Q&A: Serving in Dual Roles

Q We have a small condo association and it is difficult, as I assume it is for  most, to get people to serve on our board. The idea came up to have one person  serve as the treasurer/secretary. In Florida is this legal? Is it something  that you would recommend? Our bylaws don't say anything against it.  

 —More Than One  

A “In Florida, condominiums are empowered to exist by Chapter 718, Florida  Statutes, and are created with the recording of their Declaration of  Condominium. Since condominiums can only exist by virtue of Chapter 718, they  must comply with those requirements set forth in that Chapter,” explains attorney Michael Chapnick of Chapnick Community Association Law, P.A.  in Delray Beach.  

 “Section 718.112(2)(a)1 provides that the association’s bylaws must provide for the number and titles of officers and directors and  must specify the powers and duties of board members. If the bylaws do not  provide for such things, a Florida condominium must have a president, a  secretary, and a treasurer (the officers), and must have at least 5 directors  (unless the association has 5 or fewer units, in which case, it may have 3  directors). If the association is a not for profit corporation (the association  is the corporation that administers the condominium property through its board  of directors), Section 617.0840(4), Florida Statutes provides that “the same individual may simultaneously hold more than one office in a  corporation.” This, of course, would be subject to any contrary provision contained within  the association’s Articles of Incorporation or bylaws.”