Florida Condo Act Changes Benefit Timeshare Association

2010-08-20

Issue Brief

Florida’s Condo Act has included a number of provisions created for whole ownership condos that have negatively impacted timeshare HOA’s. Among those have been prohibitions on co-owners of units serving concurrently on association boards and limits on board members’ terms. 

Impact

It is typically more difficult for timeshare associations to find owners willing to serve on boards as owners are not residents and usually don’t want to commit the time for their vacation property. The prohibition on co-owners serving concurrently reduced the pool of potential board members approximately 50 times. Limiting terms of members reduces the pool further, making it a challenge for timeshare associations to fill their boards. 

Position/Call to Action

ARDA and ARDA ROC have worked for several years to educate legislators and others with interests in condo legislation about the need to exempt timeshare associations from these limitations. Efforts to make these changes in legislation were pursued in the 2009 and 2010 legislative sessions.

Resolution

ARDA and ARDA ROC succeeded in amending the Florida Condominium Act to exempt timeshare associations from limitations on unit co-owners serving concurrent board terms and limitations on board member terms in both 2009 and 2010. The bill containing these changes was vetoed for unrelated reasons in 2009. In 2010 the vehicle for these changes, SB 1196, was signed by the Governor and took effect July 1, 2010.