Can Our Association President Have a Criminal Record?
Q. A member of the Board of Directors of our Homeowners Association, who has also been appointed by the Board as the Association President, was adjudicated guilty in 2006 of two counts of FS 893.13(6)(a), Possession Of A Controlled Substance, a third degree felony, and of three counts of FS 893.13(7)(a)9, Obtain Or Attempt To Obtain A Controlled Substance By Fraud. This person has not disclosed his criminal record to the members and the Board either before or after he was elected to the Board and appointed President. Is this person eligible to serve on the Board and as the Association President?
A. Under the Florida laws governing homeowners associations, certain homeowners are not eligible to serve on the Board of Directors. Specifically, a homeowner who is delinquent in the payment of any fee, fine, or other monetary obligation to the association for more than 90 days is not eligible for board membership. In the case of your Board president, a person who has been convicted of any felony in Florida or in a United States District or Territorial Court, or has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida, is also not eligible for board membership unless such felon’s civil rights have been restored for at least 5 years as of the date the homeowner seeks election to the board. Now that you know the law on this issue, it is time to determine whether this homeowner’s rights have been restored for at least 5 years. The association’s legal counsel can assist with that issue. If it turns out that his rights have not been restored, the board president would immediately be ineligible to continue serving. Fortunately for the rest of the board members, the validity of any action by the board is not affected if it is later determined that a member of the board is ineligible for board membership.