This Is our Village

Friday, April 20, 2012

president of condo

must he live on the grounds  or  can he be president  while  livng elsewhere ?????


  1. Hi Alan,

    The President, or any Board member, need not live on campus, EG. many Board members are seasonal residents and continue to participate from remote locations.

    Board meetings by teleconferencing are enabled in the Condominium Act, FS-718.

    Dave Israel

  2. Absent an amendment to Article V of the Bylaws, “Officers”, prohibiting non-residents from either being elected or appointed to an office, a non-resident may serve as an officer. This “boilerplate” amendment restricting non-residents from serving as an officer was quite popular in 1999 and 2000, and was handed out by UCO for the asking. This same amendment also contained a provision at the end, that “No renter may be an officer of the Association.” I believe that it was intended to mean that only Association members could serve in such a capacity, yet, as written, it failed to perfect this intent. Getting back to the eligibility issue, the “Division of Condominiums, Timeshares and Mobile Homes” has never prohibited any form of eligibility requirement for officers placed in an Association's Bylaws, this was certainly not the case when it came to board member eligibility!
    In 1999, Section 718.112(2)(d)1., relating to eligibility requirements for board members, it had been amended to read, “In order to be eligible for board membership, a person must meet the requirements set forth in the declaration”. This change lasted only two years (circa 1998-1999), but brought with it a flurry of amendments to association documents which placed numerous requirements on board eligibility, and in addition to statutory recall requirements, permitted “self-help remedies in the bylaws, for the removal of members from an Association's board.
    In 2009 and 2010, Section 718.112(2)(d)(1) relating to eligibility requirements for board members was amended to read, “... board members may stand for reelection unless otherwise permitted by the bylaws”. As you can see, the eligibility requirements to serve on the board are slowly but steadily reverting back to the time when the Bylaws could control, unless otherwise provide by statute.
    In 2011, this section was amended to read, “...board members may stand for reelection unless prohibited by the bylaws.”
    The governing documents of a condominium providing for term limits is no longer a perceived violation of Chapter 718, and the Division of Florida Condominiums, Timeshares, and Mobile Homes will not intervene. If the governing documents have a provision that prohibits a board member from serving more than two consecutive terms, then such a prohibition will be upheld. I speculate that it may be only a matter of time when residency requirements to serve on the board will once again be upheld as well. Administrative rulings in this regard will be watched closely.


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