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Subject: Does 720 supersede bylaws?
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Author Messages
MarkK21
(Florida)

Posts:1


10/30/2019 6:24 PM  
In Florida, our HOA bylaws (which are older than 720) says members who want to serve on the board must live in the community at least 9 months out of the year. Florida 720 statutes states any member in good standing can be elected as a board of director. Does a member have to live in the community 9 months out of the year to be on the board?
SueW6
(Michigan)

Posts:608


10/30/2019 7:10 PM  
According to your bylaws, “In good standing” includes being a resident for 9 months.
TimB4
(Virginia)

Posts:16542


10/30/2019 7:45 PM  
good standing typically refers to being current on assessments.
GenoS
(Florida)

Posts:3328


10/30/2019 9:45 PM  
The Florida Statutes override your Bylaws in this area. Felony convictions aside, anyone who's delinquent in paying any money owed cannot appear on the ballot. But they're still eligible to be appointed to fill a vacancy. Unless they become 90 days late in any payments. Then they're deemed to have abandoned their seat on the board.

Residency requirements in Florida were shot down years ago.
TimB4
(Virginia)

Posts:16542


10/31/2019 3:29 AM  
Posted By GenoS on 10/30/2019 9:45 PM

Residency requirements in Florida were shot down years ago.




If you can provide the legal or statutory basis for this it would probably help the OP
SueW6
(Michigan)

Posts:608


10/31/2019 6:54 AM  
Section 718.112(2)(d)4

Looks like this board will have to amend its bylaws.
AugustinD


Posts:1990


10/31/2019 9:04 AM  
Florida Chapter 720 appears to apply to all HOAs, regardless of when they were built. See 720.302, http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.302.html

Sections 720.306(9)(a) and 720.306(9)(b) indicate that the only way a Florida HOA can disqualify an owner for board membership is if the owner is delinquent in payment of assessments (like TimB4 wrote) or is a felon who has not had her or his civil rights restored in the last five years. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.306.html

As Geno knows, Florida has a HOA statute (Chapter 720) and a condominium statute (Chapter 718). The two statutes do have differences. For Florida condominiums, it appears to me that 718.112(2)(d)(2) is the basis for the argument that a non-resident owner is eligible to serve on the board. The following site states that the Division of Florida Condominiums, Timeshares, and Mobile Homes has ruled thusly for Florida condominiums:

https://beckerlawyers.com/association-cannot-restrict-board-to-florida-residents/

Aside: I think the above web site has a typo. It cites "718.112(2)(d)4" I think this is supposed to be 718.112(2)(d)(2).
GenoS
(Florida)

Posts:3328


10/31/2019 12:08 PM  
See Jerry Moore Florida Operations, LLC v. The Park Homeowners, Ass’n, Inc.
Arb. Case No. 2015-03-1417, Summary Final Order (December 21, 2016) (Bylaw’s residency requirement for nominees found invalid).
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