Cameron Miranda
In 2017, Florida amended its Condominium Act to include term limits for board members. This law was further revised in 2018 to clarify that board members may not serve more than eight consecutive years, unless they are approved by an affirmative vote of two-thirds of all votes cast in the election or if there are not enough eligible candidates. This change caused confusion, especially for associations without two-year board terms and those who had served on the board prior to the effective date of the new law. As a result, the law was amended again in 2018 to include provisions for calculating term limits. The first board members to reach their term limits will do so in 2026.
| Characteristics | Values |
|---|---|
| Applicable laws | Florida Condominium Act (Chapter 718, Florida Statutes) |
| Florida Homeowners' Association Act (Chapter 720, Florida Statutes) | |
| Previous term limits | None |
| Current term limits | Four consecutive two-year terms |
| Eight consecutive years | |
| Exceptions | Approval by an affirmative vote of unit owners representing 2/3 of all votes cast in the election |
| Not enough eligible candidates to fill board vacancies | |
| Record-keeping requirements | Plans, permits, copies of governing documents, and meeting minutes must be permanently maintained |
| Bids for work/materials/equipment/services must be kept for at least one year after receipt | |
| Ballots, sign-in sheets, voting proxies, and related records must be kept for one year from the election | |
| Structural integrity reserve studies must be kept for at least 15 years | |
| All other official records must be maintained within the state for at least seven years unless otherwise specified by law |
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What You'll Learn
- Florida Condominium Act: Chapter 718 of the Florida Statutes
- Term limits: No more than eight consecutive years
- Exceptions: 2/3 supermajority vote or not enough eligible candidates
- Retroactivity: Does the statute count terms before its enactment
- HOA laws: No term limits for Florida Homeowners' Associations
Florida Condominium Act: Chapter 718 of the Florida Statutes
The Florida Condominium Act (Chapter 718, Florida Statutes) underwent amendments in 2017 and 2018 to include term limits for board members. Prior to July 1, 2017, there were no term limits within the Condominium Act, and any term limits would have needed to be specified in the Association's governing documents.
The 2018 amendment clarified that "only board service that occurs on or after July 1, 2018, may be used when calculating a board member's term limit." This means that board members serving prior to this date would not have their previous years counted against the new term limit. The first board members to reach the term limits will do so in 2026 at the earliest.
The current term limit, as per the Florida Statutes §718.111(2)(d)(2) and §718.112(2)(d)(2), is eight consecutive years, with board members serving four-year terms. This means a board member may not serve more than two consecutive four-year terms. However, there are two exceptions to this rule:
- If approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election (known as a supermajority), a candidate who has reached their term limit may still be eligible.
- If there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy, a member who has reached their term limit may still be eligible.
It is important to note that the applicability of these term limits depends on the governing documents of the Association. If the documents do not contain "Kauffman" language, which allows for the incorporation of subsequent statutory amendments, the term limitations may not be applicable.
The Florida Condominium Act also outlines requirements for maintaining official records. These include permanently maintaining plans, permits, copies of governing documents, and minutes of all association meetings. Bids for work, materials, or services must be kept for at least a year, while ballots, sign-in sheets, voting proxies, and other voting records must be maintained for one year from the election date. Structural integrity reserve studies must be kept for at least 15 years, and all other official records must be maintained within the state for a minimum of seven years unless otherwise specified by law.
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Term limits: No more than eight consecutive years
In Florida, there is a law that limits board members to serving no more than eight consecutive years. This law was enacted in 2017 and amended in 2018, and it applies to condominium associations and not HOAs. The law states that board members can serve two-year terms, as outlined in their association's bylaws, but they cannot serve more than four consecutive two-year terms (eight years).
This law is a significant departure from past policies, which had no term limits for board members of condominium associations. The new legislation has impacted many condo communities throughout the state, and it has sparked debate among practitioners, especially regarding its retroactive application.
There are two exceptions to the term limit cap. The first is that a board member who has reached their term limit can still be eligible for the board if approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election. The second exception is if there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy.
It is important to note that this law does not apply retroactively to board members who were serving consecutive two-year terms before the law was enacted. Additionally, an Association's governing documents may contain "Kauffman" language, which allows for the incorporation of subsequent statutory amendments. In this case, the statutory amendment imposing term limits may not be applicable, and long-standing board members may still be eligible for candidacy.
While the Florida Department of Business and Professional Regulation (DBPR) has addressed the issue, it has not yet been reviewed by the Courts to determine the legality of retroactive application. It is anticipated that the legislature will make further amendments to this provision in the future.
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Exceptions: 2/3 supermajority vote or not enough eligible candidates
In Florida, condominium associations must now comply with term limits for board members. This marks a significant departure from past policies, which allowed board members to serve indefinitely.
The new legislation, which came into effect in 2018, allows board members to serve two-year terms, with a maximum of four consecutive terms (eight years in total). However, there are two exceptions to this rule:
- Supermajority Vote: A board member can serve another term if they are approved by an affirmative vote of unit owners representing 2/3 of all votes cast in the election. This is achievable, as only 20% of eligible voters need to cast a vote for an election to be valid.
- Lack of Candidates: If there are not enough eligible candidates to fill the vacancies on the board, a current board member who has reached their term limit can remain on the board.
These exceptions provide flexibility in situations where it may be challenging to find enough qualified candidates to serve on the board or when a particular board member's continued service is deemed crucial by a supermajority of voters.
Given the recent implementation of these term limits, no condominium board members in Florida have reached their term limit as of 2023. The first board members to reach their term limits will do so in 2026 at the earliest.
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Retroactivity: Does the statute count terms before its enactment?
The retroactivity of the statute regarding term limits for Florida condominium board members has been a subject of debate and interpretation. The statute, enacted in 2017 and amended in 2018, imposes an eight-year term limit on board members, but it is unclear if this includes years served before the statute's enactment.
Initially, it was generally understood that the law was not intended to be retroactive, as there was no explicit language indicating retroactivity. This interpretation suggested that the eight-year term limit would only apply to board members seated after the effective date of the statute, which was July 1, 2018.
However, the Division of Florida Condominiums, Timeshares, and Mobile Homes ("the Division") issued a Declaratory Statement in response to a query from a condominium association on Marco Island. The Division stated that years of service prior to the effective date of the statute would count towards the eight consecutive years of service. This statement indicates a potential shift in their position on the retroactivity of the statute.
The Florida Department of Business and Professional Regulation (DBPR) has also interpreted the statute as retroactive, but as of 2021, the Courts had not reviewed this interpretation.
The lack of clarity on retroactivity and the eligibility of long-serving board members has led to confusion and ongoing debate. To address this, the Legislature amended the law in 2018 to clarify that only board service occurring on or after July 1, 2018, would be considered when calculating a board member's term limit.
In conclusion, while there are differing interpretations, the statute's retroactivity remains unresolved as it has not been reviewed by the Courts. The Legislature's amendment in 2018 provides some clarity by setting a cut-off date for term limit calculations, ensuring that the first board members to reach term limits will do so in 2026 at the earliest.
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HOA laws: No term limits for Florida Homeowners' Associations
In Florida, homeowner associations (HOAs) are subject to a complex array of federal and state laws. These laws ensure that all practices are fair and legal for homeowners. Florida's HOAs must follow the Florida Homeowners Association Act under Title 40 Chapter 720 and the Florida Condominium Act. They must also comply with federal legislation such as the Fair Housing Act and the Fair Debt Collection Practices Act.
HOAs in Florida have the authority to regulate common areas, collect charges for these areas, enforce community covenants, and impose fines or liens against non-compliant homeowners. However, they must adhere to fair debt collection practices as outlined in Florida's Consumer Collection Practices Act. HOAs must also maintain detailed financial records, providing a clear picture of the association's fiscal health. These financial statements should be made available to members annually.
While there are term limits for board members of condominium associations in Florida, there are currently no term limits for board members of HOAs. This means that an HOA board member can serve an unlimited number of terms.
It is important to note that HOA laws in Florida are constantly evolving, and new laws can impact the rights of homeowners and the responsibilities of HOAs. For example, in 2023, six bills were signed into state law, reshaping homeowner rights and HOA responsibilities. One of these, the "Homeowners' Association Bill of Rights," protects HOA members from being fined or suspended for violating bylaws or rules without a two-week notice delivered to their email or mailing address.
To stay informed about their rights and responsibilities, Florida homeowners are encouraged to review updates to HOA laws on state resource sites or by contacting their HOA's board of directors.
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Frequently asked questions
Board members in Florida may not serve more than eight consecutive years, unless they are approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election, or if there are not enough eligible candidates to fill the vacancies.
The Florida Condominium Act was amended effective July 1, 2018, to include the term limit law.
Prior to July 1, 2017, there were no term limits within the Condominium Act, and any term limits would need to be expressed in the Association's governing documents.
No, the term limit law only applies to condominium associations and not HOAs.
