This is a common question Florida property owners who live in an HOA community have – can a husband and wife or co-owners of the same unit both serve on their association’s board of directors?
The answer is generally “no,” although there is an asterisk to that “no.”
Yay or Nay to Spouses Simultaneously Serving on the Board
According to the Florida Condominium Act, a husband and wife who are co-owners of a unit may not serve on their board of directors at the same time, unless…
- The couple owns more than one unit in the HOA, or
- There are not enough eligible candidates to fill the vacancies on the board
This provision applies to condo associations that include more than 10 units or in a residential condo association that does not include timeshare units or timeshare interests.
Review Your Governing Documents
In addition to checking state law regarding board composition, you should also consult your HOA’s governing documents. Your bylaws will stipulate any requirements for serving on the board, including the number of elected board members required, term length limitations, and if there are any restrictions regarding husbands and wives serving on the board at the same time.
Before pursuing a seat on your HOA’s board of directors, you should familiarize yourself with your CC&Rs and bylaws as well as the Florida Condominium Act. Knowing the information contained in these important documents will also be essential to your success once elected.
To learn more about serving on your HOA board, contact us at Dania S. Fernandez & Associates, P.A. We have more than 20 years of experience serving condo associations throughout Miami and Fort Lauderdale. Call us today at 305-254-4492 to schedule a free consultation.
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