Can we require all Directors to live here full time?

By September 1, 2019 September 6th, 2019 Condo & HOA Law, Treasure Coast Palm

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.

 


John C. Goede Esq. is co-founder and shareholder of the Law firm Goede, Adamczyk, DeBoest & Cross, PLLC.  T o ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com.  The information provided herein is for informational purposes only and should not be construed as legal advice.  The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys.  Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein.  The hiring of an attorney is a decision that should not be based solely on advertisements or this column.