Question:
Does Florida statute anywhere (for a HOA or in Non-profit law) require a board member to be removed once charged with a felony (assault and battery of a person 65 years and older)? Can they be suspended until adjudicated? I know embezzlement is yes, but what about other felonies? This battery was on a homeowner, and the board member was arrested and released on bond. Does the HOA have to pay for criminal defense?
– Cynthia
Answer:
Hi Cynthia,
Kindly refer to the Florida Homeowners’ Association Act Section 720.306(9)(b), which states that: “A person who has been convicted of any felony in this state 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 this state, may not seek election to the board and is not eligible for board membership unless such felon’s civil rights have been restored for at least 5 years as of the date on which such person seeks election to the board.”
Whether the HOA must pay for criminal defense depends on the provisions of the governing documents and the specific details of the event. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
