A management contract should make responsibility clear without suggesting that the board has transferred away its legal obligations. Florida's community association manager provisions in Chapter 468 address licensing, professional conduct, records, and conflicts of interest. They matter when selecting a manager, evaluating performance, or changing management firms.
Verify the service and the license
Sections 468.431 and 468.432 define covered management work and licensure. The statutory definition addresses specified compensated practices for associations exceeding ten units or $100,000 in annual budgets. Those licensing provisions should not be represented as a blanket rule requiring every association above a threshold to hire a manager. The board should verify the licenses applicable to both the individual and the firm and identify the services actually included in the agreement.
Section 468.4334 treats the manager or firm as the association's agent within authorized scope. It requires loyal, skillful, diligent, honest, and good-faith performance, financial accountability, and full disclosure. A manager may not knowingly follow a board instruction that violates state or federal law. The contract cannot waive or limit the statutory professional standards.
The statute also requires specified professional-standards language in management contracts, in at least 12-point type when applicable to the services. Boards should have the complete agreement reviewed, including indemnity, access to records, termination procedures, and any additional fees. Marketing descriptions do not resolve what the contract actually requires.
Plan records access before a transition
Official records in the manager's possession must be returned within 20 business days after termination or receipt of a written request for return, whichever comes first. A practical transition plan should identify accounting exports, bank reconciliations, contracts, owner records, meeting files, and access information. Secure delivery and confirmation of usable file formats can prevent a nominal handover that leaves the incoming team unable to operate.
Section 468.4335 separately addresses management-related conflicts, including certain vendor relationships and financial benefits. It establishes disclosure and meeting procedures, a specified approval vote, and a multiple-bid requirement for certain conflicting bids exceeding $2,500, with an exception for activities disclosed in the management contract. These provisions deserve transaction-specific review rather than a general statement that every recommended vendor is independent.
Practical board checklist
- Verify applicable licenses and compare the contract's scope with the community's actual needs.
- Review professional-standards language and the board's authorization controls.
- Maintain association access to its own records throughout the relationship.
- Obtain written disclosures of relevant vendor interests and referral arrangements.
- Review bidding, agenda, disclosure, and voting requirements before approving a conflicted transaction.
- On transition, inventory deliverables and track the statutory return deadline from the earlier triggering event.
Good management procedures give the board timely information and reliable execution. Legal opinions, disputed enforcement questions, and complex statutory interpretation should still be referred to qualified association counsel.
Reviewed November 4, 2026. Florida educational information only. Obtain association-specific legal advice before acting.