AnneG5 (Florida)
Posts: 11
Posts: 11
Posted:
Quick question re FL HOA: If an individual has a Cease & Desist against him, is he still allowed to run for the Board?
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Board Elegibility
Started by AnneG5 • 13 replies • 210 views
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MarkM19 (Texas)
Posts: 1,459
Posts: 1,459
Posted:
Anne,
The best way to get good results on this site is to give good information. Otherwise, we go down several different rabbit holes making assumptions. Here are a few questions that may help answers some questions.
1) Is this person currently on the board running for reelection?
2) Who is the C & D order protecting? Ex wife, another homeowner or another board member?
3) Is this information you have or is it something many in your community are aware of?
The best way to get good results on this site is to give good information. Otherwise, we go down several different rabbit holes making assumptions. Here are a few questions that may help answers some questions.
1) Is this person currently on the board running for reelection?
2) Who is the C & D order protecting? Ex wife, another homeowner or another board member?
3) Is this information you have or is it something many in your community are aware of?
LoriM15 (Florida)
Posts: 1,009
Posts: 1,009
Posted:
Just because he has a cease and desist does not make him ineligible for a board.
In general, as long as the person is current in their assessments and has not been convicted of a felony (or was but has had ALL their rights restored) then they can run for the board.
In general, as long as the person is current in their assessments and has not been convicted of a felony (or was but has had ALL their rights restored) then they can run for the board.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Also, what do your bylaws say about board eligibility?
* Is it restricted to owners only?
* Is it restricted to persons who are in good standing (ie. not delinquent in paying assessments)?
* Other?
FWIW, the barrier to getting a cease-and-desist letter filed is low - you just need a lawyer who's willing to write it.
Such a letter (along with restraining orders) can be used as a tool to harass others - ie. the recipient hasn't done anything wrong.
So be very careful not to draw any conclusions without knowing the details of the dispute that led to the letter being sent. Outsiders usually are not privy to such information, and spreading false information can get these folks into trouble themselves.
* Is it restricted to owners only?
* Is it restricted to persons who are in good standing (ie. not delinquent in paying assessments)?
* Other?
FWIW, the barrier to getting a cease-and-desist letter filed is low - you just need a lawyer who's willing to write it.
Such a letter (along with restraining orders) can be used as a tool to harass others - ie. the recipient hasn't done anything wrong.
So be very careful not to draw any conclusions without knowing the details of the dispute that led to the letter being sent. Outsiders usually are not privy to such information, and spreading false information can get these folks into trouble themselves.
DeanJ
Posts: 1,786
Posts: 1,786
Posted:
Quote:
Posted By AnneG5 on 02/08/2025 5:59 AM
Quick question re FL HOA: If an individual has a Cease & Desist against him, is he still allowed to run for the Board?
Quick question re FL HOA: If an individual has a Cease & Desist against him, is he still allowed to run for the Board?
Yes, they can run for the board. A cease and desist is basically a warning.
ElleN (Idaho)
Posts: 1,334
Posts: 1,334
Posted:
Quote:
Posted By AnneG5 on 02/08/2025 5:59 AM
Quick question re FL HOA: If an individual has a Cease & Desist against him, is he still allowed to run for the Board?
Quick question re FL HOA: If an individual has a Cease & Desist against him, is he still allowed to run for the Board?
If this is the case and ceteris paribus, then FS 720 is crystal clear that the HOA must allow this person to run for the board. If the person wins enough votes, the HOA must allow this person to sit on the board.
If you want a citation to the statute section that makes this crystal clear, ask.
AnneG5 (Florida)
Posts: 11
Posts: 11
Posted:
Thank you. If you have it readily available,that will be most helpful.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Exactly WHO sent this cease & desist Letter? "The HOA" is too vague. Was it from a person--say the community manager? Or the Board of Directors? Or the HOA's attorney?
How do you know about it, Anne?
How do you know about it, Anne?
ElleN (Idaho)
Posts: 1,334
Posts: 1,334
Posted:
Quote:
Posted By AnneG5 on 02/09/2025 11:31 AM
Thank you. If you have it readily available,that will be most helpful.
Thank you. If you have it readily available,that will be most helpful.
Except as provided in paragraph (b), 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; provided, however, that if the election process allows candidates to be nominated in advance of the meeting, the association is not required to allow nominations at the meeting. An election is not required unless more candidates are nominated than vacancies exist. If an election is not required because there are either an equal number or fewer qualified candidates than vacancies exist, and if nominations from the floor are not required pursuant to this section or the bylaws, write-in nominations are not permitted and such qualified candidates shall commence service on the board of directors, regardless of whether a quorum is attained at the annual meeting. 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 challenge to the election process must be commenced within 60 days after the election results are announced.
(b) A person who is delinquent in the payment of any fee, fine, or other monetary obligation to the association on the day that he or she could last nominate himself or herself or be nominated for the board may not seek election to the board, and his or her name shall not be listed on the ballot. A person serving as a board member who becomes more than 90 days delinquent in the payment of any fee, fine, or other monetary obligation to the association shall be deemed to have abandoned his or her seat on the board, creating a vacancy on the board to be filled according to law. For purposes of this paragraph, the term “any fee, fine, or other monetary obligation” means any delinquency to the association with respect to any parcel. A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or has been convicted of any offense in another jurisdiction which would be considered a felony if committed in this state, may not seek election to the board and 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 any action by the board is not affected if it is later determined that a person was ineligible to seek election to the board or that a member of the board is ineligible for board membership.
AnneG5 (Florida)
Posts: 11
Posts: 11
Posted:
Thank you. 😊
DouglasF2 (New Jersey)
Posts: 1
Posts: 1
Posted:
As a NJ Board member, our board has a dilemma. We recently had a qualified person elected to our board. It has been challenged by someone stating, "he is not on the deed", meaning he is not a member/owner. The by-laws do not specifically define who can be elected a board member except member/owners. In my opinion, it does not say the board is limited to member/owners. I do not like to make assumptions. Our management company and attorney claim "only member/owners" are permitted. I have not been able to meet and demand they "show me". The attorney cites The Radburn Law. I find nothing definitive in the law so far.
Any replies are appreciated.
Any replies are appreciated.
AnneG5 (Florida)
Posts: 11
Posts: 11
Posted:
Our Bylaws specifically read ..." Directors do not have to be members of
the Association or entitled to cast a vote in the Association...." We have had a great experience with leaving that as is; but recently had a very bad experience with one individual which is now causing us to rewrite parts of the Bylaws and making changes with specific exceptions. Hope this helps.
the Association or entitled to cast a vote in the Association...." We have had a great experience with leaving that as is; but recently had a very bad experience with one individual which is now causing us to rewrite parts of the Bylaws and making changes with specific exceptions. Hope this helps.
ElleN (Idaho)
Posts: 1,334
Posts: 1,334
Posted:
DouglasF2, please start a new thread.
... and this would not be unusual. Why? Because the original developer of the HOA may have wanted to be able to appoint non-HOA-members to the Board.
So far I do not see anything in the Radburn law that expressly says what the attorney claims. On the other hand, the law does require owners/members to be up-to-date on dues to be eligible to serve on the board. See NJSA 45:22A-23 . Arguably this implies that only an owner/member can serve on the board.
On the third hand, state law might very well say that a person owns property via marriage, even if the person is not listed on the deed.
Quote:
Posted By DouglasF2 on 02/18/2025 2:22 PM
As a NJ Board member, our board has a dilemma. We recently had a qualified person elected to our board. It has been challenged by someone stating, "he is not on the deed", meaning he is not a member/owner. The by-laws do not specifically define who can be elected a board member except member/owners. In my opinion, it does not say the board is limited to member/owners.
As a NJ Board member, our board has a dilemma. We recently had a qualified person elected to our board. It has been challenged by someone stating, "he is not on the deed", meaning he is not a member/owner. The by-laws do not specifically define who can be elected a board member except member/owners. In my opinion, it does not say the board is limited to member/owners.
So far I do not see anything in the Radburn law that expressly says what the attorney claims. On the other hand, the law does require owners/members to be up-to-date on dues to be eligible to serve on the board. See NJSA 45:22A-23 . Arguably this implies that only an owner/member can serve on the board.
On the third hand, state law might very well say that a person owns property via marriage, even if the person is not listed on the deed.
MarshallT (New York)
Posts: 414
Posts: 414
Posted:
Generally speaking, yes they can still run for a seat unless the governing documents say otherwise. Usually a person cannot run if they have been convicted of a felony or are not in good standing with the association.
The matter could change though if the order was made by another member of the community.
The matter could change though if the order was made by another member of the community.
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