Florida HOA Election Rules: Notices, Ballots & Meetings

Understanding Florida HOA election rules starts with one distinction: homeowners associations are governed by Chapter 720 of the Florida Statutes, while condominiums are governed by Chapter 718. The two chapters handle elections differently, and mixing them up is one of the most common board mistakes.

This guide walks through Florida’s HOA election rules for notices, proxies, ballots, eligibility, and disputes. Boards new to elections can start with the basics of HOA board voting rules.

What steps can a homeowner take if they believe an HOA board violated election procedures under Florida law?

Florida gives HOA members a specific, fairly narrow path. Election and recall disputes must be resolved through binding arbitration with the Department of Business and Professional Regulation (DBPR) or filed in court.

Under § 720.311, the petitioner pays a filing fee of at least $200, and the prevailing party recovers reasonable costs and attorney fees as determined by the arbitrator. Mediation, used for many other HOA disputes, does not apply to these.

Two cautions to consider

First, time matters: any challenge to the election process must be commenced within 60 days after the results are announced (§ 720.306).

Second, there is no state agency that investigates HOA complaints. DBPR states that it can arbitrate election and recall disputes under Chapter 720 but does not investigate complaints under that chapter (DBPR Homeowners’ Associations page). Florida’s ombudsman office covers condominiums, not HOAs.

Before filing, owners should gather the evidence: the notices and their mailing dates, meeting minutes, the ballot packet, the voter list, and any correspondence with the board. Fraudulent voting is also a first-degree misdemeanor under § 720.3065, which HB 1203 in 2024 broadened to reach people who aid, abet, or conspire.

 

 

What are the specific deadlines for sending the first and second notices of an HOA election in Florida?

This is where many guides go wrong. The familiar two-notice election process, with a first notice 60 days before the election and a second notice with the ballot 14 to 34 days before, comes from the condominium statute, § 718.112, not from Chapter 720.

The HOA statute does not set a 60-day first notice or a candidate information sheet. If your HOA has an election timeline with those steps, it comes from your bylaws or election policy, which you must follow.

What Chapter 720 does require is actual notice of all membership meetings, mailed, delivered, or electronically transmitted to members not less than 14 days before the meeting (§ 720.306). 

Annual meeting notices do not have to state the purpose, but special meeting notices must. Board meetings have their own rules under § 720.303: notice posted conspicuously at least 48 hours ahead, or mailed or delivered at least seven days ahead, with written notice at least 14 days before a meeting that will consider special assessments or rule amendments.

A missed or late notice is a risk because the 60-day challenge window starts when results are announced. A defective notice gives an unhappy member a ready argument that the meeting was invalid, which is why boards should keep proof of mailing and electronic transmission.

Florida’s annual meeting requirements also include a quorum. Unless the bylaws provide a lower number, quorum is 30 percent of the total voting interests (§ 720.306). Confirm your own bylaws, since many associations set a lower figure.

Can a homeowner vote by proxy in a Florida HOA election, or is a ballot required for all voting matters?

In an HOA, the answer is more permissive than in a condo. Section 720.306 gives members the right to vote in person or by proxy unless the governing documents provide otherwise.

A valid proxy must be dated, state the date, time, and place of the meeting, and be signed. It is effective only for the specific meeting, automatically expires 90 days after the meeting, and can be revoked.

Some governing documents restrict proxies, so check yours. The basics of how HOA proxies work apply here too.

What about condominiums?

Condominiums are stricter. Under § 718.112, general proxies are not allowed for condo board elections; directors are elected by written ballot or voting machine, and limited proxies are allowed only for specified votes.

That is the source of the often-repeated rule that there are no proxies in Florida board elections. It applies to condos, so if you are in a homeowners association, the rule is in your governing documents.

Florida condo voting rules also differ on minimum participation: condo board elections require at least 20 percent turnout, and the HOA statute has no similar rule.

What about the ballot itself? 

Florida’s HOA ballot counting procedure is built around secrecy.

When the documents permit secret-ballot voting by members who are not at the meeting, ballots must go in an inner envelope with no identifying markings, which is placed in an outer envelope showing the member’s name, parcel, and signature. 

Officials confirm eligibility from the outer envelope, check that no other ballot came in for the same parcel, and then place the inner envelope with the ballots cast in person to be opened together when counted.

Online voting is another option. Under § 720.317, an association may hold elections and other votes through an internet-based system when a member consents, electronically or in writing, and the statutory requirements are met. Boards weighing platforms can learn more about HOA electronic voting.

Who can run for the board, and when is an election not required?

Florida makes every member eligible to serve and lets members nominate themselves at the meeting where the election is held, unless the governing documents set a different process. Two rules are worth flagging.

An election is not required unless more candidates are nominated than there are vacancies (§ 720.306), so if only three candidates run for three seats, they can take office without a vote. 

And certain members are not eligible: someone delinquent in any fee, fine, or other monetary obligation on the last day candidates may be nominated, and in most cases someone convicted of a felony unless their civil rights were restored at least five years earlier. Directors are elected by plurality of votes cast.

Are there common reasons why an HOA election might be challenged or declared invalid?

Most successful challenges come down to process. Common triggers include:

• Defective notice: Late, incomplete, or improperly delivered meeting notices.
• Ineligible candidates or voters: Allowing a delinquent member to run, or counting votes from members whose eligibility was not checked.
• Ballot problems: Counting more than one ballot for a parcel, opening inner envelopes too early, or miscounting.

Boards can avoid these problems with a documented checklist, an independent ballot counter, and a written record of every step. Keep the notice proofs, voter list, ballot log, and tally sheets together.

Ballots, sign-in sheets, and proxies must be kept at least one year after the vote (§ 720.303), and since 2024, associations with 100 or more parcels must post many official records on a secure owners-only website (HB 1203 summary). Reliable records protect the board if the 60-day challenge period brings a complaint.

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A compliant election is mostly a records problem, and records are where good software helps. 

HOA Start’s HOA software gives your board one place to run online voting for board elections and member polls, send notices to every owner, schedule meetings and keep minutes in Boardroom, and keep voting records organized for the next cycle.

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Frequently Asked Questions

Are Florida HOA and condo election rules the same?

• No. Homeowners associations follow Chapter 720 of the Florida Statutes, while condominiums follow Chapter 718, and the two chapters handle elections differently.
• The familiar two-notice process with a 60-day first notice and a ballot mailing comes from the condominium statute, not from Chapter 720.
• Condo boards also face stricter rules on proxies and minimum turnout, including the 20 percent turnout requirement for condo board elections.
• Confirm which chapter governs your community before you build an election timeline.

Is a 60-day first notice required for HOA elections?

• Not by Chapter 720, which requires actual notice of membership meetings not less than 14 days before the meeting.
• Your bylaws or election policy may require a longer timeline or a first notice with a call for candidates, and if they do, you must follow them.
• Annual meeting notices do not have to state the purpose, but special meeting notices must.
• Board meetings have separate rules, including written notice at least 14 days ahead when the board will consider special assessments or rule amendments.
• Keep proof of mailing and electronic transmission for every notice you send.

Can I vote by proxy in an HOA election?

• Usually, because § 720.306 lets members vote in person or by proxy unless the governing documents provide otherwise.
• A valid proxy must be dated, state the date, time, and place of the meeting, and be signed by the member.
• It is effective only for the specific meeting and automatically expires 90 days after the meeting.
• Members can revoke a proxy, and some governing documents restrict proxies, so check yours before accepting them.
• Condominiums are stricter, because general proxies are not allowed in condo board elections.

How long do I have to challenge an election?

• Any challenge to the election process must be commenced within 60 days after the results are announced under § 720.306.
• Because the clock starts at the announcement, owners should gather the notices, minutes, ballot packet, and voter list quickly.
• Election and recall disputes go to binding arbitration with DBPR or to court, and the petitioner pays a filing fee of at least $200.
• The prevailing party can recover reasonable costs and attorney fees as determined by the arbitrator.

Does DBPR investigate HOA complaints?

• No. DBPR states that it can arbitrate election and recall disputes under Chapter 720 but does not investigate complaints under that chapter.
• Florida’s ombudsman office covers condominiums, not HOAs, so HOA owners cannot rely on it.
• Mediation, which applies to many other HOA disputes, does not apply to election and recall disputes.
• Fraudulent voting is also a first-degree misdemeanor under § 720.3065, which a 2024 law broadened to reach people who aid, abet, or conspire.

Can an HOA vote online?

• Yes. Section 720.317 allows an association to hold elections and other votes through an internet-based system when a member consents.
• Consent can be given electronically or in writing, and the statute’s system requirements must also be met.
• Those requirements include a way to authenticate the member’s identity and, where the documents call for secret ballots, a way to separate identifying information from the ballot.
• Check your governing documents too, and keep a record of each member’s consent.

Who can run for the board?

• Generally any member, and members may nominate themselves at the meeting where the election is held unless the governing documents set a different process.
• A member who is delinquent in any fee, fine, or other monetary obligation on the last day to nominate candidates is not eligible.
• Certain felony convictions can also disqualify a person from serving, so confirm eligibility before the ballot is finalized.
• An election is not required unless more candidates are nominated than there are vacancies.

Disclaimer: This article is for general educational purposes and is not legal advice. HOA election rules vary by state and by governing documents, so consult your association’s attorney before relying on any statute or procedure.