Many times, associations are challenged by owners who believe their names were improperly kept off the election ballot because the owner did not agree that they owed a fine. The Condominium Act states that a person who is delinquent in the payment of any monetary obligation to the association is not eligible to be a candidate for the board. The date of eligibility is established 40 days before the annual meeting and election. As such, if an owner turns in their candidate notice 50 days before the election and owes a fine at that time, they can still be on the ballot so long as they paid the fine by the 40-day deadline. If the fine remains unpaid as of the deadline, the unpaid fine is considered a monetary obligation, which means that pursuant to the statute, the person is not a proper candidate for the board and their name should not be on the ballot. This is true whether the person has challenged or otherwise disputed the fine.
Originally posted on floridacondohoalawblog.com. Written by David G. Muller