If, theoretically, someone wanted to serve on their Florida condo board indefinitely, could they? Well, no, not exactly. Florida law places certain limitations on how long a person can serve on a condominium association’s board of directors, but as with many things, there are caveats. Here’s what to know about term limits for elected Florida condo board of directors.
The Law Regarding Condo Board Term Limits
In 2018, the Florida Legislature amended Fla. Stat. §718.112(2)(d)2., to address board member term limits. According to the statute, board members may not serve more than 8 consecutive years unless:
- There are not enough eligible candidates to fill the board seats, or
- The unit owners vote to re-elect the board member by at least two-thirds of all votes cast in the election.
This term limit provision applies only to condominium associations, not to homeowners’ associations which are governed under Chapter 720.
What Does “8 Consecutive Years” Mean?
The law specifies that the term limit applies to consecutive years. So, if a board member takes a break, even for just one year, the clock resets. That means someone could serve for 6 years, take a one-year break, and then be eligible to run again without restriction.
Important Clarifications Regarding Term Lengths
Term length (e.g., 1-year or 2-year terms) is set by your association’s governing documents. Therefore, your association could have very strict term limits, or none at all. Term limits do not automatically remove someone from office. A board member who has served 8 consecutive years is disqualified from appearing on the ballot unless the conditions for an exception are met. Important to note, these term limits do not apply retroactively to years served before the 2018 law took effect.
What Should Associations Do?
To comply with the law and avoid challenges to board elections, condo associations should keep detailed records of board member service years, update election procedures to include term limit checks and educate nominating committees and members about the exceptions to the 8-year rule. If you have questions about condo law and term limits as they apply to your COA, consult a qualified community law attorney.
Contact Us at Fernandez Law
Serving on a Florida condo board is a meaningful way to support your community, but it’s important to understand the limits and responsibilities of the role. If you need guidance interpreting term limit rules, planning your elections or updating your bylaws, Dania Fernandez & Associates, P.A. is here to help. Contact us today for expert legal support for your association.
