This Is our Village

Monday, November 14, 2011

Board elections

Can an owner who is in arrears in their maintenance payments run for a position of the condo board of directors?
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FS 718.112 among other things provides:

"A person who has been suspended or removed by the division under this chapter, or who is delinquent in the payment of any fee, fine, or special or regular assessment as provided in paragraph (n), is not eligible for board membership......"

Dave Israel
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2 comments:

Randall said...
This comment has been removed by the author.
Mark D. Friedman, Esq. said...

The legislature answered that specific question in 2011 with the following additional text to Section 718.112(2)(d), Florida Statutes:

"Any unit owner desiring to be a candidate for board membership must . . .be eligible to serve on the board of directors at the time of the deadline for submitting a notice of intent to run in order to have his or her name listed as a proper candidate on the ballot or to serve on the board."

Section 718.112(2)(n), Florida Statutes, to which Dave refers in his posting, provides:

"A director or officer more than 90 days delinquent in the payment of any monetary obligation due the association shall be deemed to have abandoned the office, creating a vacancy in the office to be filled according to law."

If a unit owner is more than 90 days delinquent in the payment of ANY monetary obligation to the Association he or she is no longer eligible to run for the Board.

Mark D. Friedman, Esq.