The default in Florida is broad: all members of the association are eligible to serve on the board, and a member may nominate themselves (Fla. Stat. §720.306(9)(a)). There are two exceptions, and both are worth knowing precisely, because they come up in almost every contested election.

The exceptions are delinquency and felony conviction. They live in Fla. Stat. §720.306(9)(b).

Exception 1: owing the association money

There are two separate rules here, one for candidates and one for sitting directors.

For a candidate. A person who is delinquent in the payment of any fee, fine, or other monetary obligation to the association on the day they could last nominate themselves may not seek election, and their name is not listed on the ballot. Note the timing: it is measured on the last nomination day, not on election day. Paying up afterwards does not put the name back on the ballot.

For a sitting director. A board member who becomes more than 90 days delinquent in any fee, fine, or other monetary obligation is deemed to have abandoned the seat, which creates a vacancy to be filled according to law. Nobody has to vote them off. The statute treats the seat as abandoned.

The statute also defines the term broadly: "any fee, fine, or other monetary obligation" means any delinquency to the association with respect to any parcel. An owner of several parcels cannot stay eligible by keeping one current.

Exception 2: a felony conviction

A person convicted of any felony in Florida, in a United States District or Territorial Court, or of any offense in another jurisdiction that would be a felony if committed in Florida, may not seek election and is not eligible for board membership unless their civil rights have been restored for at least five years as of the date they seek election.

Two details people get wrong:

  • It is not "five years since the conviction." It is five years since civil rights were restored, which is a separate event that happens later.
  • The bar is not limited to crimes involving the association or dishonesty. The statute says any felony.

A common misunderstanding: it does not undo the board's decisions

If it later turns out that someone was ineligible, that does not retroactively void what the board did. The statute is explicit: "The validity of any action by the board is not affected if it is later determined that a person was ineligible to seek election to the board or that a member of the board is ineligible for board membership."

So the remedy is about the seat, not about reopening past votes. That is the same approach Florida takes to an uncertified director, whose non-compliance likewise does not invalidate board action.

What HB 1203 did and did not change

The 2024 overhaul changed a great deal about Florida HOAs, including mandatory director education, online records for larger associations, and new criminal penalties for board misconduct.

It did not change these eligibility rules. Section 720.306 was last amended in 2021, so the delinquency and felony bars above have been in place since before the 2024 changes. If you have seen them described as new, that is a common mix-up with the education requirement, which genuinely is new.

Related rules that decide who ends up on the board

  • An election is only held if there are more candidates than seats. If the number of qualified candidates is equal to or fewer than the vacancies, those candidates simply take their seats, whether or not a quorum is reached at the annual meeting (§720.306(9)(a)).
  • Directors are elected by a plurality of the votes cast by eligible voters, unless the governing documents say otherwise.
  • A challenge to the election process must be brought within 60 days of the results being announced. That is a short window; if something went wrong, act quickly.
  • Election disputes go to binding arbitration with the Division or to a court (§720.306(9)(c)).

If you think an ineligible person is on your board

  1. Get the facts in writing. Delinquency is an association record. Ask for it.
  2. Raise it with the board in writing and ask for the response to be minuted.
  3. Mind the 60-day clock if your objection is really about how the election was run.
  4. Escalate if it goes nowhere. See how to escalate an HOA dispute in Florida and who regulates HOAs in Florida.

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