Condo director’s term limits and other qualifications for the board
Back in 2018, a bill passed the Florida Legislature that said: “A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy”
This law become effective July 1, 2018. Since then, we periodically get calls, especially around election time, as to whether board service before 2018 counts towards the 8 years.
In many condominium associations, directors have served more than 8 years and the calls we get concern whether these directors who have served more than 8 years can run again for the Board.
Although there were mixed signals from the Florida Division of Condominiums, Timeshares and Mobile Homes of the Department of Business and Professional Relations, the Division finally stated last summer that because the 8 year term limit law did not come into effect until 7/1/2018, the 8 years of service limit did not commence until after 7/1/2018.
Therefore, no long term Condominium Association director has to worry about the 8 year limit until 7/1/2026.
Chances are, this term limit may very well be repealed before 2026. So nothing to worry about any long term board member serving again for the board until at least 2026.
There are still other qualifications for a condominium unit owner to run for the board. Section 718.112(2)(d)2., Florida Statutes, provides: “In a residential condominium association of more than 10 units or in a residential condominium association that does not include timeshare units or timeshare interests, co-owners of a unit may not serve as members of the board of directors at the same time unless they own more than one unit or unless there are not enough eligible candidates to fill the vacancies on the board at the time of vacancy. A unit owner in a residential condominium desiring to be a candidate for board membership must comply with (submitting their name as a candidate on time) and must be eligible to be a candidate to serve on the board of directors at the time of the deadline for submitting a notice of intent to run in order to have his or her name listed as a proper candidate on the ballot or to serve on the board.”
“A person who has been suspended or removed by the division under this chapter, or who is delinquent in the payment of any monetary obligation due to the association, is not eligible to be a candidate for board membership and may not be listed on the ballot. A person who has been convicted of any felony in this state 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 this state, 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.”
It is important before placing a candidate’s name on the election ballot to make sure that person does not owe any money to the Association (assessments, fines, dues etc.) or is not a convicted felon.
