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Exact part of Florida Staute 720 that addresses 2 people from the same lot being on the HOA Board, not condo board

Started by SmartS3 replies • 297 views

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SmartS (Florida)
Posts: 49
Posted:
Hi All,
This question is only regarding Florida HOA Law
just checking if anyone knows 1. In FL Statute 720 regarding HOA's (not COA's for Condos) if there is anything regarding 2 people from the same house serving on the Board of Directors at the same time.
2. If there is can someone tell me exactly the cite in 720 meaning exactly where in 720 it addresses that point.

Thank you in advance
ElleN (Idaho)
Posts: 1,334
Posted:
Smarts, always consider throwing questions like this into Google. Googling sends the reader to 720.306 (9) (a) and (b).

If you read (a) and (b), you will see that the statute's only limitation is that both people from the household be "members." Then read the statute's definition of "member."

Sometimes an opinion from a HOA attorney will be needed. E.g. suppose a couple is married; living in a HOA home; but only the wife's name is on the deed. Are they both members? Whether they are both members may depend on the covenants, bylaws, state law and more.

Your HOA's covenants and/or bylaws may have other limitations that apply.

The Board must also be mindful of conflicts of interest. E.g. suppose Director John Blutarsky is caught on camera violating the rule prohibiting alcohol at the HOA's community pool. Director Mandy Blutarsky is John's wife. Mandy must follow the rules for a conflict of interest.

LoriM15 (Florida)
Posts: 1,009
Posted:
Also, check your specific bylaws and declaration. In many cases, the statute says "Unless otherwise provided in the governing documents or required by law". For example, that means that if you have a lower threshold for a quorum, then your documents override the statute.

Also, check your bylaws to see how many voting members can be from a household. In most cases, only one vote per address can be counted.

Ours say this - so two members from the same household could not serve on our board.

4.2 Qualifications. Directors must be Members eligible to vote or spouses of Members. When a Parcel is owned by a corporation, a partnership, limited liability company or similar entity, any eligible voter, as described in Article 2.2 of these Bylaws, and the spouses of such persons, shall be eligible for Board service. When a Parcel is held in trust, grantors, trustees and beneficiaries of the trust (provided that the beneficiaries occupies the Parcel), and the spouses of such persons, shall be eligible for Board membership. If a grantor, trustee or beneficiary of a trust, or the spouse of such person, seeks candidacy and such person is not identified on the deed to the Parcel as the grantor, trustee or beneficiary of the trust, a copy of the trust document, affidavit of trust or abstract of trust prepared by a licensed attorney must be provided to the Master Association at least thirty-five (35) days prior to the date of the annual meeting. The trust document can be redacted to keep financial information confidential; however, the document must clearly indicate the grantor, trustee and the beneficiaries of the trust. No two (2) individuals from the same Parcel shall be eligible to serve on the Board at the same time, unless they own more than one (1) Parcel, in which case eligibility is limited to one (1) Director per Parcel.
KerryL1 (California)
Posts: 14,550
Posted:
Yes, per Lori, most likely in your Bylaws (not your CC&Rs.)

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