Section 468.4334 - Professional practice standards; liability; community association manager requirements(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 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.(3) A community association manager or community association management firm that is authorized by contract to provide community association management services to a homeowners' association shall do all of the following: (a) Attend in person at least one member meeting or board meeting of the homeowners' association annually.(b) Provide to the members of the homeowners' association the name and contact information for each community association manager or representative of a community association management firm assigned to the homeowners' association, the manager's or representative's hours of availability, and a summary of the duties for which the manager or representative is responsible. The homeowners' association shall also post this information on the association's website or application required under s. 720.303(4)(b). The community association manager or community association management firm shall update the homeowners' association and its members within 14 business days after any change to such information.(c) Provide to any member upon request a copy of the contract between the community association manager or community association management firm and the homeowners' association and include such contract with association's official records. s.2, ch. 2014-146; s.2, ch. 2022-269; s.1, ch. 2023-203.Amended by 2024 Fla. Laws, ch. 244,s 1, eff. 7/1/2024.Amended by 2024 Fla. Laws, ch. 221,s 1, eff. 7/1/2024.Amended by 2023 Fla. Laws, ch. 203,s 1, eff. 6/9/2023.Amended by 2022 Fla. Laws, ch. 269, s 2, eff. 5/26/2022.Added by 2014 Fla. Laws, ch. 146, s 2, eff. 7/1/2014.