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 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.