Among the major changes to Florida’s condominium laws in 2017 is a new provision mandating term limits for board members. The new legislation marks a significant departure from the past policies for most associations pertaining to the tenures of their board members, and it only applies to condo associations and not HOAs.

The newly codified law allowed for board members to serve two-year terms, if that is what is called for in their association’s bylaws. However, a board member may not serve more than four consecutive two-year terms. The only exemptions to this cap would be granted to candidates who achieve a 2/3 supermajority of the total voting interests and to associations that do not have enough eligible candidates to fill the board vacancies.

The Legislature does not appear to have intended this law to apply retroactively. Therefore, board members who have been serving consecutive two-year terms will not have to be immediately concerned that they will be unable to run for board seats going forward.

For those affected associations, this new law may cause some concerns. Some board members who have served extended numbers of years play vital roles as experienced providers of steady leadership. They are very aware of all of the administrative and operational details of a community, including its finances and long-term maintenance and construction issues.

The board member term limits law for Florida condominium associations will have a significant impact on many condo communities throughout the state. Condominium associations would be well advised to consult with highly experienced legal counsel regarding the details of the new law and how it will affect term-limited candidates.

The homeowners’ association attorneys at Stevens & Goldwyn, P.A. are experts in condominium law, contractual disputes, and HOA litigation. They specialize in representation for homeowners associations, assessment collection, foreclosures, civil litigation, and more.Stevens & Goldwyn, P.A. is located in Plantation, FL and provides services throughout Florida, including Fort Lauderdale, Miami, Palm Beach, Plantation, Pembroke Pines, Miami Beach, Pompano Beach, Hollywood, Aventura, and more.

Arrange a free, no-obligation consultation, where you can discuss your legal concerns with a partner of our firm. We look forward to answering your questions and seeing how we can meet your legal needs. Call us at 954-476-2680 or contact us online today.