) and (2), F.S.

(b) "Community Association Management Services" means performing any of the practices requiring specialized knowledge, judgment, and management skill as defined in Section 468.431(2), F.S.

(c) "Funds" as used in this rule includes money and negotiable instruments including checks, notes and securities.

(d) "Advertisement" and "Advertising" in this rule shall mean any statements, oral, written, or by electronic means dissemintated to or before the public or any portion thereof, with the intent of furthering the purpose, either directly or indirectly, of selling professional services, or offering to perform professional services, or inducing members of the public to enter into any obligation relating to such professional services. The terms advertisement and advertising shall include the name under which professional services are performed, and include business stationery but not promotional novelties such as balloons, pencils, trinkets, or articles of clothing.

(2) Professional Standards. During the performance of community association management services, a licensee shall do the following:

(a) Comply with the requirements of the governing documents by which a community association is created or operated.

(b) Only deposit or disburse funds received by the community association manager or management firm on behalf of the association for the specific purpose or purposes designated by the board of directors, community association management contract or the governing documents of the association.

(c) Perform all community association management services required by the licensee's contract to professional standards and to the standards established by Section 468.4334(1), F.S.

(d) In the event of a potential conflict of interest, provide full disclosure to the association and obtain authorization or approval.

(e) Respond to, or refer to the appropriate responsible party, a Notice of Violation or any such similar notification from an agency seeking to impose a regulatory penalty upon the association within the time frame specified in the notification.

(f) The license number of a licensee shall be stated in each offer of services, business proposal, advertisement, or advertising, regardless of medium, used by the licensee.

(g) Upon a lawful request for copies of the association's official records in subsection (3), the licensee must provide a copy of the record(s) in the medium requested if the licensee maintains the record in that medium.

(3) Records. During the performance of community association management services pursuant to a contract with a community association, a licensee shall not:

(a) Withhold possession of the association's official records, in violation of Section 718.111(12), 719.104(2) or 720.303(5), F.S., or original books, records, accounts, funds, or other property of a community association when requested by the association to deliver the same to the association upon reasonable notice. Reasonable notice shall extend no later than 10 business days after termination of any management or employment agreement and receipt of a written request from the association. The manager may retain those records necessary for up to 20 days to complete an ending financial statement or report. Failure of the association to provide access or retention of accounting records to prepare the statement or report shall relieve the manager of any further responsibility or liability for preparation of the statement or report. The provisions of this rule apply regardless of any contractual or other dispute between the licensee and the association.

(b) Deny or delay access to association official records to an owner or his or her authorized representative who is entitled to access within the timeframe and under the procedures set out in Section 718.111(12), 719.104(2) or 720.303(5), F.S.

(c) Create false records or alter the official records of an association in violation of Sections 718.111(12), 719.104(2) or 720.303(4), F.S., or of the licensee except in such cases where an alteration is permitted by law (e.g., the correction of minutes per direction given at a meeting at which the minutes are submitted for approval).

(d) Fail to maintain the records for a community association manager or management firm or the official records of any applicable association, as required by Section 718.111(12), 719.104(2) or 720. 303(4), F.S.

Notes

Fla. Admin. Code Ann. R. 61E14-2.001

Rulemaking Authority 468.4315(2) FS. Law Implemented 468.431(2), 468.4315(2), 468.4334, 468.436 FS.

New 5-5-88, Amended 2-5-91, Formerly 7D-55.007, 61B-55.007, Amended 1-8-98, 5-31-99, Formerly 61-20.503, Amended 4-21-10, Amended by Florida Register Volume 41, Number 012, January 20, effective 2/4/2015, Amended by Florida Register Volume 41, Number 228, November 24, 2015 effective 12/6/2015, Amended by Florida Register Volume 46, Number 185, September 22, 2020 effective 10/4/2020, Amended by Florida Register Volume 49, Number 100, May 23, 2023 effective 6/7/2023.

New 5-5-88, Amended 2-5-91, Formerly 7D-55.007, 61B-55.007, Amended 1-8-98, 5-31-99, Formerly 61-20.503, Amended 4-21-10, 2-4-15, 12-6-15, 10-4-20, 6-7-23.