The condominium’s governing documents will specify who is eligible to serve on the Board of Directors. Typically, but not always, a director must be a unit owner. A unit owner is defined in the statute as the record owner of legal title. That means in the case of units owned by an individual(s), the owner is the person(s) whose name(s) is on the recorded deed. In the case of ownership in the name of a corporation or partnership, the condominium documents typically define who is eligible as serve such as an Officer, Director or other managing agent of the corporation, or a Partner of the Partnership. Thus, if Mr. Jones buys a unit as a single man and later marries, his wife is not an “owner of record” or “unit owner” and she is not eligible to serve on the board unless her name is added to the title or the community allows non-owners to serve on the Board.
What about a person whose property is held in a Trust? Florida has a particular law for that situation: Section 617.0802 provides:
“(2) In the event that the eligibility to serve as a member of the board of directors of a condominium association, cooperative association, homeowners’ association, or mobile home owners’ association is restricted to membership in such association and membership is appurtenant to ownership of a unit, parcel, or mobile home, a grantor of a trust described in s. 733.707(3), or a beneficiary as defined in former s. 737.303(4)(b) of a trust which owns a unit, parcel, or mobile home shall be deemed a member of the association and eligible to serve as a director of the condominium association, cooperative association, homeowners’ association, or mobile home owners’ association, provided that said beneficiary occupies the unit, parcel, or mobile home.”
Thus, the grantor or beneficiary of a Trust, as defined, is eligible to serve on the board if he/she occupies the property.
Which owners cannot serve on the board?
- In a residential condominium of more than 10 units, or in a residential condominium that does not contain timeshare units, co-owners of a unit may not serve as members of the board 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 the vacancy.
- A person who has been suspended or removed by the Division of Condominiums or is delinquent in the payment of any monetary obligation due the association is not eligible to be a candidate for the board.
- 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.
- A director or officer more than 90 days delinquent in the payment of any monetary obligation due the association shall be deemed to have abandoned the office, creating a vacancy in the office to be filled according to law.
As a caution, you should always consult with an experienced attorney about your particular legal situation.
January 8, 2016.Share