Can a non-owner be a Board member in a condominium?
Every year this question comes up in one form or another. In some cases, it is a spouse who is not on the deed who wants to be on the Board. In other cases, someone who is on the Board moves away but his/her term is not up.
The answer: it depends.
Section 718.112, Florida Statutes, provides in relevant part, “For purposes of this paragraph, the term “candidate” means an eligible person who has timely submitted the written notice, . . . of his or her intention to become a candidate.” Then the statute provides, “A unit owner or other eligible person desiring to be a candidate for the board must give written notice of his or her intent to be a candidate to the association at least 40 days before a scheduled election.” The law permits anyone to sit on the Board, whether a unit owner or not. Therefore, it is up to your governing documents, usually found in the Bylaws and/or Articles, under the section titled, “Director,” to limit who can be on the Board.
There are a variety of ways I’ve seen this stated in documents over the years. Some examples are, “a unit owner or his/her spouse, even if the spouse is not on the deed”, “Unit owners and the parents of unit owners if the parents reside in the condominium”, “Members or tenants for as long as the tenant is leasing a unit at the condominium” or “all directors shall be Members”.
If you have concerns about the way your documents address this issue, revisions must be approved and recorded prior to the annual meeting.
Recent Comments