Question: Can co-owners (for example a husband and wife who own only one home) sit on the board of directors at the same time? C.O. (via e-mail)
Answer: The answer is different in a condominium than for communities governed by a cooperative association or homeowners’ association.
The Florida Homeowners’ Association Act is silent on the issue. The bylaws would control. In my experience, most homeowners’ association bylaws do not contain a prohibition against co-owners simultaneously serving on the board. Rather, what you will usually see is a provision that states that only property owners (and sometimes their spouses) can serve on the board. In such a case, a husband and wife could sit on the board at the same time.
There is similarly no prohibition against co-owners serving on the board in the Florida Cooperative Act, so the same analysis applicable to HOA’s would apply.
The Florida Condominium Act specifically provides that while any unit owner is eligible to serve on the board (subject to certain instances in which individuals are disqualified, such as financial delinquency), co-owners of a single unit may not serve as members of the board of directors at the same time. However, co-owners may serve at the same time if they own more than one unit.
As with most rules, there is an exception. Co-owners of a single condominium unit may also simultaneously serve on the board if there are not enough eligible candidates to fill all vacancies on the board at the time of the election to fill a vacancy.