HOA Staggered Term Limits in Florida

Hi Les:

The Florida 2010 State Statutes for Condominiums can be found here:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718ContentsIndex.html&StatuteYear=2010&Title=%2D%3E2010%2D%3EChapter%20718

This is what I found pertaining to board terms:

(d) Unit owner meetings.—

1. An annual meeting of the unit owners shall be held at the location provided in the association bylaws and, if the bylaws are silent as to the location, the meeting shall be held within 45 miles of the condominium property. However, such distance requirement does not apply to an association governing a timeshare condominium. Unless the bylaws provide otherwise, a vacancy on the board caused by the expiration of a director’s term shall be filled by electing a new board member, and the election must be by secret ballot. However, if the number of vacancies equals or exceeds the number of candidates, an election is not required. Except in a timeshare condominium, the terms of all members of the board expire at the annual meeting and such board members may stand for reelection unless otherwise permitted by the bylaws. If the bylaws permit staggered terms of no more than 2 years and upon approval of a majority of the total voting interests, the association board members may serve 2-year staggered terms. If the number of board members whose terms have expired exceeds the number of eligible members showing interest in or demonstrating an intention to run for the vacant positions, each board member whose term has expired is eligible for reappointment to the board of administration and need not stand for reelection. In a condominium association of more than 10 units or in a condominium association that does not include timeshare units or timeshare interests, coowners of a unit may not serve as members of the board of directors at the same time unless they own more than one unit or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy. Any unit owner desiring to be a candidate for board membership must comply with sub-subparagraph 3.a. A person who has been suspended or removed by the division under this chapter, or who is delinquent in the payment of any fee, fine, or special or regular assessment as provided in paragraph (n), is not eligible for board membership. A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or who has been convicted of any offense in another jurisdiction that would be considered a felony if committed in this state, is not eligible for board membership unless such felon’s civil rights have been restored for at least 5 years as of the date on which such person seeks election to the board. The validity of an action by the board is not affected if it is later determined that a member of the board is ineligible for board membership due to having been convicted of a felony.

Les,

Are the members of the Master Association elected or are they representatives from sub associations?

First of all, this "Lawyer?" which I question, says that it is illegal to have term limits? Say What???

What you will need to do is to provide us with the wording from the MASTER ASSOCIATION documents on the part that addresses the officers, like how they are elected/appointed, etc. By what percent are amendments added or changed. Then we can help.

If there is no statement in the Master Bylaws, then there are no term limits. 712, HOA Satutes do not have any regulations on term limits. That would be the association documents only.

Hi Les … you are correct they are not the same.

Here is the HOA Florida Statutes:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720ContentsIndex.html&StatuteYear=2010&Title=-%3E2010-%3EChapter%20720

I thought you were in a Condo due to:

The HOA Board president indicates that it is not legal to prevent a person from running for a HOA Board position, and indicates a paper written by a lawyer indicates it is not legal for a condo community. A son of a HOA resident is a lawyer who specializes in HOA/Condo law, teaches at the University of Florida, and has told his parents that it is NOT illegal of change the documents to specify staggered term limits.

This is from the HOA statutes:

(9) ELECTIONS AND BOARD VACANCIES.—

Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association. All members of the association are eligible to serve on the board of directors, and a member may nominate himself or herself as a candidate for the board at a meeting where the election is to be held or, if the election process allows voting by absentee ballot, in advance of the balloting. Except as otherwise provided in the governing documents, boards of directors must be elected by a plurality of the votes cast by eligible voters. Any election dispute between a member and an association must be submitted to mandatory binding arbitration with the division. Such proceedings must be conducted in the manner provided by s. 718.1255 and the procedural rules adopted by the division. Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by an affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. In the alternative, a board may hold an election to fill the vacancy, in which case the election procedures must conform to the requirements of the governing documents. Unless otherwise provided in the bylaws, a board member appointed or elected under this section is appointed for the unexpired term of the seat being filled. Filling vacancies created by recall is governed by s. 720.303(10) and rules adopted by the division.

If you review: CHAPTER 617 CORPORATIONS NOT FOR PROFIT … as most HOA are Non-Profit Corporations.

This section states:

617.0806
Staggered terms for directors.
The articles of incorporation or bylaws may provide that directors be divided into classes. Each director shall hold office for the term to which he or she is elected or appointed and until his or her successor has been elected or appointed and qualified or until his or her earlier resignation, removal from office, or death.
History. s. 41, ch. 90-179; s. 83, ch. 97-102; s. 27, ch. 2009-205.

I hope this helps you.

Hi Les:

The members of the Master Board are elected by a vote. I do not have a copy of the Docs, but in essence there is an annual election today and the term of each member is one year. The problem is that they are a clique, and very few people have ever run as a result. They then control the committees.

You should be able to get a copy of the Master documents from your County Records Office.

In order to change the Association Documents, 67% of the homeowners must approve the change.

This is true, but it is also very possible if someone will work a little towards the goal especially if it is for a good reason. For the right reason’s people will rally together.

Four years ago, a committee recommended staggered term limits be put on a ballot for potential Doc change. However, the Board voted to not pursue this doc change since they like lifetime control jobs.

Boards are not the only ones who can call meetings.

720.306 Meetings of members; voting and election procedures; amendments. —

(3) SPECIAL MEETINGS.—Special meetings must be held when called by the board of directors or, unless a different percentage is stated in the governing documents, by at least 10 percent of the total voting interests of the association. Business conducted at a special meeting is limited to the purposes described in the notice of the meeting.

Because the election was today … I would recommend trying to work with the new board (maybe there will be new members elected) to implement what the majority of members feel is best for your association. If board is not willing to make it a team effort, there are alternative options. However, the majority of homeowners need to be on board regarding this issue. It cannot be something that just you or a few members want to implement, so you need to determine who is on board.

So lets see the current Board is doing a decent job BUT not receptive to "new" ideas in the opinion of some.

There is an election to vote for Board members but since no one new (those with the "new" ideas) ever runs the Board members stay the same.

Now we have a "clique" understanding of course this clique is permitted to hold office by the members.

So the solution is term limits. Now not sure if the OP is suggesting staggered terms or actual term limits it's confusing.

Staggering terms will do nothing. And term limits just might force some of the current Board OFF the Board so all the owners with all the "new" ideas can take over. Now that makes real sense.

Why not appreciate you having a group of Board members who are doing a decent job and IF some large group of owners need to have their "new" ideas implemented why can't one or more of them run for election???? Just like most Board members do.

When you can't get what you want take the easy route and change the rules to eliminate those people who volunteer their time serving your property. Now that's gratitude for you.

You are doing a decent job (one that I more than likely could not or will not do) but I support forcing you out of office.

Sounds about right......................

Yes the current Board is doing a decent job so lets get involved and see if we can muck itm up in the name of "new" ideas>

I for one would love to hear the details of the ideas the Board has not been receptive to. I can only imagine.

So when the elected Board doesn't do as YOU think, they should work to change the rules to force them out.

There you go.......................