By Eric Glazer, Esq.

Published May 6, 2013

Florida condominium law provides that:

Unless otherwise provided in the bylaws, the members of the board shall serve without compensation.

Florida HOA law provides that:

A director, officer, or committee member of the association may not directly receive any salary or compensation from the association for the performance of duties as a director, officer, or committee member and may not in any other way benefit financially from service to the association.

HOA Officers and directors can get compensated however if authorized in the governing documents or if authorized in advance by a vote of a majority of the voting interests voting in person or by proxy at a meeting of the members.

            So there you have it. You can get compensated for serving on the Board.  It just has to be stated in the bylaws or declaration.  Why is it then, that virtually no documents that I have ever seen contain a clause that allows directors to get compensated?

            Board members will tell you that they spend countless hours per year devoted to a position where they are second guessed, yelled at, woken up and defamed.  And that's the benefits of this non paying position!  They also negotiate with vendors, help prepare the budget, keep on top of the staff, work with association's counsel, attend meetings, sign checks and more.

            Is it unreasonable to ask: why would anyone do this if you don't even get paid minimum wage? 

            Wanting to do good for your community and volunteer your time to help others is certainly a noble cause.  But, is it enough to attract the most qualified people in the community to serve on the Board?  Would payment to directors attract more qualified candidates?  If Board members did get paid, what's the best way to handle it?  An hourly fee?  A monthly fee?  Anyone out there think that compensation should simply be prohibited?  Does anyone live in a community where the directors are paid?  If so, how much and how is it working out?