Florida resident definition

Our HOA (Florida) bylaws say that a Board member must be "a resident of xxx County, Florida". It does not define resident any further. We have taken this to mean that according to property records, the owner is homesteaded or shows an address of record in the subdivision.

I seem to recall that FL 720 also had a residency requirement for being a Board member - however I can't seem to locate it.

Any of you FL experts have specific information on this issue?

peter

Peter,

This is the Statute from the Not For Profit Orgs. This is where your Articles of Inc come from.

"617.0802 Qualifications of directors.--

(1) Directors must be natural persons who are 18 years of age or older but need not be residents of this state or members of the corporation unless the articles of incorporation or bylaws so require. The articles of incorporation or the bylaws may prescribe additional qualifications for directors.

(2) In the event that the eligibility to serve as a member of the board of directors of a condominium association, cooperative association, homeowners' association, or mobile home owners' association is restricted to membership in such association and membership is appurtenant to ownership of a unit, parcel, or mobile home, a grantor of a trust described in s. 733.707(3), or a beneficiary as defined in s. 737.303(4)(b) of a trust which owns a unit, parcel, or mobile home shall be deemed a member of the association and eligible to serve as a director of the condominium association, cooperative association, homeowners' association, or mobile home owners' association, provided that said beneficiary occupies the unit, parcel, or mobile home.

Peter,

I interpret your bylaws to mean a board member must reside in xxx County. He does not need to reside in your subdivision, he/she can reside anywhere in the Co. lso, your bylaws would prevail as the nonprofit corp act says unless otherwise stated in your articles of inc or bylaws.