Board Governance Review: September 2026 Legislative Supplement – DBPR Administrative Updates

Board Governance Review – Legislative Supplement, September 2026

DBPR Administrative Updates

61B-19.001 Final as of September 3rd, 2026

61B-19.004 Final as of September 7th, 2026

Dear Board Member,

As I promised in Legislative Watch section of my last issue of the Board Governance Review this is the update on DBPR rule making. The DBPR has taken two important actions: it revised the education rule for condominium directors and adopted a new rule for homeowners’ association directors.

Rule 61B-19.001 and Rule 61B-19.004 are now final.

Two others, 61B-23.001 dealing with Condo Meetings and 61B-21.001-.003 dealing with Condo Enforcement are still on the horizon.

This supplement highlights the provisions I believe are most relevant to board members and the managers who support them. It is a guide to the changes, not a review of every provision. For a full understanding of the requirements, please read the complete rules: Rule 61B-19.001, condominium board education and Rule 61B-19.004, homeowners’ association board education.

If you are an approved education provider or instructor, please review the rules with particular care. They include changes affecting course approval, delivery, verification of completion, and certificates that may require adjustments to your programs and procedures.

My hope is that these pages make the new rules easier to understand and easier to apply. Thank you for the time, care, and judgment you bring to serving your community.

Be Well,

Doug



Rule 61B-19.001: A New Framework for Condominium Board Education

By Doug Jenkins

Effective September 3, 2026, revised Rule 61B-19.001, Florida Administrative Code, establishes the procedures used to administer Florida’s education requirements for residential condominium directors.

Section 718.112, Florida Statutes, creates the underlying certification and continuing-education obligations; the revised rule defines important terms, establishes a uniform education year, regulates instructor approval and course delivery, identifies how directors document compliance, and assigns specific responsibilities to the association.

The following discussion focuses on the actions, definitions, and procedures established or clarified by the revised rule rather than repeating the broader statutory requirements.

Defines the Two Types of Education

The rule distinguishes between two forms of condominium director education:

• Board Member Certification, or BMC: The initial Division-approved course covering milestone inspections, structural integrity reserve studies, elections, recordkeeping and inspection of official records, financial literacy and transparency, levying fines, and notice and meeting requirements.
• Continuing Education, or CE: Ongoing education primarily focused on recent changes to Chapter 718 and applicable Division rules during the preceding education year.

This distinction matters because a course should be approved for the purpose for which the director intends to use it. A program may provide valuable information without qualifying as either BMC or annual CE.

Establishes a Uniform “Education Year”

The rule defines an education year as the period beginning July 1 and ending June 30 of the following calendar year.



This creates a common compliance period for condominium director education rather than requiring each association to calculate a separate rolling year for every director.

The education year serves two principal purposes:

• It establishes the period in which annual CE must be completed; and
• It provides the unit by which the seven-year validity of a BMC certificate is measured.

Clarifies the Initial BMC Submission Window

The amended rule incorporates the statutory timing options for initial certification. A director may submit the BMC certificate:

• Within one year before being elected or appointed; or
• Within 90 days after being elected or appointed.

This means a candidate or prospective appointee may complete the approved course in advance. If the course was completed within the preceding year, the person does not need to wait until after joining the board to submit the certificate.

The rule also establishes a separate deadline when BMC renewal becomes necessary. The renewed certificate must be submitted within 90 days after the beginning of the education year in which renewal is required.

Because the education year begins July 1, this generally creates a renewal period beginning July 1 and extending for 90 days.

Measures BMC Validity by Seven Education Years

The rule provides that a completed BMC certificate is valid for seven education years, provided the director continues serving without interruption.

This is more specific than simply treating the certificate as valid for 84 months from its completion date. The rule measures validity through defined July 1–June 30 education years.

The association should therefore record:

• The certificate-completion date;
• The education year in which the certificate was completed;
• The director’s continuity of service; and
• The education year in which renewal will be required.

Because a certificate may be completed partway through an education year, associations should not automatically assume that every certificate remains valid for exactly seven full calendar years after the completion date.

Establishes the Annual CE Cycle

The rule requires a condominium director to complete at least one hour of CE during each education year in which the director does not complete BMC.

This provides a more workable compliance cycle:

• If the director completes BMC during an education year, the BMC course satisfies the education requirement for that education year.
• In each subsequent education year in which BMC is not completed, the director must complete at least one hour of qualifying CE.
• The CE certificate must be submitted on or before June 30, the final day of the applicable education year.

For example, if a director completes BMC in December 2026, that occurs during the July 1, 2026–June 30, 2027 education year. The director’s next annual education period would begin July 1, 2027, and the required CE would be due by June 30, 2028.

This clarification replaces the need to calculate annual CE solely from each director’s individual certificate-submission anniversary.

Assigns Responsibility to the Association Secretary

The rule makes the association secretary, or equivalent officer, responsible for:

• Ensuring director compliance with the education requirements; and
• Maintaining the association’s education records.

Directs the Board to Suspend a Noncompliant Director

If a director fails to satisfy an education requirement by the applicable deadline, the rule directs the board to suspend the director until the director becomes compliant.

During the suspension:

• The individual should not participate as a serving director;
• The board may temporarily fill the vacancy; and
• The suspension continues until the applicable requirement is satisfied.

The association should therefore have a procedure for identifying an approaching deadline and notifying the director before noncompliance results in suspension.

Requires Reasonable Steps to Verify Completion

Before issuing a certificate, an instructor must take reasonable steps to ensure that the participant satisfactorily completed the approved course in its entirety.

This standard recognizes that verification methods may differ based on how the course is delivered. A live classroom, live webinar, self-paced program, and hybrid course may use different verification procedures, but each must reasonably demonstrate complete participation.

Merely registering, signing in briefly, or receiving the course materials does not establish satisfactory completion.

Conclusion

Revised Rule 61B-19.001 transforms condominium director education into a more uniform and trackable compliance system. It establishes a July 1–June 30 education year, measures initial certification through seven education years of uninterrupted service, places annual CE on a common statewide cycle, defines instructor qualifications and verification responsibilities, and requires the association secretary to monitor compliance and maintain the records.

For condominium boards, the practical direction is clear: use properly approved courses, preserve valid certificates, track education by the defined education year, monitor continuity of service, and address missed deadlines before they result in a director’s suspension.

Rule 61B-19.004: A New Framework for HOA Board Education

By Doug Jenkins

Effective September 7, 2026, Rule 61B-19.004, Florida Administrative Code, establishes the procedures used to administer Florida’s education requirements for homeowners’ association directors.

Section 720.3033, Florida Statutes, created the underlying certification and continuing-education obligations; the new rule defines important terms, establishes a uniform education year, regulates course and provider approval, identifies how directors document compliance, and assigns specific compliance responsibilities to the association.

The following discussion focuses on the actions and procedures established by the new rule rather than repeating the broader statutory requirements.

Defines the Types of Education

The rule defines two distinct forms of HOA director education:

• Board Member Certification, or BMC: A Division-approved course satisfying the initial education requirement. The course includes financial literacy and transparency, recordkeeping, levying fines, and notice and meeting requirements.
• Continuing Education, or CE: Ongoing Division-approved education used to satisfy the annual education requirements under section 720.3033.

A course must be approved for the specific purpose for which the director intends to use it. An informative association seminar does not automatically qualify as either BMC or CE.

Establishes a Uniform “Education Year”

The rule defines an education year as the period beginning July 1 and ending June 30 of the following calendar year.



This definition gives all HOA directors a common period for measuring annual continuing education. CE must be completed and the certificate submitted on or before June 30, the end of the applicable education year.

The education year does not replace the initial 90-day certification deadline. A newly elected or appointed director must still complete and submit the BMC certificate within 90 days after election or appointment.

Measures BMC Validity by Education Years

A BMC certificate is valid for four education years, provided the director serves without interruption. The director must submit the new certificate within 90 days after the beginning of the applicable education year.

This is an important clarification. The rule measures validity by education years rather than simply counting four years from the certificate’s calendar completion date. Because a partial education year may be involved, directors and associations should not assume that every certificate expires exactly 48 months after completion. The association should record:

• The certificate-completion date;
• The education year in which it was completed;
• The director’s continuity of service; and
• The education year in which renewal will be required.

The Division has not published an official example explaining whether every possible completion date receives the same amount of usable time. Therefore, associations should avoid extending a certificate beyond the four education years permitted by the rule.

Allows Multiple Courses to Satisfy Annual CE

The rule permits a director to combine multiple approved courses to reach the required annual CE total. A director is not required to obtain all required hours through one program.

For example, a director requiring four annual hours could potentially satisfy the requirement through four approved one-hour courses or another combination totaling at least four approved hours.

Prohibits Repeating the Same Course for Additional Credit

A director may not take the same course more than once during the same education year and count it repeatedly toward the minimum CE requirement.

The restriction applies within the education year. Replaying or retaking the same program does not generate additional qualifying hours for that July 1–June 30 period.

Defines How a Director Demonstrates Compliance

A director satisfies the applicable BMC or CE requirement by submitting a valid certificate of completion to the association secretary or equivalent officer within the required timeframe.

The operative document is the certificate of completion. Registration confirmations, payment receipts, attendance emails, course materials, or a director’s verbal statement do not replace it.

Assigns Responsibility to the Association Secretary

The rule expressly makes the association secretary, or equivalent officer, responsible for:

• Ensuring board-member compliance with the education requirements; and
• Maintaining the association’s education records.

This is more than a passive filing responsibility. The association should maintain a tracking system showing each director’s election or appointment date, initial BMC deadline, certificate-validity period, annual CE hours, and applicable June 30 deadline.

Although management may assist with tracking and recordkeeping, the rule assigns the formal responsibility to the secretary or equivalent officer.

Directs the Board to Suspend a Noncompliant Director

If a director fails to meet an education requirement by the applicable deadline, the rule directs the board to suspend that director until the director becomes compliant.

During the suspension:

• The director should not participate as a serving board member;
• The board may temporarily fill the vacancy; and
• The suspension continues until the applicable educational requirement is satisfied.

The rule therefore turns education tracking into an active governance obligation. The board must respond to an expired compliance deadline; it should not simply note the deficiency and allow the director to continue serving.

Authorizes Multiple Delivery Methods

Division-created or Division-approved BMC and CE courses may be offered through:

• Asynchronous instruction: Self-paced modules, prerecorded presentations, written materials, or electronic media;
• Synchronous instruction: Live instruction delivered by or in the presence of an instructor; or
• Hybrid instruction: A combination of live and self-paced education.

The method of delivery may vary, but the instructor must still take reasonable steps to confirm that the director satisfactorily completed the entire course.

Requires Verification of Complete Participation

An instructor must verify that a participant satisfactorily completed the approved course in its entirety before issuing a certificate.

This means merely registering, signing in, or attending only part of a program is insufficient. Providers must have a procedure for verifying completion, particularly for virtual and self-paced programs.

Creates a Path for CAM Courses to Qualify as HOA CE

A course already approved as Community Association Manager continuing education does not automatically qualify as HOA board-member CE. However, the rule creates a separate application process through which a provider may seek approval of an existing CAM CE course for HOA directors.

The provider must identify the CAM course and explain how it relates to homeowners’ association governance. This creates the possibility that one program may qualify for both audiences, but separate HOA approval is still required.

Board members should therefore confirm that a CAM course has also received approval as HOA director continuing education before relying on it.

For Education Providers:

• Establishes Approval Standards for Providers and Instructors
• Requires Provider Recordkeeping
• Allows DBPR to Withdraw Course Approval

Conclusion

Rule 61B-19.004 converts the HOA director-education requirements into a more structured compliance system. It establishes a uniform July 1–June 30 education year, measures BMC validity by four education years and uninterrupted service, permits directors to combine approved CE courses, prevents duplicate credit for repeating the same course, and places responsibility on the association secretary to track compliance and maintain the records.

The practical lesson for every HOA board is clear: verify the course approval, obtain and submit the certificate, track deadlines by education year, and act promptly when a director becomes noncompliant.