DOES THE 8 YEAR RULE APPLY IN YOUR CONDOMINIUM?

Florida Statute 718.112(2)(d)2. states:

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.  

 

The first issue is…..does this statute even apply in your condominium?  The answer depends upon whether or not you have “Kaufman Language” or “as amended from time to time” language in your declaration.  More specifically, if your condominium documents were created before 2018 and your documents do not contain language that automatically incorporate amendments to The Florida Condominium Act, the inquiry ends there.  This new eight year rule does not apply in your condominium.  See: PETER KNOWLES, MITCHELL LEGLER and TIMOTHY HORGAN, Petitioners, v. EMERALD GRANDE WEST CONDOMIMIUM ASSOCIATION, INC., PHILIP DUR, AND JAMES BOSSERMAN, PETER KNOWLES, MITCHELL LEGLER and TIMOTHY HORGAN, Petitioners, v. EMERALD GRANDE WEST CONDOMIMIUM ASSOCIATION, INC., PHILIP DUR, AND JAMES BOSSERMAN, Respondents., Case No. 18-06-4179, June 25, 2019

Let’s say there is Kaufman Language in your declaration and in this year’s upcoming election, there are directors running for re-election who have already served 8 consecutive years.  Do we count all the 8 years previously served, or do we start counting the 8 years from when the statute became effective in 2018?  This was answered by the Division of Condominiums in a Declaratory Statement regarding the Apollo Condominium Association.  Case No. 2018-023783 where it was held all prior years count.

So, when administering your condo election it has become a little harder.  If there is no director running for re-election, there is nothing to worry about.  If there is such a director running however, you first have to check if there is Kaufman Language in your declaration.  If there is not – nothing to worry about.  If there is, you must make sure that in order for that director to get on the board, he or she only gets on if:

  1. They are approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or;
  2. unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy.  

 

The bottom line is……this is complicated stuff. If you’re unsure as to how to apply this new law in your condo, ask your lawyer.

Leave a reply

Your email address will not be published.