A condominium’s annual election provides the association’s voting members with the opportunity to select new individuals to serve on its board of directors. Candidates provide their notice to the association at least forty days before the scheduled election, leaving plenty of time for unit owners to weigh their options and research the qualifications of both incumbents and challengers. Each election, some questions may arise as to whether certain candidates are qualified to serve on the board of directors. Although Florida law places some restrictions on who can serve as a director, it permits individual associations to tailor their qualifications for board membership.
Eligibility to serve on a condominium association’s board of directors is governed by two pieces of legislation: the Florida Not-For Profit Corporation and the Florida Condominium Act. The Florida Not-For-Profit Corporation Act requires that all directors of corporations must be natural persons who are 18 years of age or older. The Act does not require that a director reside in Florida, or even be a member of the corporation. However, the Act does permit corporations to mandate such residency and membership requirements in its articles of incorporation or bylaws. Under the Florida Condominium Act, a director can be “any unit owner or other eligible person.” However, the Act does place certain restrictions on eligibility. If a person is delinquent in the payment of a monetary obligation to the Association, he or she cannot serve as a director. A person who has been removed from the board of directors by the State also cannot serve as a director. Finally, a convicted felon cannot serve as a director unless his or her civil rights have been restored for at least five years.
Chaired by Partner Joshua D. Krut, our Community Association, Club and Resort Practice Group advises associations in the preparation of annual meeting, election and voting packages and helps chair meetings of the Members and Board of Directors. The Group also counsels community association board members in both interpretation and enforcement of their governing documents.
