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Dear Poliakoffs,

We are currently wrestling with the question of term limits in our HOA. Florida HOA law states that any resident can run for the board of directors. One group says that because the law says "any,” you cannot prevent someone from running multiple times. Another group says this is a misinterpretation and that one thing has nothing to do with the other. Your thoughts?

Signed, M.K.

Dear M.K.,

Unfortunately, this is an undecided area of the law, and as far as I’m aware there has not been any arbitration on point (HOA election disputes are subject to arbitration with the Division of Condominiums). Lawyers, like the groups in your HOA, frequently disagree on these issues. Some (myself included) feel that the language in the HOA Act (Section 720.306, Fla. Stat.) stating that “all members of the association are eligible to serve on the board of directors” effectively invalidates term limits, along with other limitation on board service, such as residency requirements. Such attorneys argue that the only prohibitions against board service are those found in the statute itself (being more than 90 days delinquent in the payment of any fee, fine or other monetary obligation to the association; or having been convicted of a felony and not having had their civil rights restored for at least five years). Other attorneys argue that term limits contained in the governing documents would still be applicable. Unfortunately, until this issue is litigated, we simply don’t have a clear answer.

Dear Poliakoffs,

I live in a community governed by a master association. Their lawyer recently proposed changes to the governing documents that includes a new section labeled “Individual Assessments.”

When asked why it was added, she said it was just to clarify the association’s existing right to impose individual assessments, even though no such thing appears in the current declarations.

Is this a ruse that will be used in the future to expand the HOA’s ability to add individual assessments for any reason they come up with?

Signed, G.O.

Dear G.O.,

Language permitting an HOA association to charge “individual assessments” is extremely common. Most of the time it is used to allow the association to charge remedial costs to an individual owner. For example, many HOAs have the right to enter a lot to rectify a maintenance violation, and to then charge those costs to the owner (for example, when a lot owner fails to keep their yard clean and mowed, which is very common in foreclosure properties). The “individual assessment” language in their declaration would allow them to enter the lot, charge the owner for the cost of the remedial work and then collect those amounts as an assessment. Or, individual assessments might be used to collect for charges that are otherwise only chargeable to a single lot—repair of a roof, for example (which is sometimes the association’s responsibility, but not a common expense). My guess is that your master association already allows for some of these charges, but it doesn’t specify that such charges are considered an assessment (and are therefore collectable by lien and foreclosure). This new language would correct that issue. I do not think, however, that it would open the door to the association charging individual owners for anything it wants. Generally speaking, the association’s powers are still limited to those delineated in the governing documents.