Florida law saying directors do not have to be association members nullified if condo bylaws state that directors must be members
Michael Bogen devotes his legal practice to representing hundreds of condominium and homeowner associations. Bogen, who is admitted to practice law in Florida, Washington, D.C., and Nevada, also is admitted before the United States District Court in the Southern and Middle Districts of Florida. He is assistant executive director of the Condo Council, which provides education to over 1,000 association members.
EMAIL: column@Condo Law.com Q. Which directors are able to vote on association matters? Are all directors allowed to vote on all matters? A. All directors are able to vote on all matters with the rare exception if a board member has a conflict of interest, such as voting on a contract where the director has an interest in company contracting with the association. Amarried couple live in a unit in our condo building. Only the husband’s name is on the deed; however, the wife is running for the board. Don’t board members have to be owners? Not necessarily. The association’s governing documents will state whether directors have to be members (owners) of the association. I have seen many sets of governing documents where it says that directors do not have to be members in the association. If your governing documents have this clause, then a director does not have to be on the deed to a unit in your condo association. Q. Myunit is held in a trust. I wanted to run in the election for a seat on the board but I was told I was not eligible because my unit was held in trust and I did not personally own the unit. Is this correct? Florida law states that directors must be natural persons who are at least 18 years of age and are not required to be members, or unit owners, of the condo association, unless the association’s articles of incorporation or bylaws so require. If the association’s articles of incorporation or bylaws require directors to be members, or unit owners, of the association, then the grantor of a trust or a beneficiary of a trust owning a unit shall be deemed a member of the association and eligible to serve a director. This analysis applies to condominium associations and homeowner associations.