– Individuals desiring to be candidates for a community association’s board must give written notice of their intent at least 40 days prior to the scheduled election.
– Co-owners of a unit in a condominium association of more than 10 units cannot serve as members of the board at the same time unless they own more than one unit, or there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy.
– Any person who has been suspended or removed from office by the division is ineligible to run for board election.
– Individuals delinquent in the payment of any fee, fine, or special or regular assessment are not eligible for board membership.
– Anyone convicted of a felony in Florida or in any United States District is not eligible for board membership unless their civil rights have been restored for at least 5 years. – Board members must certify in writing that they have read and will uphold the association’s governing documents and policies within 90 days of being elected or appointed.
– Newly elected or appointed directors must complete an educational curriculum within 1 year before or 90 days after their election or appointment, if they do not provide the written certification.
– Failure to file the written certification or educational certificate results in suspension from the board and a temporary filling of the vacancy.
– Board members who become more than 90 days delinquent in paying any monetary obligation to the association are deemed to have abandoned their office.
– Directors or officers charged with felony theft or embezzlement involving the association’s funds or property must be removed from office.
– Actions taken by the board while an ineligible member served are still valid and enforceable. – Florida statutes allow non-unit owners to run for the association’s board.
– Situations where non-unit owners may run for office include corporations owning the unit and a spouse of a unit owner who is not on the deed.
– Non-unit owners can only run for election if the by-laws allow it; otherwise, only unit owners may serve on the board.
https://www.jimersonfirm.com/blog/2013/06/association-board-of-directors-eligibility-according-to-florida-law/
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