Q. I understand that to be a member of the Board of Directors of a Homeowner Association in Florida, you need to own a home in the community. Is this the case? I heard some opinions that you do not need to be an owner in the Association, and that you do not need to a resident of Florida. What can you tell me about this?
A. The question of who is eligible is not the easiest to answer… Florida Statutes Chapter 720 provides that all members of the association are eligible to serve on the board of directors. The definition of an association “member” will be found in the community Declaration or Bylaws, but generally the members of an association include only those who are homeowners as shown in the public land records. It is possible that the community documents might grant membership rights to those who do not own a home, so you need to check your community documents to fully answer this question. There is no law requiring members of the association to reside in Florida in order to serve on the Board. Many homeowners live outside Florida for all or a portion of the year and still participate as Board members. Florida law allows absentee board members to attend meetings by speakerphone.