The Florida Condominium Act provides that a “unit owner” is eligible to Serve as a director in a HOA. There are, however, qualifications that require one to serve on the board. Some of the laws that may disqualify a unit owner is if they have been suspended or removed from the board before by the Division of Florida Condominiums, Timeshares, and Mobile Homes are the following: (1) if he or she is delinquent in any monies paid to the association or convicted of a felony in Florida; (2) if he or she is convicted of embezzlement of funds in a HOA or; (3) is simply ineligible by virtue of the fact that time limits set in bylaws automatically disqualify them.

A director can also come from outside the HOA in question as voted for and by the existing directors to serve in their board, either according to the condominium documents or a specific language in Florida statutes. In the same statutes, a person aged 18 years may serve as a representative for the service of the board. If the HOA is a not for-profit corporation, then natural persons are required to serve. Legal entities in this case such as corporations and limited liability companies cannot serve on such a board.
If a title unit is held in trust, then the grantor of the trust, according to Florida Statutes, is eligible to serve as a board member. Alternatively, if the trust beneficiary occupies the unit they are deemed to be members of the association and by default become eligible to serve in the board of directors. It is also possible to know who is eligible to serve in a board of directors in the articles of association and operating agreements signed by the association and HOA management in charge. A community association lawyer is also able to answer any questions on eligibility to serve in a board of directors as well as board certification requirements.

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