Overview
A Florida condo's board of directors is a group of elected, typically unpaid, unit owners responsible for managing the association, enforcing rules, maintaining common areas, and handling the budget, all under a fiduciary duty to act in the interest of all owners rather than themselves. Board elections follow a rigid 60-40-14 day timeline under Florida Statute 718.112(2)(d), and owners can recall a director with a majority vote at any time. Since 2024, House Bill 1021 also requires boards of associations with more than 10 units to meet quarterly and give owners a chance to ask questions at those meetings.
What Is the Board of Directors?
The board is a group of unit owners elected by the ownership to:
- Manage the condo association's operations
- Enforce the declaration, bylaws, and rules
- Maintain the common property
- Make financial decisions, including budgets and special assessments
The board carries a fiduciary duty to act in the best interest of all owners collectively, not its own interests or those of a particular faction.
Key Powers and Duties (F.S. 718.111 & 718.112)
1. Maintain the Common Elements
- Repairs, replacements, and improvements
- Budgeting for reserve funds
- Hiring vendors and contractors
2. Adopt Rules and Regulations
- Must be reasonable and consistent with the declaration
- Typically covers common areas, noise, pets, parking, and similar matters
3. Manage Finances
- Prepare annual budgets
- Collect assessments
- Levy and collect special assessments when needed
- Approve contracts and control bank accounts
4. Conduct Meetings and Keep Records
- Hold regular, open board meetings with advance notice
- Maintain official records and provide owner access
- Take and publish meeting minutes promptly
5. Enforce Community Rules
- Levy fines through proper procedure
- Suspend amenity use for violations or nonpayment, after notice and hearing
- Initiate legal action when necessary
6. Hire and Oversee Professionals
- Property managers
- Legal counsel
- Accountants and contractors
Newer Meeting Requirements Under HB 1021
Since House Bill 1021 took effect in 2024, boards of residential associations with more than 10 units must meet at least once per quarter, with meeting agendas required to give owners an opportunity to ask questions about construction projects, current revenues and expenditures, and other matters affecting the association at least four times a year. New directors must also complete a 4-hour educational course within 90 days of election or appointment. As of January 1, 2026, associations with 25 or more units must post official records digitally on a website or app, down from the previous 150-unit threshold.
How Are Board Members Elected?
The process is governed by F.S. 718.112(2)(d) and follows this timeline:
- 60 days before the election: The association sends notice of the election and invites candidates to submit their intent to run.
- 40 days before: Candidates must submit written notice of intent to run.
- 35 days before: Candidates may submit a one-page information sheet, if applicable, to accompany the ballots.
- 14 days before the annual meeting: Official ballots and notices are mailed or delivered to all unit owners.
- Election occurs at the annual meeting: A quorum is required for the meeting, but not specifically for the election vote itself.
Voting requirements: Each unit gets one vote unless the governing documents state otherwise. Secret ballots are used unless the number of candidates is equal to or fewer than the number of vacancies, in which case no election is held. Candidates must be eligible — not more than 90 days delinquent on assessments, and not a convicted felon unless their rights have been restored.
Who Can Run for the Board?
- You must be a unit owner
- Not more than 90 days delinquent on fees
- Not convicted of a felony, unless rights have been restored
- In condos with more than 10 units, no more than one co-owner per unit may serve on the board at the same time
Can Owners Remove Board Members?
Yes, through the recall process under F.S. 718.112(2)(j):
- A majority of all voting interests must vote to recall one or more directors, either by written agreement or at a properly noticed meeting.
- The board must meet and certify or contest the recall within 5 full business days.
- If the board doesn't certify it, owners can petition the DBPR for arbitration.
What If the Board Oversteps?
Owners have several options if they believe the board is acting improperly:
- Attend meetings and raise concerns directly.
- File a formal complaint with the DBPR.
- Initiate a recall.
- As a last resort, pursue legal action if rights are being violated.
Board vs. Property Manager
The board sets policy and makes decisions. A property manager is hired to implement those decisions, handle day-to-day operations, and act as a liaison between owners and the board. The property manager works for the board, not the other way around.
