Amendments to the Florida Condominium Act enacted in 2018 provide that association board members may not serve
more than eight consecutive years
, unless they are elected by more than two-thirds of the voting membership or there are not enough eligible candidates to fill the board vacancies at the time of the election.
Should condo boards have term limits?
If properly drafted, term limits can be positive.
No Term Limits
. If there are no term limits in an association’s governing documents, directors can be elected and re-elected to the board until they cease to be qualified to serve on the board or they die, whichever comes first. Strict Limits.
Is Florida’s 8 year board limit retroactive?
This applies retroactively to current board members who have been serving on the board for
more than eight (8) consecutive years
and who wish to run for re-election.
How many consecutive terms can a board member serve?
It’s commonplace for boards to limit terms
Can Florida condo board members meet in private?
A:
Yes
. Any time a quorum of the board meets to discuss association business, a board meeting occurs. Generally, board meetings are open to unit owners, subject only to two exceptions.
When did the 8 consecutive Florida law for directors take effect?
This applies retroactively to current board members who have been serving on the board for
more than eight (8) consecutive years
and who wish to run for re-election.
Can HOA board members be paid in Florida?
Section 720.303(12) of the Florida Homeowners’ Association Act generally
prohibits directors and officers from directly receiving a salary, compensation
, or other financial benefit. … Also, paying directors raises questions about the need for licensure under the statutes governing community association managers.
How long can a board member serve?
California law regarding directors’ terms for nonprofit public benefit corporations is codified at California Corporations Code Section 5220. Directors serve for a period of time specified in the articles or bylaws,
up to 4 years
(or 6 years for organizations without official, “statutory” members).
How long can you be a board member?
It’s commonplace for boards to limit terms
How do you stagger terms for board members?
Probably the most common way of staggering terms is by
using three groups and three-year terms
. This way, there are never fewer than 2/3 experienced members on the Board. Obviously, this makes no sense for a small Board say, fewer than about 12.
Can a Florida HOA board meet in private?
Yes
, as a matter of fact, it is legal for a condominium association board to hold a closed board meeting, but only in certain circumstances. Section 718.112(2)(c)3, of the Florida Condominium Act, allows the board to hold a closed board meeting (where unit owners are not permitted to attend) in two situations.
Does Florida Sunshine Law apply to condo boards?
We are frequently asked the question, “What is the Sunshine Law?” Although Florida’s Sunshine in Government Act does not apply to community associations,
the statutes applicable to condominiums, cooperatives, and homeowners’ associations each contain their own “sunshine” requirements
.
How much notice is required for a board meeting?
Special board meetings require only
four days of mailed advance notice
to board and HOA members. Civil Code § 1363.05(f). Board members may be given 48 hours’ notice delivered personally or by telephone, including a voice messaging system or by electronic transmission.
How many years can a board member serve in Florida?
Amendments to the Florida Condominium Act enacted in 2018 provide that association board members may not serve more than
eight consecutive years
, unless they are elected by more than two-thirds of the voting membership or there are not enough eligible candidates to fill the board vacancies at the time of the election.
How do you change condo rules and regulations in Florida?
Typically, Rules and Regulations can be changed
by a vote of the Board or Directors
, but the Declaration and Bylaws require a vote of the homeowners—often a significant percentage, such as 2/3 or 3/4 of all owners.
How long can a director serve on a board?
Term limits can vary dramatically from one company to the next. In an article on board best practices, management consulting firm McKinsey & Company pointed out that some organizations invite non-executive directors to serve on the board for a full 10 years, while others limit membership to
six or seven years
.
