Can husband and wife serve on HOA board in Florida?
They can, but only under certain circumstances. The first is if the condominium has less than 10 units. If that is the case, then regardless of anything else — so long as each spouse is eligible — they can both be elected or appointed to the board.
Can a husband and wife be on the same board of directors?
In most states, spouses are allowed to sit on the board of the same nonprofit as long as the board meets the Internal Revenue Service requirements for nonprofit corporations.
Does a condo board member have to be a deeded owner in Florida?
The Florida Condominium Act provides that a candidate for the board is any eligible person who is timeline nominated. In other words, the default rule under the statute is that non-owner can serve on a condominium board of directors.
Are there term limits for Florida condo board members?
Amendments to the Florida Condominium Act enacted in 2018 provide that association board members may not serve more than eight consecutive years, unless they are elected by more than two-thirds of the voting membership or there are not enough eligible candidates to fill the board vacancies at the time of the election.
How many condo associations are in Florida?
“That’s less than two a month and we have more than 20,000 condo associations in Florida. There’s also nothing in that about the consequences of deferred maintenance and reserves.” The Sunshine State has more than 1.5 million condo units, the most of any state in the nation. Many were built in the 1960s, ’70s and ’80s.
How do I recall a condo board in Florida?
Homeowners may recall a member or members of their board by a vote at homeowner meeting or by written recall agreement. The statues and administrative rules applicable to recalls may be found at www.myfloridalicense.com/dbpr/lsc/statutes.html.
How do I recall an HOA board member?
The membership may initiate a petition designed to recall an elected board member. A majority vote by the membership is typically required to complete the recall. An association may want to recall one board member —or in some cases —the entire board.
Can you sue an HOA board member in Florida?
Even though Board members have a fair amount of protection under the law, it is actually a fairly common occurrence in Florida for Board members to be brought into lawsuits as direct Defendants. A person bringing such a claim must prove that the Board member breached his or her fiduciary duty to the association.
What are the key elements of the fiduciary duty of board members?
Fiduciary duty requires board members to stay objective, unselfish, responsible, honest, trustworthy, and efficient. Board members, as stewards of public trust, must always act for the good of the organization, rather than for the benefit of themselves.
What does fiduciary duty mean in law?
When someone has a fiduciary duty to someone else, the person with the duty must act in a way that will benefit someone else, usually financially. The person who has a fiduciary duty is called the fiduciary, and the person to whom the duty is owed is called the principal or the beneficiary.
How do I prove fiduciary duty?
To establish that a fiduciary duty existed, you need to show that there was a special relationship of trust between you and the other party. Examples of such relationships include those between an employee and employer, an attorney and client, and a trustee and beneficiary.