Q: In Florida, can a HOA member NOT compliant w' Deed Restrictions serve on Board of Directors?
This candidate's excuse is a '5 year statute of limitations for enforcing Deed restrictions' b/c his wife was on the Board for years, & used 'selective enforcement" of restrictions on some while they refused to comply.
A:
If you are a board member you have a duty to consult with the HOA attorney rather than trying to find answers on the internet. If the HOA does not have an attorney, it needs one.
If you are a homeowner, the answer is "it depends" on the language in the HOA documents, what violation occurred, was there selective enforcement (which can be hard to prove) and was their a waiver of enforcement due to the statute of limitations, which is not always five years from the violation, but could be five years from when the HOA knew or should have known of the violation.
Generally, the only disqualifications for being a board member is being past due in assessments or a convicted felon. That's a real general statement and not to be relied on without a review of the HOA documents and other facts.
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