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

Category Archives: Board Eligibility

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Eligibility to Run for Condominium Board Depends on Governing Documents

Posted in Association Documents, Board Eligibility, Governing Documents

Question:  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… Continue Reading

Convicted Felons Ineligible for Condo Board Service in Florida

Posted in Board Eligibility, Elections

Question: My condominium association’s annual meeting is next month. Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations. While he was apparently never convicted, a lifetime ban from the securities industry was imposed against him and he was… Continue Reading

Condominium Board Candidate “Forty Day Deadline” Can’t Be Waived or Extended

Posted in Board Eligibility, Elections, Reader Q&A

Question: I live in a condominium association and recently submitted my intent to be a candidate for the board for the upcoming election. Following receipt of my notice the association advised because I missed the “forty day deadline,” my name would not be included on the ballot. I did miss the deadline, but I feel… Continue Reading

Is Board Certification Really Necessary for Board Members in Florida?

Posted in Board Eligibility, Education, Reader Q&A

Question: I read your blog on “board certification” in condominiums and have suggested to our president that all board members take such a course. I received no reply. I sent a document production request via certified mail and received as proof the “notice of intent to become a candidate” forms with the required State certification… Continue Reading

How Does Board Certification Work With Re-Elected Condominium Association Board Members?

Posted in Board Eligibility, Fiduciary Duty of Board of Directors, Reader Q&A

Question: I know you have addressed the new board member certification requirement previously, but my question involves when a director is considered “newly elected.”  Would a board member who has continuously served on the board, prior to the amendment to the statute, but who has now been re-elected to the board be “newly elected” and… Continue Reading

Five Questions You Need to Ask Yourself Before Serving on Your Association’s Board

Posted in Board Eligibility, Elections

Before agreeing to serve on your community association’s Board of Directors, please do yourself and everyone else a favor and run through these five questions first. 1. Do I have time to serve on the Board? Running and being elected to your community’s board of directors can be an exciting experience as it is an… Continue Reading

Board “Certification” Required By Florida Law

Posted in Board Eligibility, Reader Q&A

Question: I am on the board of my association and recently attended a board certification class where the requirement that board members be “certified” was discussed. The other members on my board question this requirement. Can you please explain?  E.O. (via e-mail) Answer: Over the past several years, all of Florida’s community association statutes have… Continue Reading

Voluntary and Mandatory HOAs Differ In Many Ways

Posted in Board Eligibility, Reader Q&A

Question: I am the president of a voluntary homeowners’ association and wanted to know if the members of the Board of Directors of our voluntary homeowners’ association have to comply with the new Board Member certification requirement in Chapter 720, Florida Statutes? R.G. (via e-mail) Answer: No. Chapter 720 of the Florida Statutes, often informally… Continue Reading

I want to be a Director on my Condominium or HOA Board. Am I Eligible?

Posted in Board Eligibility, Elections

As election season approaches, the issue of who is qualified to serve on a condominium or homeowners association’s board of directors can become a hotly contested issue.  This post examines how eligibility to serve as a director in such a community association is determined. Most Florida condo associations and HOAs operate as not for profit… Continue Reading

Director Can Serve on More Than One Condo Association Board

Posted in Board Eligibility, Reader Q&A

Question: My condominium association is electing new directors. One of the candidates running for the board is currently the president of another association in our development. Can this individual serve on both boards at the same time?  M.P. (via e-mail) Answer: Yes. The Florida Condominium Act specifically provides that any unit owner or “other eligible… Continue Reading

HOA Documents Need To Determine Deadline For Acceptance Of Board Candidates

Posted in Board Eligibility, Reader Q&A

Question: We have two openings on our Board. Only two people put in their name by the established deadline. Then, two board members, without board approval, asked the management company to send a “second chance letter”, and the management company refused to get involved. These two directors, again without board authority, sent out a letter… Continue Reading