Florida law say­ing di­rec­tors do not have to be as­so­ci­a­tion mem­bers nul­li­fied if condo by­laws state that di­rec­tors must be mem­bers

Sun Sentinel Broward Edition - Homespot - Broward East - - CONDO & H.O.A. LAW -

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: col­[email protected] 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.

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