The question of whether a condominium association may impose term limits on elected members of the board of directors is a topic of frequent discussion. Section 718.112 of the Florida Statutes was recently amended and implicitly grants Florida condominium associations the power to impose term limits on members of the board of directors.
Section 718.112(2)(d)(2) of the Florida Statutes provides that “the terms of all board members expire at the annual meeting, and such members may stand for reelection unless prohibited by the bylaws” (emphasis added). Thus, if there is no prohibition in the governing documents (declaration of condominium, articles of incorporation, or bylaws) of the association that limits the number of consecutive terms a board member may serve, it would follow that such members may be reelected for continuous terms without challenge. However, if the governing documents of the association provide for maximum consecutive terms, such a restriction would be enforceable. Depending on the governing documents of the association, the board member will have to ‘sit out’ the upcoming term and run for election at the next board member election for which he or she is eligible. The specific wording of the governing document provision would be critical in determining the exact eligibility requirements.
A community wishing to place term limits in their governing documents should speak with their community association attorney for an opinion and assistance.