Q: I am a full-time resident, but all of our Directors are seasonal residents and they are only here for half of the year. When they are not here, the property looks worse. When they come back, they re-institute a rigorous maintenance plan. Can we require all Directors to live here full time?
P.R., Stuart
A: No, the statute sets forth criteria which determine eligibility and ineligibility for Directors. For example, if you are delinquent in the payment of assessments or other monetary obligations to the Association for more than 90 days, you are not eligible. If you have certain civil rights suspended due to a criminal background, you are not eligible. If you have been suspended by the Florida Department of Business and Professional Regulation, you are not eligible. Otherwise, the Division of Condominiums has determined that the condominium may not place residency restrictions on eligibility. Thus, although I agree that full time residency would help your argument to achieve year-round maintenance consistency, these restrictions on eligibility are generally struck down as unenforceable.
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