Director term limits
Naples Daily News
Legal Matters column
By: Richard D. DeBoest
12 August 2017
This is a question that was answered in this Florida newspaper column.
I understand there is a new law (in Florida) related to term limits in a condominium. Can you explain it?
Yes. Section 718.112(2)(d)2 of the Condominium Act was changed
effective July 1, 2017. It provides that a board member may not serve
more than four consecutive two-year terms unless approved by two-thirds
of the total voting interests or unless there are not enough eligible
candidates to fill the vacancies. The law only applies to condominiums.
One aspect that is unclear is whether or not the law is retroactive to
include the consecutive terms served before July 1, or does the
eight-year limit begin as of July 1. Most attorneys believe the law is
prospective and therefore the eight-year clock begins as of July 1.
Interestingly, the law does not limit the number of consecutive
one-year terms a director may serve.