Avi S. Tryson
Editor’s note: Attorneys at Goede, DeBoest & Cross respond to questions about Florida community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, civil litigation, estate planning and commercial transactions.
Q: Our condominium association has a member on the board of directors that has been on the board for more than 10 years. Isn’t there a term limit to how long someone can be on the board? --G.D., Coral Springs
A: This issue has been the subject of much debate in recent years, but now has a more definitive answer, thanks to a few amendments to the Florida Condominium Act (Chapter 718, Florida Statutes). Historically, there were no term limits for board members of a condominium association. Section 718.112, Florida Statutes, which covers board elections, among other items, was first amended effective in 2018 to include a provision that board members could only serve for four consecutive terms of two years at most (later amended to make this a straight eight-year limit, regardless of length of terms). However, at the time it was not clear how this law should be applied to existing board members. For example, if a board member had been on the board for more than eight years at the time of the change to the law, would that person automatically be termed out (i.e. not eligible for reelection) in the next board election? The statute was then amended again to clarify this issue and provide that “only board service that occurs on or after July 1, 2018, may be used when calculating a board member’s term limit.” Therefore, at the time of this writing, no condominium board members in Florida are eligible to have hit their term limit just yet. The first board members to reach the term limits will do so in 2026 at the earliest. Please also note that the statute also provides two exceptions where a board member who has reached their term limit can still be eligible for the board: (i) if approved by an affirmative vote of unit owners representing 2/3 of all votes cast in the election, or (ii) if there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy.
From July 29: HOA Q&A: What are the changes in the law allowing flags to be flown?
From July 22: HOA Q & A: In a large roof replacement, what should be in agreement with contractor?
Q: We have some disagreement among the board members and our property manager about how long we need to keep certain records. Can you please explain the law for how long a condo association needs to keep their official records?--H.L., St. Petersburg
A: Section 718.111(12), Florida Statutes, governs the maintenance of the official records of a condominium association. Subsection (a) lists out all of the various types of official records that the association must maintain. Subsection (b) deals with how long each of the official records need to be kept for. Pursuant to the statute, the official records specified in subparagraphs (a)1-6, which includes plans, permits, copies of the governing documents, and the minutes of all meetings of the association, must be permanently maintained from the inception of the association. Bids for work to be performed or for materials, equipment, or services must be maintained for at least one year after receipt of the bid. Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by unit owners, must be maintained for one year from the date of the election. Structural integrity reserve studies must be maintained for at least 15 years after the study is completed. All other official records must be maintained within the state for at least seven years, unless otherwise provided by general law.
Avi S. Tryson, Esq., is Partner of the Law Firm Goede, DeBoest & Cross. Visit www.gadclaw.com or to 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, DeBoest & Cross, 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 advertisem*nts or this column.
