ARE
YOU QUALIFIED TO BE A BOARD MEMBER?
By
Eric Glazer, Esq.
Published February 29, 2016
We all know that there are no professional
qualifications that are required in order to become a Board
member. You don’t need any type of degree or license. You don’t
need any prior experience of any kind in business. There are no
tests to take. However, there are still some provisions of the
Florida Statutes that may disqualify you for Board membership.
The question routinely comes up as to whether
or not one must actually be an owner of a condominium unit or
home in an HOA in order to serve on the Board. Almost all
governing documents contain language that state that you must be
an “owner” in order to be a “member” of the community and that
only “members” can serve on the Board. The exceptions are few
and far between. It would seem simple enough, but trouble often
arises when it turns out that one spouse is not actually named
in the deed as an owner. The spouse that is not named in the
deed often times wants to serve on the Board and
unfortunately is prohibited because they are not the owner,
even though they have been living at the condo or HOA for
decades.
In a condominium, a person who has been
suspended or removed by the division is not eligible for Board
membership.
In a condominium, a person who is delinquent
in the payment of any monetary obligation due to the
association, is not eligible to be a candidate for board
membership and may not be listed on the ballot. In an HOA, A
person who is delinquent in the payment of any fee, fine, or
other monetary obligation to the association on the day that he
or she could last nominate himself or herself or be nominated
for the board may not seek election to the board, and his or her
name shall not be listed on the ballot.
In a condo and HOA, 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.
In a condominium and an HOA, a person who has
been convicted of any felony in this state or in a United States
District or Territorial Court, or who has been convicted
of any offense in another jurisdiction which would be considered
a felony if committed in this state, is not eligible for board
membership unless such felon’s civil rights have been restored
for at least 5 years as of the date such person seeks election
to the board.
Finally, once you get on the Board, you have
90 days to get certified. If you don’t you are automatically off
the Board. On way to get certified is by taking our Condo Craze
Board Certification Course and March is a great month to do it
at any of the L&L Condo and HOA Expos all around the state. On
Wednesday March 2 nd,
we’ll be at The Hyatt Regency in Miami. On March 9th we’ll be at
the Broward Convention Center and on March 30th, we’ll be at the
Palm Beach Convention Center. L&L always puts on a great event,
with lots of vendors in attendance and lots of other educational
classes as well. To register, just go to
www.condocrazeandhoas.com
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About
HOA & Condo Blog
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Eric Glazer graduated from
the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for more than 2
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decades and is the owner of Glazer
and Associates, P.A. a seven attorney law firm with offices in
Fort Lauderdale and Orlando and satellite offices in Naples,
Fort Myers and Tampa.
Since 2009, Eric has been the host
of Condo Craze and HOAs, a weekly one hour radio show that airs
at noon each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
He is the first attorney in the
State of Florida that designed a course that certifies
condominium residents as eligible to serve on a condominium
Board of Directors and has now certified more than 10,000
Floridians all across the state. He is certified as a Circuit
Court Mediator by The Florida Supreme Court and has mediated
dozens of disputes between associations and unit owners. Eric
also devotes significant time to advancing legislation in the
best interest of Florida community association members.
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