Can Husband and Wife to Serve On Condo Board Together?

M.H. from Florida writes:

Dear Mister Condo,

Can a couple owning 2 condo units be on the HOA board at the same time in Florida?

Mister Condo replies:

M.H., thank you for your question. As you know I am not an attorney nor am I an expert is Florida community association law so please consider my advice here as friendly and not legal. If you think you need a legal opinion on this matter, I strongly suggest you speak with an attorney in your area knowledgeable of Florida Community Association Law. That being said, your question has two possible answers that I am aware of. Start with your governing documents. My guess is that the documents are either silent on the issue or prohibit two owners from the SAME unit serving on the Board. Since there are two different units involved in your example, I don’t see why there would be a prohibition of the husband and wife serving as long as they were each representing one of the two units they own. While I am not an expert in Florida law on the matter, I have read that the laws in Florida that pertain to condominiums – the Florida Corporation act and the Florida Condominium Act – do not prohibit co-owners who own more than one unit from serving. The Florida Condominium Act does address the issue but also allows for an exception if there are no other unit owners willing to serve. You can read an interesting article on the subject here: http://www.floridacondohoalawblog.com/2016/01/articles/qa/can-husband-and-wife-serve-on-the-board-at-the-same-time/. All the best!

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