Elections & Governance · Florida · Evergreen

Candidate Eligibility for the HOA Board in Florida: Who Can Run?

Election disputes almost always start with an eligibility question. The Florida board that handles candidate vetting with discipline and documentation prevents most of them. The board that improvises invites every one.

The Bottom Line

Eligibility to serve on a Florida community-association board is governed by three nested layers: the governing documents (declaration and bylaws); the Florida statute (Chapter 718 for condominiums; Chapter 720 for homeowners associations); and the Florida Nonprofit Corporation Act (Chapter 617). Florida condominium associations have specific statutory eligibility rules under § 718.112(2)(d) that are detailed, prescriptive, and not waivable — including delinquency-based disqualification, felony-conviction disqualification, a co-ownership rule, and a director-certification requirement. Florida HOAs under Chapter 720 have fewer statutory eligibility constraints, with governing documents doing most of the work. Boards should publish eligibility criteria in advance, vet candidates against those criteria consistently, and handle disqualifications through a documented process — not on the night of the meeting.

Operational Context: Why Eligibility Disputes Are So Common

Elections are the most procedurally exposed activity a Florida community association conducts. The decisions are time-sensitive, the participants are emotionally invested, and the consequences are personal. Candidates who are disqualified for cause sometimes accept the determination; many don’t, particularly when the disqualification feels like board self-preservation. In Florida, disqualified candidates also have administrative remedies through DBPR (the Department of Business and Professional Regulation) for condominium disputes, which amplifies the stakes of any procedural error.

The dispute that follows almost always traces to one of two failure modes: eligibility criteria that weren’t published in advance, or criteria that were applied inconsistently. Both are entirely preventable.

Florida Condominium Eligibility: § 718.112(2)(d)

Florida condominium statute is detailed and prescriptive on candidate eligibility. A Florida condominium board has very little discretion in applying these statutory rules. The board cannot waive them, and the board cannot impose additional eligibility requirements that conflict with them. Compliance is largely administrative.

Co-Ownership Rule

Co-owners of a unit may not serve as directors at the same time, unless the association has a small board (typically fewer than five directors) or fewer than five total members, or unless the co-owners own more than one unit. This is a statutory rule — the governing documents cannot waive it.

Delinquency Disqualification

A person who is delinquent in the payment of any monetary obligation due to the association is not eligible for board membership. Delinquency is statutorily defined and includes assessments not paid within a specified number of days after due. The delinquency must be resolved (payment in full, payment plan in place) before the candidate can be treated as eligible.

Felony Conviction

A person convicted of any felony in Florida (or in any other jurisdiction) is generally not eligible to serve on a Florida condominium board unless civil rights have been restored for at least five years prior to the election. This is a statutory rule that applies regardless of whether the governing documents address convictions. Unlike the Texas bylaw-based approach, this disqualification is mandated by statute and must be applied.

Director Certification

Within 90 days of election or appointment, a Florida condominium director must either (a) certify in writing that they have read the association’s declaration, articles, bylaws, and rules, and agree to uphold them, or (b) complete a DBPR-approved four-hour education curriculum for condominium directors. One hour of continuing education is required annually thereafter. Failure to comply within 90 days of election results in suspension from the board until the certification or education is completed.

Election Timing

Candidates must submit names in writing no less than 40 days before the election. Candidates may submit candidate information sheets no less than 35 days before the election. The second notice with ballot package goes to owners 14–34 days before the election. An Inspector of Elections is required.

Florida HOA Eligibility: Chapter 720

Florida HOA eligibility under Chapter 720 is less prescriptive at the statute level. Governing documents do most of the work. Chapter 720 imposes the broader corporate-fiduciary and disclosure framework, including § 720.3033 on conflicts of interest, and certain election-procedure requirements apply — but specific candidate disqualification grounds are generally set by the bylaws rather than the statute.

Common HOA bylaw-based eligibility requirements in Florida include:

• Ownership requirement. The candidate must be a record owner of a lot in the community.
• Good standing requirement. The candidate must not be delinquent on assessments beyond a defined period (often 60 or 90 days).
• One-director-per-household rule. Some bylaws prohibit co-owners from both serving simultaneously.
• Conflict-of-interest grounds. Bylaws sometimes disqualify candidates with active material conflicts.

The Three Layers of Eligibility Authority in Florida

1. The Governing Documents

The recorded declaration and the bylaws are the primary source of eligibility rules for matters not covered by statute. For Florida condominiums, governing documents cannot provide lesser protections than the statute — the statutory rules govern. For Florida HOAs, the governing documents have more latitude.

2. The Community-Association Statute

For condominium associations, § 718.112(2)(d) is detailed and mandatory. For HOAs, Chapter 720 sets the broader framework and election procedure requirements but defers much of the eligibility determination to the bylaws.

3. The Florida Nonprofit Corporation Act (Chapter 617)

Chapter 617 sets baseline director-eligibility requirements: a director must be a natural person of legal age and capacity. Community-association bylaws typically build on this with owner-specific requirements.

The Conviction Question in Florida Condominiums

Unlike the general discretionary approach in many other jurisdictions, Florida condominium statute’s felony-disqualification rule is mandatory. Boards must apply it and cannot waive it. Key procedural points:

• The disqualification applies to felony convictions in any jurisdiction — not just Florida.
• Civil rights must have been restored for at least five years prior to the election. A candidate who had civil rights restored four years ago does not satisfy this requirement.
• Verification is procedurally required. The election committee should establish a consistent process — typically an attestation by the candidate on the candidacy form, with the association’s right to verify.
• A candidate who serves despite the felony disqualification creates risk for every decision the board makes during their term. The disqualification cannot be waived by accommodation.

The Co-Owner Question: Who Counts as “The Owner”?

When a Florida unit or lot is owned by a married couple, a family trust, an LLC, or two co-tenants, the eligibility question becomes document-specific:

• Husband-and-wife co-ownership (condominiums). The statutory co-ownership rule prohibits both from serving simultaneously except in small associations or where the couple owns multiple units. This is not a bylaw-based rule that can be varied.
• Trust ownership. The eligibility question turns on whether the Florida bylaws permit the beneficial owner or the trustee to serve. Most bylaws permit one or the other.
• LLC or entity ownership (HOAs). A natural person designated by the entity is typically eligible if the bylaws permit entity-owner representation.
• Multiple unit ownership (condominiums). Some bylaws permit one director per unit owned; others cap at one director per ownership group. Check the bylaws.

The Eligibility-Vetting Workflow

1. Publish eligibility criteria in advance. The first notice of election (for condominiums, per § 718.112(2)(d)) or the bylaw-based candidacy notice (for HOAs) should include the eligibility checklist. Owners should know what they need to satisfy before they submit a candidacy.
2. Request written candidacy with required attestations. The candidacy form should include attestations on each eligibility element (ownership, good standing, delinquency, conviction status with civil-rights restoration date, co-ownership disclosure).
3. Verify each element. The election committee verifies ownership of record against deed records; good standing against the assessment ledger; co-ownership status; and conviction/civil-rights status (for condominiums).
4. Document the determination. Each candidate’s file should contain the candidacy form, verification documents, and a written determination of eligibility or disqualification with a citation to the specific statute or bylaw provision relied on.
5. Notify the candidate. A candidate determined ineligible should be notified in writing, with the basis stated and the opportunity to cure (where curable, e.g., paying outstanding assessments before the deadline) within a defined window.
6. Maintain the records. The election file remains part of the association’s records for the statutory retention period under § 718.111(12) (condominiums) or § 720.303(4) (HOAs).

Why This Matters

Eligibility disputes set the tone of the election. An owner who feels they were improperly disqualified often becomes the leading source of post-election challenges, including DBPR complaints for condominiums.

Statutory eligibility rules cannot be waived. A Florida condominium board cannot waive the felony-conviction restriction or the delinquency disqualification. A candidate who serves despite the disqualification creates risk for every decision the board makes during their term.

Selective application is the failure mode. Disqualifying one candidate for delinquency while overlooking another candidate’s delinquency is the structural pattern that produces successful election challenges. Consistency is the entire defense.

DBPR jurisdiction amplifies the stakes. Florida condominium owners whose candidacy is improperly handled can file DBPR complaints in addition to pursuing judicial remedies. A clean process avoids both avenues of challenge.

The Fair Housing overlay is real. Eligibility criteria that produce disparate effects on protected classes can convert a routine board election into a Fair Housing complaint. This is most acute for conviction-based provisions.

Best-Practice Guidance

1. Adopt a standing eligibility checklist.

Develop a one-page checklist that captures every eligibility element under the governing documents and statute. For Florida condominiums, that list must include the co-ownership rule, the delinquency rule, the felony-conviction rule (with the five-year civil-rights restoration requirement), and the director-certification requirement. Use the same checklist every election.

2. Publish it with the candidacy notice.

Owners should never be surprised by an eligibility rule. The first notice of election (condominiums) or equivalent candidacy solicitation (HOAs) should include the eligibility criteria and the procedure to challenge an eligibility determination.

3. Use an election committee, not the sitting board.

This is a structural defense against the perception of incumbent self-protection. Florida statute creates analogous expectations in the election context, and DBPR looks unfavorably on election processes controlled entirely by sitting directors.

4. Provide a cure window for curable disqualifications.

Delinquency is often curable. Notifying the candidate with sufficient time to cure (pay the outstanding assessments) before the candidacy deadline is the equitable and defensible posture. A candidate who cures within the window should be treated as eligible.

5. Document every determination with citation.

Each eligibility decision — eligible or ineligible — should be supported by a written record citing the specific bylaw, declaration provision, or statute relied on (§ 718.112(2)(d) for condominiums; the governing documents for HOAs).

6. Resolve close calls before the meeting.

Eligibility disputes raised on the floor of the annual meeting almost always escalate and can result in DBPR complaints. Resolve them administratively, with notice and a record, in the weeks leading up to the election.

Common Mistakes & Pitfalls

Actionable Takeaways

1. Read the declaration and bylaws together; extract every eligibility element into a written checklist.
2. For Florida condominiums, confirm compliance with § 718.112(2)(d) co-ownership, delinquency, felony-conviction (with five-year civil-rights restoration requirement), and director-certification rules.
3. Calendar the candidacy timeline: 40-day submission deadline, 35-day information-sheet deadline, 14–34-day second-notice/ballot-package window.
4. Publish eligibility criteria with the first notice of election (condominiums) or equivalent candidacy solicitation (HOAs).
5. Adopt a candidacy form with attestations on each eligibility element.
6. Stand up an election committee with the verification responsibility — not the sitting board.
7. Provide written determination letters with citations for every disqualification.
8. Include a cure window for delinquency-based disqualifications where the governing documents permit and the timeline allows.
9. Maintain the election file for the statutory retention period.

Related CIC-SC Resources

• Florida Condominium Board Election Process Under § 718.112(2)(d)
• Inspector of Elections — Role, Selection, and Responsibilities
• Electronic Voting in HOA Elections — Rules and Requirements
• How to Handle a Contested Election
• Member Petition Rights — What Owners Can Require Boards to Do
• Fair Housing Act — What HOA Boards Must Know
• Florida Chapter 718 — Condominium Act Overview for Board Members

References & Sources

1. Common Interest Community Standards Council, Fundamentals of Association Management — chapter on Elections, Member Rights, and Governance Procedure.
2. Florida Statutes § 718.112(2)(d) — Condominium board elections, candidate eligibility, certification, and education.
3. Florida Statutes Chapter 720 — Homeowners’ Association elections and governance.
4. Florida Statutes § 720.3033 — Officers and directors; conflicts of interest; disclosures.
5. Florida Statutes § 617.0808 — Removal of directors; relevant to eligibility loss during a term.
6. Florida Statutes § 718.111(12) — Official records and retention (condominiums).
7. Florida Statutes § 720.303(4) — Records (HOAs).
8. HUD, Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions (April 4, 2016) — disparate-impact framework for criminal-history-based decisions.
9. Fair Housing Act, 42 U.S.C. §§ 3601–3631.

Tags: candidate eligibility · HOA board election · § 718.112(2)(d) · co-owner candidacy · delinquency disqualification · felony conviction · director certification · election committee · candidacy form · Fair Housing · Florida HOA · DBPR

CICSC publishes this article for educational and informational purposes only. It is not legal, tax, accounting, engineering, insurance, or financial advice and does not establish an attorney-client relationship. Statutory references and operational frameworks are intended to support informed governance, not to substitute for advice from qualified legal counsel and other professional advisors familiar with your jurisdiction and your association's facts. CICSC, its authors, and its members assume no liability for actions taken in reliance on this content.