By: Joshua Gerstin, Esq.
Florida condominium associations are entering a new phase of board governance in 2026 as statutory term limits for condominium directors begin to have a real, practical effect. While the law itself has been on the books for several years, the statute’s timing mechanism means many long-serving board members will first encounter these limits during upcoming election cycles.
Associations that plan ahead will be in a much better position to avoid election confusion, disputes, or last-minute eligibility issues.
WHAT THE LAW ACTUALLY REQUIRES
Florida’s Condominium Act limits how long an individual may serve consecutively on a condominium association board of directors. Under Section 718.112(2)(d)2., Florida Statutes, a director may not serve more than eight consecutive years unless a statutory exception applies.
https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/Sections/0718.112.html
Only board service occurring on or after July 1, 2018, counts toward the eight-year total. That delayed counting period is the reason many associations will first feel the impact of the term limit rule in 2026.
These term limits apply only to condominium associations governed by Chapter 718 of the Florida Statutes. Homeowners’ associations governed by Chapter 720 are not subject to the same statutory limits unless their governing documents independently impose them.
STATUTORY EXCEPTIONS TO THE TERM LIMIT
The law recognizes that some associations need flexibility and includes two important exceptions.
First, a director who has reached the eight-year limit may continue serving if the director receives an affirmative vote of two-thirds of all votes cast in the election. This is a higher threshold than a simple majority and requires clear owner support.
Second, a director may continue serving if there are not enough eligible candidates to fill all open board seats. This exception prevents associations from being left without a functioning board due to a lack of volunteers.
Both exceptions reflect a balance between encouraging board turnover and maintaining operational stability.
WHY THIS MATTERS FOR ASSOCIATION GOVERNANCE
Many condominium boards in Florida have historically relied on long-serving directors. Experience and institutional knowledge can be valuable, but indefinite service also carries risks, including stagnation, reduced owner participation, and increased election disputes.
Term limits introduce a formal structure that encourages leadership transition while still allowing flexibility when communities truly need it.
For boards, the key issue is not simply who has served the longest, but whether eligibility rules are being applied correctly and consistently.
WHAT BOARDS SHOULD BE DOING NOW
Boards should begin by auditing board service records going back to mid-2018. Accurate records are essential for determining when a director approaches the eight-year limit.
Election notices and ballots should be reviewed to confirm they reflect current statutory requirements, including eligibility standards and voting thresholds for exceptions.
Clear communication with unit owners is critical. Owners should understand how term limits work, why they exist, and how exception votes are counted. Transparency reduces confusion and builds confidence in the election process.
Associations should also review their governing documents to determine whether statutory amendments are automatically adopted and how those provisions interact with existing bylaws.