Coming in 2026: Term Limits for Condo Directors
The Florida legislature rolled out member term limits for condominium association directors in January 2024. This article highlights those changes coming in 2026. However, long-term directors of homeowners association communities should be reassured since the legislature only added term limits to the condominium statutes, not those governing HOAs.
History of Term Limits in Condo Associations
In 2017, the legislature enacted board member term limits to Florida laws governing condominium associations, imposing a maximum of four consecutive two-year terms. The legislature also gave a reprieve for "termed out" directors who received votes from more than 2/3 of the association's voting interests and for associations with inadequate candidates to fill the vacancy.
More Changes to Board Term Limits
Associations without two-year board terms were unsure how to apply the limits, and there needed to be more clarity about the limits and board service before the new law's effective date. As a result, state lawmakers made further changes to the law in 2018. Those amendments clarified two critical terms:
A board member may serve up to eight consecutive years unless the director received votes from at least 2/3 of all votes cast in the election.
A board member may serve in cases where there were not enough eligible candidates to fill the vacancies.
However, questions remained over when to start calculating the eight-year term limit.
Condominium Statutes Today
In 2021, additional changes clarified that only board service occurring on or after July 1, 2018, would apply to calculating a board member's term limit, meaning that the first term-limited directors will be those who have served eight consecutive years in mid-2026.
Some condominium association bylaws may already contain term limits. They typically include language incorporating and adopting all changes to Florida's laws governing condominiums in perpetuity, so they must comply with the term limits law.
Next Steps for Condo Associations
If it takes time to attract and maintain enough qualified candidates to fill board member seats, the law's concessions enable longstanding directors to continue serving.
The term limits will first apply to long-term directors in 2026. Directors with questions and concerns should consult with qualified association legal counsel. Regardless, the statute's explicit language should leave little room for doubts and uncertainties.