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The Florida legislature’s confusing rollout of board member term limits for condominium association directors created many initial questions about how and when the term limits applied. Some directors still have lingering questions and uncertainties, so hopefully, this article will help to resolve those.
Board member term limits were first added to the Florida laws governing condominium associations in 2017 when they were imposed for a maximum of four consecutive two-year terms. However, the legislature gave a reprieve for “termed out” directors who received votes from more than 2/3 of the voting interests of the association, and also for associations with insufficient numbers of candidates to fill the vacancy.
Confusion reigned. Associations that did not have two-year board terms were unsure as to how the limits were to be applied, and there was uncertainty as to how board service prior to the effective date of the new law would apply against the limits.
As a result, the state’s lawmakers made further changes to the new law the following year in 2018. Those amendments made it clear that a board member may not serve more than eight consecutive years, unless the director received votes from at least 2/3 of all votes cast in the election or in cases where there were not enough eligible candidates to fill the vacancies. However, questions remained over when to start calculating the eight-year term limit.
In 2021, additional changes further clarified that only board service occurring on or after July 1, 2018, would apply to calculating a board member’s term limit. This means that the very first term-limited directors will be those who have served eight consecutive years in mid-2026.
Some condominium association bylaws may already contain term limits, but most do not. What they typically do include is language that incorporates and adopts all changes to Florida’s laws governing condominiums in perpetuity, so they must comply with the term limits law.
For smaller condominium associations that find it challenging to attract and maintain enough qualified candidates to fill their board seats, they should feel reassured by the law’s concessions enabling longstanding directors to continue serving if they get 2/3 of the votes cast or if there are not enough candidates. And, long-term directors of homeowners association communities need not be concerned, as board member term limits were only added to the condominium statutes and not those governing HOAs.
Ultimately, these term limits that will first apply to long-term directors in 2026 are not expected to create too many issues and difficulties for the majority of communities. Of course, directors with any questions and concerns will need to consult with highly qualified association legal counsel, but for the most part, the clear language of the statute will leave little room for any major doubts and uncertainties.
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