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.

Question:
I understand there is a new law (in Florida) related to term limits in a condominium. Can you explain it?
—L.L., Naples

Answer:
 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.

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