Issue: My condominium election is approaching and the ballot was recently circulated. Some of the candidates are not owners and other candidates are owners but only live here a few weeks out of the year. Doesn’t Florida law require Directors to be members of the association or Florida residents?
K.T. Naples
Answer:
This may surprise you, but Florida law does not require Directors in a condominium association to be owners of a unit in the association. Most of our condominium clients require Directors to be members, but this is because their particular bylaws or condominium documents require Directors to be members, not because of the Florida Statutes. If your governing documents are silent on this issue, anyone could be a Director assuming they were otherwise eligible under Florida law.
Next, we are often asked whether the Association can require Directors to be full time residents. Residency is not a valid restriction on eligibility and therefore a candidate may be a full time, part time, or non-resident.