Board elections are the annual event most likely to generate disputes in a Florida condominium. The statute prescribes specific procedures that boards cannot shortcut.
Who can run
Under F.S. 718.112(2)(d), any unit owner is eligible to be a candidate for the board, with these exceptions:
- A person who has been convicted of a felony and has not had their civil rights restored for at least 5 years
- A person who is delinquent in payment of assessments or other monetary obligations to the association for more than 90 days (unless the obligation is being contested through proper channels)
- A co-owner or co-unit-owner of a delinquent unit, if any co-owner of that unit is delinquent
Notice requirements
The association must provide first-class mail or electronic notice of the election at least 14 days before the election. The notice must include:
- The date, time, and location of the meeting
- Candidate information sheets for each eligible candidate who submitted one
- A ballot or proxy form
Voting and quorum
Unless the bylaws provide otherwise, a quorum for member meetings (including elections) is 30% of the total voting interests. Elections are decided by a plurality of ballots cast.
Each unit has one vote (unless the declaration provides otherwise). If a unit is owned by more than one person, only the designated voter for that unit may cast the ballot.
Electronic voting
Under F.S. 718.128 and the HB 913 amendments, electronic voting is now permitted for condominium associations. The association may adopt electronic voting procedures, and HB 913 requires associations to accept electronically submitted ballots even if the association has not formally adopted online voting.
Term limits and staggering
Board members serve for the term stated in the bylaws. If the bylaws are silent, the term is one year. Boards may stagger terms so that not all seats are up for election in the same year.
Getting it right the first time
The election is the one time each year that every unit owner has direct authority over governance. The board should follow the statutory procedures precisely: timely notice, accurate candidate eligibility screening, proper quorum verification, and documented ballot counting.
The election is the one time each year that every unit owner has direct authority over governance. The board should follow the statutory procedures precisely: timely notice, accurate candidate eligibility screening, proper quorum verification, and documented ballot counting.
Summarized from the Florida Statutes for general reference. Your governing documents may contain provisions that modify or supplement the statutory requirements described here.