Florida Condo and HOA Term Limits Explained
For years, many Florida communities have been run by the same small group of people. While experience is valuable, indefinite board service often leads to stagnation, owner frustration, and a lack of new ideas. But understanding Florida Condo and HOA Term Limits is critical as we approach 2026.
In 2026, a key provision of Florida law regarding term limits is widely expected to “activate,” potentially forcing long-standing condominium directors to step down or seek a supermajority vote to stay.
This guide breaks down the 8-year rule, the important legal nuances that boards often miss, and the differences between Condos and HOAs.
The 8-Year Rule for Florida Condos
Under Florida Statute 718.112(2)(d)2, condominium association board members are subject to an 8-year consecutive term limit.
When Does the Clock Start?
This is the most debated question in Florida community law.
The statute was amended effective July 1, 2018.
Most legal experts and industry guides interpret this to mean that service prior to July 1, 2018, does not count toward the 8-year limit.
Under this interpretation, the first wave of directors serving 8 consecutive years will reach their limit on July 1, 2026.
Note: While a state agency declaratory statement (In re: Apollo Condominium Association) once suggested prior service might count, the prevailing guidance for most associations is to treat 2018 as the start date. Always consult your association attorney for your specific situation.
Exceptions: How They Can Stay Longer
Even when a director hits that 8-year mark, they are not automatically banned from the board. Florida law provides two specific “loopholes” that allow them to serve longer:
The Supermajority Vote: A termed-out board member can run again if they receive a two-thirds (66.6%) affirmative vote of all votes cast in the election. This is a high bar, ensuring that only directors with overwhelming community support can bypass the limit.
No One Else Wants the Job: If the number of eligible candidates is less than or equal to the number of open seats, the termed-out member is automatically reappointed. The state does not force a vacancy if no one else is willing to serve.
Do Florida Condo and HOA Term Limits Apply to Everyone?
This is a critical distinction.
Florida Homeowners’ Associations (HOAs) governed by Chapter 720 do not have a statutory 8-year term limit by default.
The 8-year rule is specific to the Condominium Act (Chapter 718). For single-family HOAs, state law does not impose a cap on how many years a director can serve.
Check Your Documents
However, your specific HOA governing documents (Bylaws or Articles of Incorporation) might. If your community’s bylaws include term limits (e.g., “Directors may not serve more than two consecutive 2-year terms”), those rules are legally binding and must be enforced.
Removing a Board Member Before Their Term Ends
What if you want to remove a director before their term expires?
Florida law allows owners to recall (remove) a board member with or without cause, but the process is complex and strictly regulated.
The Recall Reality:
Threshold: A majority (50% + 1) of the entire voting interests must agree to the removal.
Process: This is typically done by a formal written agreement/petition served on the board.
Board Challenge: The board has the right to challenge the recall petition if it is legally flawed (e.g., invalid signatures, incorrect forms).
Outcome: If successful, the director is removed immediately. If challenged, it may go to state arbitration.
Warning: Attempting a recall without legal guidance often leads to disqualification of the petition due to procedural errors.
Conclusion: 2026 is the Year to Watch
While exceptions exist, 2026 represents a major shift for Florida condos. Long-serving directors will face new hurdles to retaining their seats, and owners will have a stronger mechanism to encourage turnover.
For boards, now is the time to audit tenure and consult legal counsel on how the Florida Condo and HOA Term Limits apply to your specific directors.
About Royale Management Services
For over 40 years, Royale Management Services has guided Florida communities through complex governance transitions, election challenges, and legal compliance. We help boards navigate the nuances of Florida law to ensure fair, transparent, and well-run communities.
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