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Q&A: Serving on the Board

Q “I am the vice president of a small condo community and we are trying to find out if non-homeowners can serve on the board. Several of the homeowners would like renters to have a proxy vote. However, being a proxy and voting for an absent owner is different than having privileges to serve on the board. Our bylaws clearly state that board members must be homeowners.”

—Concerned in Coral Springs

A “While Florida law places certain restrictions on service on the Board of Directors, ownership of a unit or parcel in a Florida condominium, cooperative or homeowners association is not a statutory prerequisite for membership on the Board of Directors or the holding of an officer position,” says Russell Robbins, managing partner at the law firm of Mirza Basulto & Robbins in Coral Gables. However, most condominiums, cooperatives and homeowners associations’ bylaws require membership (ownership) in the community as a prerequisite for service on the Board of Directors either as a director or officer. On occasion, we do come across association’s governing documents that do not require membership (ownership) in the community as a requirement for service on the Board of Directors but those are typically found in smaller associations where the pool of potential directors/officers is often limited. Associations should consider amending their documents to require membership (ownership) in the community to ensure that those who serve on the board have a vested interest in the community.”

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