Can the HOA Board Accept Gifts from Vendors in Florida?

Question:

You mentions board of directors may not “Directly or indirectly accept gifts from members of the community, suppliers, or contractors.”

Can one board member accept a holiday gift basket of treats and snacks from a vendor? We heard that if it’s under $100 value, it’s okay.

it is not in our bylaws but it is a Florida state statute “cannot accept gifts of value”.

Can you clarify how one should interpret that and what’s the best rule to follow?

– Barbara

 

Answer:

Hi Barbara,

Section 720.3033(3) of the Florida Homeowners Association Act clearly states:

“An officer, director, or manager may not solicit, offer to accept, or accept any good or service of value for which consideration has not been provided for his or her benefit or for the benefit of a member of his or her immediate family from any person providing or proposing to provide goods or services to the association. If the board finds that an officer or director has violated this subsection, the board shall immediately remove the officer or director from office. The vacancy shall be filled according to law until the end of the director’s term of office. However, an officer, director, or manager may accept food to be consumed at a business meeting with a value of less than $25 per individual or a service or good received in connection with trade fairs or education programs.”

Thus, it is best not to accept the gift at all unless it is food that is valued at less than $25 per person and consumed at a business meeting.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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