A Guide to Florida Statutes HOA Elections

First, let’s break down what an election is in the context of an HOA. As a community, you have governing documents that outline how your association is run. 

These documents can include bylaws, articles of incorporation, and covenants, conditions, and restrictions (CC&Rs). They dictate how the board operates, their powers, and how decisions are made.

An election is when new board members are chosen or existing ones are re-elected. This is done to ensure a fair representation of all homeowners in the decision-making process of the HOA.

However, unlike other types of elections, such as government elections where citizens vote for representatives to make decisions on their behalf, HOA elections involve homeowners directly choosing their own representatives.

How Does Florida HOA Voting Work?

The board of directors will typically set a date for the election and open up nominations for interested candidates. 

Homeowners who meet the eligibility requirements can then put themselves forward as candidates for the election. This can be done through a written nomination form or by announcing their candidacy at an HOA meeting.

Once the nominees have been finalized, the board will often hold a candidate forum where homeowners can ask questions and get to know each candidate’s platform. This helps provide transparency and allows homeowners to make informed decisions when voting.

On the day of the election, homeowners will be given ballots in person or via mail-in voting. They will then cast their vote for their chosen candidate(s). The ballots are collected and tallied by the board or a third-party election company.

Why Vote In HOA Elections?

Homeowners need to participate in the election process, as it allows them to have a say in who will be leading their community. This can have a huge impact on the decisions made by the board and the overall well-being of the neighborhood.

By voting, homeowners can also ensure that their voices are heard and their concerns are addressed. The elected board members are responsible for representing the best interests of all homeowners, so it’s crucial to have a diverse and representative group in place.

Florida HOA elections operate under a hierarchy of legal requirements that many board members don’t fully grasp. Getting this framework right is essential for compliance, as the risks to HOAs that fail to comply can be severe.

Chapter 720

Florida Statutes Chapter 720, known as the Homeowners’ Association Act, governs all mandatory membership HOAs in the state. This comprehensive law covers everything from meeting procedures to financial reporting, but its election provisions are particularly detailed.

Chapter 720 sets minimum standards that no HOA can go below. Your governing documents can add requirements, but they cannot provide less protection than state law mandates. When conflicts arise, Chapter 720 wins.

The statute addresses every aspect of elections: candidate eligibility, notice requirements, ballot procedures, and dispute resolution. It even specifies exact timeframes and includes criminal penalties for violations.

How Governing Documents Fit In

Your association’s declaration, bylaws, and articles of incorporation work alongside Chapter 720. These documents can specify additional procedures like:

• Committee structures for counting ballots
• Tie-breaking mechanisms
• Special voting thresholds for amendments

But remember: governing documents cannot override statutory requirements. If your bylaws say 30 days’ notice for elections but Chapter 720 requires 60, you must provide 60 days.

The 2025 Updates HOAs Should Be Aware Of

Florida’s 2025 legislative session brought some important changes to HOA elections. Electronic voting expansion now allows implementation if just 25% of owners petition for it, down from previous thresholds.

The updates also strengthen recall procedures, ensuring voting rights cannot be suspended during recall elections. Associations that lose recall challenges may now face attorney fee awards to the prevailing owners.

New transparency measures also require increased documentation and penalties for mismanagement. The legislature clearly intends to make HOA elections more accessible and accountable.

Disqualifying Factors

Florida law also specifies who cannot serve on HOA boards:

Those With Felony Histories

If you’ve been convicted of a felony, you cannot serve unless your civil rights have been restored for more than five years. This applies to all felonies, not just those related to fraud or financial crimes.

Co-owners

If you co-own a property with someone else, you generally cannot both serve on the board at the same time. The exception is if you own more than one parcel or there aren’t enough eligible candidates to fill the board.

Suspended HOA Members

If the association has suspended your rights for violations, you’re ineligible until those rights are restored.

What Is The Candidate Notice Process?

Florida requires a specific process for declaring candidacy. This is the process by which you officially indicate your intention to run for a position on the HOA board. The state requires that candidates submit their names and contact information to the association at least 40 days before the election.

• Submit a Notice of Intent at least 40 days before the election. This isn’t a suggestion – it’s state law. You miss this deadline, and you cannot be on the ballot, no matter how qualified you are.
• No nominating committees allowed. Your HOA cannot use a nominating committee to select candidates. However, they can create search committees to encourage people to run.
• Candidate Information Sheets are optional but useful. You can submit a one-page information sheet about yourself. The HOA must include it with the second election notice at their expense. This is your chance to communicate directly with voters.

Does Florida Allow Write-In Candidates and Floor Nominations for HOA?

Florida law doesn’t allow write-in candidates or nominations from the floor during the election meeting. If you want to run, you must follow the 40-day notice requirement. This prevents surprise candidates and ensures all owners have time to consider their options.

Florida’s election notice requirements are among the most detailed in the nation. Missing a deadline or sending incomplete information can void your entire election.

The Two-Notice System

Florida mandates a two-notice system for HOA elections. Each notice serves a specific purpose and has strict timing requirements.

First Notice: 60 Days Before Election

This notice must go to all voting members at least 60 days before your annual meeting. It announces the election and opens the candidate qualification period.

The first notice must include:

• Date, time, and location of the annual meeting
• Statement that board elections will occur
• Number of board positions up for election
• Instructions for submitting candidacy

Second Notice: 14-34 Days Before Election

The second notice is more comprehensive. It must be mailed between 14 and 34 days before the election – not 13, not 35.

This notice must contain:

• The actual ballot
• Candidate names in alphabetical order
• Any candidate information sheets submitted
• Instructions for completing and returning ballots

Delivery Methods for HOA Voting

How you send notices affects their validity, and even the validity of elections. Here are the most common delivery methods for HOA voting:

• Mail remains the standard. Notices must be mailed to the address the owner has on file with the association. Email alone doesn’t satisfy the requirement unless owners have specifically consented in writing.
• Proof of mailing is essential. While certified mail isn’t required, smart associations maintain evidence of when notices were sent. A mailing affidavit or postal receipt can save you from disputes.

Posted notices don’t count. Unlike regular meeting notices, election notices cannot be satisfied by posting in common areas or on websites. Individual delivery is mandatory.

Simplify Election Compliance with HOA Management Software

Managing all these requirements manually – tracking deadlines, sending notices, collecting ballots, and maintaining records – can overwhelm even experienced board members. That’s where technology makes the difference.

HOA Start automates Florida’s complex election requirements into simple workflows. The platform handles your 60-day and 14-34 day notices automatically, ensures ballots meet statutory requirements, and maintains the documentation you need for compliance. With electronic voting integration, you can offer modern conveniences while following Chapter 720 to the letter.

Ready to run stress-free HOA elections that comply with Florida statutes? Try HOA Start free today and discover how the right tools can help you keep your HOA management simple and streamlined. It’s the best way to build community trust!