Question: My deceased father had his condo unit in a family trust. My husband and I are part of the trust. Does our ownership in the trust entitle my husband to run for the association board, even though we do not live there? J.F. (via e-mail)
Answer: It depends.
The Florida Not-For-Profit Corporation Act, at Section 617.0802(2), states that when title is held in a trust, and service upon the association board is contingent upon membership in the association, the “grantor” of the trust and beneficiaries of the trust are eligible to serve on the board. However, in order for a beneficiary to be eligible for board service, they must occupy the unit. It is probable that your deceased father was the grantor of the trust. If your husband is a trust beneficiary, and assuming the bylaws require membership in the association to run for the board, he would not be eligible to run if he does not occupy the unit.