Voting eligibility at a Florida HOA membership meeting is the statutory question that trips up every contested vote. A board that lets an ineligible owner cast a vote OR refuses an eligible owner invites the losing side to contest the entire outcome. F.S. 720.306 sets the rules, with specific paragraphs governing delinquent assessments, suspended rights, trust and LLC ownership, and co-owner disagreement.

What the statute says

The general rule lives in F.S. 720.306(1)(a):

Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members is 30 percent of the total voting interests.

And the specific eligibility + suspension framing in F.S. 720.305(4):

If a parcel is more than 90 days delinquent in any monetary obligation due to the association, the association may suspend the voting rights of a parcel or member. The suspension ends upon full payment of all obligations currently due or overdue to the association.

"How do we figure out if a specific parcel can vote?"

Four-step eligibility test:

1. Is the parcel owner of record the voter? Per F.S. 720.301(12), the parcel owner is the record titleholder. A tenant cannot vote even when the owner authorizes it; voting follows title.
2. Is the parcel in good standing financially? F.S. 720.305(4) lets the association suspend voting rights for 90+ days delinquent on any monetary obligation. If the board has properly suspended (written notice + opportunity for hearing under 720.305(2)), the parcel cannot vote until the suspension ends.
3. Does the declaration limit voting per parcel? Most declarations provide "one vote per parcel" even if the parcel has multiple owners. Confirm before counting.
4. Has the owner designated a voting representative? For trust and LLC ownership, the entity designates a natural person as the voting representative. Without a written designation, no vote.

"Can the board suspend voting rights for non-monetary violations?"

F.S. 720.305(3) permits suspension for non-monetary covenant violations, but with narrower scope:

An association may suspend, for a reasonable period of time, the right of a parcel owner, or a parcel owner's tenant, guest, or invitee, to use common areas and facilities for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association.

The COMMON-AREA-use suspension is permitted; suspending voting rights specifically for a non-monetary violation is narrower and must be supported by the declaration.

Three practical notes:

1. Suspension requires the F.S. 720.305(2)(b) hearing process. 14-day notice + opportunity for hearing + committee of non- directors. Short-circuiting this invalidates the suspension.
2. Suspension ends on cure. A delinquent owner who pays in full regains voting rights immediately, even if the board has not formally reinstated.
3. The suspension list is an official record. Members may inspect it under F.S. 720.303(5).

"What about co-owned parcels?"

F.S. 720.306 does not directly address this. Most declarations fill the gap with one of three patterns:

1. Either co-owner may vote unless the other objects. Most common. Creates the "rushing-to-the-meeting" pattern where the first co-owner present votes; the second arriving later cannot revoke.
2. Co-owners must designate a single voting representative in writing. Cleaner but requires paperwork every meeting.
3. Co-owners vote jointly OR the parcel votes abstain if they disagree. Safest but can disenfranchise in split households.

The declaration controls; when silent, defaulting to pattern #1 is standard Florida practice.

"Trust + LLC ownership?"

F.S. 720.301(12) plus common trust + corporate law:

1. Trust owners. The trustee(s) vote, not the beneficiaries. Trustee paperwork (trust agreement excerpt identifying trustees) is required. Multiple trustees usually pick one to vote, per the trust's own internal rules.
2. LLC owners. The manager or designated agent votes. Partnership agreement or operating agreement determines who. If the LLC is member-managed, any member typically has authority.
3. Estate owners. The personal representative votes after probate appointment. Pre-probate, nobody can vote the parcel.

"What's the cleanest CAM workflow?"

Three-stop checklist before every noticed membership meeting:

1. Run the eligibility list. Pull the full parcel ledger + 90-day delinquency status + any active suspensions. Exclude disqualified parcels from quorum AND vote counting.
2. Verify trust / LLC paperwork on file. Any parcel with entity ownership should have current trustee or manager designation on file. Missing paperwork = parcel cannot vote.
3. Publish the eligibility list (parcels, not names) at the meeting. Transparency + members' right to object to the count before the vote closes.

Why this post exists

HOAStream surfaces F.S. 720.306 + F.S. 720.305 alongside the community's membership roll + delinquency ledger in under 500 milliseconds, so the CAM team can run the eligibility check at scale before every noticed meeting. Nothing in this post or in the product is legal advice. For a specific contested-vote dispute where eligibility is in play, a retained Florida HOA attorney is the right call.

If you want the full voting-eligibility statute stack alongside your community's declaration, sign up at /cam or /board.