Term Limits HOA Florida

ToddO1 (Florida)
Posts: 4

Posted:

I've been on our HOA board for over 6 years and was wondering if there is a law that limits how long I can be on our board. I found this in our documentation, but I'm not sure what it really means.

Section 2. Term of Office. At the first annual meeting following the cessation of the Class “B" Membership, the Members shall elect two (2) Directors for a term of one (1) year, two (2) Directors for a term of two (2) years and one Director for a term of three (3) years. The Individual receiving the largest number of votes shall serve as Director for three (3) years, the two Individuals receiving the second and third largest vote shall serve as Directors for two (2) years; and the two Individuals receiving the fourth and fifth largest vote shall serve as Directors for one year. At each annual meeting thereafter the Members shall elect the appropriate number of Directors for a term of three (3) years.

Thanks

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By ToddO1 on 04/09/2021 11:33 AM
I've been on our HOA board for over 6 years and was wondering if there is a law that limits how long I can be on our board. I found this in our documentation, but I'm not sure what it really means.

Section 2. Term of Office. At the first annual meeting following the cessation of the Class “B" Membership, the Members shall elect two (2) Directors for a term of one (1) year, two (2) Directors for a term of two (2) years and one Director for a term of three (3) years. The Individual receiving the largest number of votes shall serve as Director for three (3) years, the two Individuals receiving the second and third largest vote shall serve as Directors for two (2) years; and the two Individuals receiving the fourth and fifth largest vote shall serve as Directors for one year. At each annual meeting thereafter the Members shall elect the appropriate number of Directors for a term of three (3) years.

Thanks

What's stated are not term limits in the way "term limits" are meant in national and state politics. The limits just mean that the person has to run for office when her or his term is about to expire.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By AugustinD on 04/09/2021 11:59 AM

Posted By ToddO1 on 04/09/2021 11:33 AM
I've been on our HOA board for over 6 years and was wondering if there is a law that limits how long I can be on our board. I found this in our documentation, but I'm not sure what it really means.

Section 2. Term of Office. At the first annual meeting following the cessation of the Class “B" Membership, the Members shall elect two (2) Directors for a term of one (1) year, two (2) Directors for a term of two (2) years and one Director for a term of three (3) years. The Individual receiving the largest number of votes shall serve as Director for three (3) years, the two Individuals receiving the second and third largest vote shall serve as Directors for two (2) years; and the two Individuals receiving the fourth and fifth largest vote shall serve as Directors for one year. At each annual meeting thereafter the Members shall elect the appropriate number of Directors for a term of three (3) years.

Thanks

What's stated are not term limits in the way "term limits" are meant in national and state politics. The limits just mean that the person has to run for office when her or his term is about to expire.

I agree.

ToddO1 (Florida)
Posts: 4

Posted:

Thanks

MarkM19 (Texas)
Posts: 1,459

Posted:

Also this is only done when the community is separating from Developer Control or Declarant control to homeowner controlled. This is done to setup the Elections so that all board members seats do not expire at the same time. In your case and in many others with 5 member boards every year either 2 board members terms expire or 3 members expire and they have to run for the seat again if they choose.

I think term limits are not a bad idea But I have never seen it in the CC&Rs I have read and would require a majority vote of the HOA which means 67% in favor of establishing term limits. In many HOAs it is a struggle to get enough Butts to fit in the seats.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I know of one set of Bylaws for a Fraternal Group that does have term limits. One cannot serve more then two consecutive terms (2 year terms) on the BOD. I have never seen such in an HOA.

KerryL1 (California)
Posts: 14,550

Posted:

Our past Board wanted term limits of 2 two-year terms simultaneously with a two-year break before the person could serve again. CA HOA election laws now preclude that.

Yes, it would be in the Bylaws.