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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Eligibility to Run for Condominium Board Depends on Governing Documents

Posted in Association Documents, Board Eligibility, Governing Documents

Hispanic Businesswoman Leading Meeting At Boardroom TableQuestion:  The wife of an owner (only the husband is on the deed) is running for the Board of our condominium association.  Is she eligible to run for the Board?  I thought you had to be an owner under Florida Law to serve on a condominium association Board?  D.A. via e-mail

Answer:  Florida law does contain certain minimum requirements for a person to be eligible to serve on the board of directors for a community association.  As an example, The Florida Not For Profit Corporation Act (Chapter 617, Florida Statutes) requires a board member to be eighteen years of age or older.  Further, The Condominium Act (Chapter 718, Florida Statutes) contains certain eligibility requirements to serve on the board, including a prohibition on felons serving on the board, unless their civil rights have been restored for a period of no less than 5 years.  That being said, there is no requirement within Florida law for a person to be a “member” (i.e. name on the deed) of a condominium association before they are eligible to serve on the board.  Many condominium association governing documents, however, do require a person to be a “member” of the condominium association to be eligible to serve on the board.  The answer to your question will depend on the specific language contained within your condominium association’s governing documents.