Florida Single Family Home Residency Req

Started by ArtB1 • 4 replies • 326 views

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ArtB1 (Florida)
Posts: 97

Posted:

Looking for confirmation from anyone who knows Florida law.

Can an HOA Board member be a non resident?

The current board member sold their home and is moving out of the subdivision but is claiming that they are on the title for another home in the subdivision. Tax records do not seem to support this.

Our covenants do not address residency.

My reading of Florida law seems to indicate only membership (ownership) is required.

Any thoughts other than asking our attorney?

Thanks

SheliaH (Indiana)
Posts: 6,964

Posted:

Why haven't you read your community Bylaws? They usually dictate how the association is to be run (CCRs usually address the use of the common area), which means they'd also address who can be an association member and requirements to be a board member. I know you may not want to contact the association attorney about this, so you may have to go to your state website where Florida HOA law is located and do some digging - Googling is usually a good place to start.

While you're doing that, keep an eye on the effective date - in some cases, it may only apply to HOAs established on or after a certain date and if your community is older, you probably don't have to worry about that portions. From what I've seen from Florida people posting here, there seems to be a set of statutes for HOAs and another for condos, so make sure you're looking at the right thing.

Having said that, if the board member is on the title on another house, you might want to check the county recorder to see what they have. If you still can't find anything, that board member should be able to present paperwork reflecting his/her status, and them you might want to have the attorney take a look.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

DouglasK1 (Florida)
Posts: 2,046

Posted:

I don't think there is anything in FL law that limits rights of non resident owners. I don't think restrictions like that are common in CCRs or bylaws, and might be on dubious legal footing if they were. If some people think that residency should be a factor, then they should make that a campaign issue at election time. Then the owners can decide if they prefer resident owners for the board or not. If your association is like many, just getting enough candidates to fill a board can often be an issue, so the issue would be moot in that case.

In some cases directors don't even need to be owners, what do your bylaws say? My association bylaws written by the developer did not require directors to be owners. After turnover no non owners ever ran for the board, but if they did, then again it could be made a campaign issue by others running for the board.

If your bylaws do require directors to be members, ask the direct who recently sold to provide documentation that shows they have ownership in another lot.

Escaped former treasurer and director of a self managed association.

AugustinD
Posts: 3,698

Posted:

ArtB1, for Florida single family home yada HOAs, FS 720.306 (9) lists statutory eligibility requirements. In a nutshell, those HOA members who are delinquent in the payment of assessments by a certain amount and certain felons are not eligible to serve on boards. Otherwise, the statute says all members of the HOA are eligible to serve on the board.

The statute does not prohibit non-members of the HOA from serving on the board.

Your bylaws may or may not prohibit non-members from serving as directors. If your bylaws say non-members may serve as directors, then this is the law. Granted such verbiage is often a relic of the days when the HOA was still controlled by the Declarant. Arguably the latter should be fixed by a formal, recorded amendment. Until any such verbiage is fixed by amendment, the verbiage is an enforceable contractual term.

To confirm title to a property, go to the county clerk and ask for all documents pertaining to the address. There should be a deed, mortgage et cetera recorded in the name of this person claiming to still own a home in the HOA.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Aside from state law, there is a practical reason why non-residents may not be able to serve on boards. A board members main duty is to participate in board meetings, and many associations still hold in-person meetings. I've seen bylaws with language stating that three absences from board meetings is considered to be a resignation, or something similar.

And homeowners may believe that someone who does not live in the community will not know enough to be an effective board member - and there is something to be said for that point of view.

So, law or no law, a non-resident may not get elected to serve regardless of what the law says.

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