ARE YOU QUALIFIED TO BE A BOARD MEMBER?

We all know that there are no professional qualifications that are required in order to become a Board member.  You don’t need any type of degree or license.  You don’t need any prior experience of any kind in business.  There are no tests to take.  However, there are still some provisions of the Florida Statutes that may disqualify you for Board membership.

The question routinely comes up as to whether or not one must actually be an owner of a condominium unit or home in an HOA in order to serve on the Board.  Almost all governing documents contain language that state that you must be an “owner” in order to be a “member” of the community and that only  “members” can serve on the Board.  The exceptions are few and far between.  It would seem simple enough, but trouble often arises when it turns out that one spouse is not actually named in the deed as an owner.  The spouse that is not named in the deed often times wants to serve on the Board and unfortunately is prohibited because they are not the owner, even though they have been living at the condo or HOA for decades.

In a condominium, a person who has been suspended or removed by the division is not eligible for Board membership.

In a condominium, a person 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.   In an HOA, A person who is delinquent in the payment of any fee, fine, or other monetary obligation to the association on the day that he or she could last nominate himself or herself or be nominated for the board may not seek election to the board, and his or her name shall not be listed on the ballot.

In a condo and HOA, 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.

In a condominium and an HOA, 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.

Finally, once you get on the Board, you have 90 days to get certified.  If you don’t you are automatically off the Board. On way to get certified is by taking our Condo Craze Board Certification Course and March is a great month to do it at any of the L&L Condo and HOA Expos all around the state.  On Wednesday March 2nd, we’ll be at The Hyatt Regency in Miami.  On March 9th we’ll be at the Broward Convention Center and on March 30th, we’ll be at the Palm Beach Convention Center.  L&L always puts on a great event, with lots of vendors in attendance and lots of other educational classes as well. To register, just go to www.condocrazeandhoas.com

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