A board of directors governs every Florida condominium, but what does that mean? If you're a unit owner, you're likely paying monthly assessments and following the rules the board enforces. But many owners don't fully understand what the board is legally required to do, or how much power they truly have.
This article breaks down the role of the condo board under Florida Statutes Chapter 718, how board members are elected, and what rights you have as a unit owner regarding governance.
What Is the Board of Directors in a Florida Condominium?
The board of directors is a group of individuals, typically unpaid volunteers, who the unit owners elect to:
Manage the operations of the condo association
Enforce the declaration, bylaws, and rules
Maintain the common property
Make financial decisions, including budgets and special assessments
The board has fiduciary duties to act in the best interests of all owners, not in its own or specific groups' interests.
Key Powers and Duties of the Board (§718.111 & §718.112)
The board's responsibilities are extensive. Here are some of the significant powers granted under the law:
1. Maintain the Common Elements
Repairs, replacements, and improvements
Budgeting for reserve funds
Hiring vendors and contractors
2. Adopt Rboard's Regulations
Must be reasonable and consistent with the declaration
Typically covers common areas, noise, pets, parking, etc.
3. Manage Finances
Prepare annual budgets
Collect assessments
Levy and collect special assessments if 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 access to owners
Take meeting minutes and publish them promptly
5. Enforce Community Rules
Levy fines (with proper procedure)
Suspend amenity use for violations or nonpayment (after notice and hearing)
Initiate legal actions when necessary
6. Hire and Oversee Professionals
Property managers
Legal counsel
Accountants and contractors
How Are Board Members Elected in Florida?
The process is governed by §718.112(2)(d) and must follow these basic steps:
Annual Election Timeline
60 Days Before the Election, the association sends a notice of the election and invites candidates to submit their intent to run.
40 Days Before Election: Candidates must submit a notice of intent in writing.
35 Days Before Election: If required, candidates may submit a one-page candidate information sheet to be included with ballots.
14 Days Before Annual Meeting: Official ballots and notices are mailed or delivered to all unit owners.
Election Occurs at Annual Meeting: A quorum is not required for the election itself, just for the meeting.
Voting Requirements
Each unit gets one vote (unless otherwise stated in governing documents)
Secret ballots are used unless the number of candidates is equal to or fewer than the vacancies, in which case no election is held
Candidates must be eligible (not delinquent in assessments or convicted of certain crimes unless rights restored)
Who Can Run for the Board?
To qualify:
You must be a unit owner
Must not be more than 90 days delinquent on fees
Must not have been convicted of a felony (unless rights have been restored)
In condos with more than 10 units, no more than one co-owner per unit can serve on the board at the same time
Can Owners Remove Board Members?
Yes, via the recall process outlined in §718.112(2)(j):
A majority of all voting interests must vote to recall one or more directors
The board must respond within 5 business days
If they refuse, owners may petition the DBPR for arbitration
Checks and Balances: What If the Board Oversteps?
Owners have several options if they believe the board is misbehaving:
Attend meetings and voice concerns
Submit formal complaints to the DBPR
Initiate a recall
Sue the association if rights are being violated (as a last resort)
Board vs. Property Manager: What's the Difference?
The board sets policies and makes decisions. A property manager is hired to:
Implement the board's decisions.
Manage day-to-day operations
Serve as a liaison between owners and the board.
The property manager works for the board, not the other way around.
Final Thoughts
The condo board of directors is crucial in shaping your community's finances, maintenance, and quality of life. Understanding how the board works and how to hold it accountable empowers you as a unit owner.
Whether you're considering running for the board, attending meetings, or simply advocating for your community's rights, staying informed is the best way to protect your investment and ensure your voice is heard.