ELECTIONS – UPDATING ISSUES REGARDING ELIGIBILITY FOR BOARD OF DIRECTORS

Community Association Legal Update    Elections – Updating Issues Regarding Eligibility for Board of Directors     By: Andrew Cuevas, Esq. E-mail: acuevas@cuevaslaw.com Tel:      (305) 461 9500 Fax:     (305) 448 7300 Cuevas, Ortiz & Cubas, P.A. 7480 SW 40th Street, Suite 600 Miami,FL 33155 It is Election Season again and every year there seems to be a recurring theme to questions posed to our offices as community association attorneys:  “Who is eligible to be a candidate for the Board of Directors?”  There are slight but important differences between the laws that apply to Condominium Associations and those that apply to Homeowner Associations.  Recently there were certain changes in the Condo Act and the HOA Act which impact Community Associations.  This article is intended to make you aware of some of the changes, but is not intended to be a full explanation of rules governing elections. Condominium Associations – pertinent information / changes Florida Statute §718.112(2)(d) addresses some of the issues related to Candidacy and Voting Eligibility for condominium associations, and provides in part as follows: Board members terms do not expire at the annual meeting if all of the member terms would expire but there are no candidates. If the number of candidates are less than the number of board members whose terms are expiring, all pre-qualified candidates shall become board members at the adjournment of the annual meeting.  Any seats not filled by the seating of the pre-qualified candidates shall be filled by the affirmative vote of the majority of the directors making up the new board, even if the directors constitute less than a quorum or if there is only one director. A candidate must be eligible to serve on the board at the time of the deadline for submitting a notice of intent (40 days before the election) in order for his or her name to be listed as a proper candidate on the election ballot.  Therefore, those candidates who want to be on the ballot must not be more than 90 days past due on their maintenance at least 40 days before the election, and should not be included in the ballot sent with the second notice of election if they are more than 90 days behind with their maintenance obligations. Newly elected board members must complete the education curriculum administered by a Division-approved condominium education provider (in lieu of providing a written certification), either one year before or 90 days after election or appointment. A written certification or educational certificate is valid and does not have to be resubmitted as long as the director serves on the board without interruption Homeowner Associations – pertinent information / changes A persons more than 90 days delinquent in the payment of any fee, fine or other monetary obligation to the homeowner association or has been convicted of a felony in Florida or an offense in another jurisdiction that would be considered a felony in Florida (unless such felon’s civil rights have been restored for at least 5 years as of the date on which he or she seeks election to the board) is not eligible to serve on the board of the home owner association. Provides that the validity of any action taken by the Board is not affected if it is later determined that a member of the Board is ineligible to serve on the board. The Law Office of Cuevas, Ortiz & Cubas, P.A., is authorized by the Department of Business and Professional Regulation for the State of Florida, as a Community Association Manager Continuing Education Provider, and has obtained approval to administer the Board Member Certification Course titled “Board Member Certification – Knowing Your Responsibilities”.  Please feel free to contact our office with any questions. Mr. Andrew Cuevas, Esq., is the President of Cuevas, Ortiz & Cubas, P.A., and oversees the firm’s Community Association Division.  If you have any questions regarding this article or any other questions, you can contact Mr. Cuevas at (305) 461-9500 or at acuevas@cuevaslaw.com.  If you are interested in reading previous newsletters issued by the firm, please visit www.cuevaslaw.com, select the icon for News Room, then choose Newsletter, and thereafter select the category of Community Association News. The Law Office of Cuevas, Ortiz & Cubas,P.A.is providing this newsletter as a brief summary of certain aspects of community association law.  The information provided herein is for informational purposes only and should not be construed as legal advice.  The publication of this news letter does not create any attorney-client relationship between the reader and Cuevas, Ortiz & Cubas, P.A..  The hiring of an attorney is a decision that should not be based solely on advertisements or this newsletter.  Before you decide, ask us to send you free written information about our qualifications and experience.

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