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 required to pay fines. Is he eligible to run for the board? (C.P. by e-mail)
Answer: Probably. The Florida Condominium Act provides specific and limited disqualifications on eligibility to run for or serve on the board of directors. Relevant here, the statute states that a person who has been convicted of any felony in Florida or in a United States District or Territorial Court, or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida, is not eligible for board membership unless such felon’s civil rights have been restored for at least 5 years as of the date such person seeks election to the board. If this person was not convicted of a felony, this provision of the Act would not apply.
Other limitations in the Act are as follows. A person who has been suspended or removed from office by the Florida Division of Condominiums, Timeshares and Mobile Homes is not eligible to be a candidate to serve on a condominium’s board of directors. A person who is delinquent in the payment of assessments or other monetary obligations is generally not eligible. Term limits are also permissible, if contained in the association’s bylaws.