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2022 Florida Statutes (including 2022C, 2022D, 2022A, and 2023B)

Title XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468 MISCELLANEOUS PROFESSIONS AND OCCUPATIONS Entire Chapter
SECTION 4334
Professional practice standards; liability.
F.S. 468.4334
468.4334 Professional practice standards; liability.—
(1)(a) A community association manager or a community association management firm is deemed to act as agent on behalf of a community association as principal within the scope of authority authorized by a written contract or under this chapter. A community association manager and a community association management firm shall discharge duties performed on behalf of the association as authorized by this chapter loyally, skillfully, and diligently; dealing honestly and fairly; in good faith; with care and full disclosure to the community association; accounting for all funds; and not charging unreasonable or excessive fees.
(b) If a community association manager or a community association management firm has a contract with a community association that has a building on the association’s property that is subject to s. 553.899, the community association manager or the community association management firm must comply with that section as directed by the board.
(2)(a) A contract between a community association and a community association manager or a contract between a community association and a community association management firm may provide that the community association indemnifies and holds harmless the community association manager and the community association management firm for ordinary negligence resulting from the manager or management firm’s act or omission that is the result of an instruction or direction of the community association. This paragraph does not preclude any other negotiated indemnity or hold harmless provision.
(b) Indemnification under paragraph (a) may not cover any act or omission that violates a criminal law; derives an improper personal benefit, either directly or indirectly; is grossly negligent; or is reckless, is in bad faith, is with malicious purpose, or is in a manner exhibiting wanton and willful disregard of human rights, safety, or property.
History.—s. 2, ch. 2014-146; s. 2, ch. 2022-269.