In a Florida condominium, the election of directors must be by secret ballot or a compliant electronic vote, never by proxy, while most other owner votes may be cast by limited proxy, a form that tells the proxy holder exactly how to vote on each listed item. Homeowners associations may use general or limited proxies for any vote unless their bylaws say otherwise. Every proxy expires 90 days after the meeting for which it was given, units owned by more than one person or by an entity generally need a voting certificate on file, and either community may adopt electronic voting by board resolution with owner consent. Getting these mechanics right is the difference between a valid vote and a do-over.
Three ways an owner may vote
- In person at the meeting, by voice, show of hands or written ballot as the bylaws provide.
- By proxy, appointing another person to vote for the owner at a specific meeting.
- Electronically, through a system the association has adopted under the electronic-voting statutes.
Which methods are available depends on the type of community, the type of vote, and the bylaws.
Condominiums: limited proxies and the election exception
Chapter 718 draws a sharp line. General proxies, which let the holder vote however he or she chooses, may be used in a condominium only for procedural matters: establishing a quorum, adjourning, and nonsubstantive items. For substantive owner votes the statute requires a limited proxy, on a form that lists each question and lets the owner check yes or no, so that the holder has no discretion. Limited proxies are required for votes to waive or reduce reserves, to waive the financial reporting requirements, to amend the declaration, articles or bylaws, to approve material alterations or substantial additions under section 718.113(2), and for any other matter for which the statute requires or permits a vote of the owners.
Elections of directors are the exception. Owners may not vote by proxy in a condominium election (other than in associations of ten or fewer units that have opted out of the statutory election process); they vote by secret written ballot in the double-envelope system or by a compliant electronic vote. Our election guide covers that process.
Every condominium proxy must be in writing, signed by the owner (or the person holding the voting certificate), dated, identify the meeting for which it is given, and be delivered to the association before the appointed time of the meeting. A proxy is effective only for the specific meeting and any lawful adjournment of it, is revocable at any time at the pleasure of the owner, and is invalid 90 days after the date of the meeting for which it was originally given. The association must retain proxies with the election and voting records for one year.
Homeowners associations: broader proxy use
Chapter 720 permits members to vote in person or by proxy on any matter unless the bylaws provide otherwise, and both general and limited proxies are allowed, including in the election of directors unless the bylaws require a secret ballot. The same formalities apply: the proxy must be in writing, signed, dated and specific to the meeting, is revocable, and expires 90 days after the meeting. A proxy holder need not be a member unless the bylaws say so.
Many HOAs have adopted condominium-style procedures, either by amending the bylaws to require secret ballots for elections or by adopting electronic voting; the reason is usually a contested election in which general proxies collected door-to-door decided the result.
Voting certificates
When a unit or parcel is owned by more than one person, or by a corporation, LLC, trust or other entity, the association needs to know who is entitled to cast the unit's single vote. The bylaws and the Division's rules generally require a voting certificate, signed by all record owners (or by an authorized officer of the entity), designating the voter, and filed with the association before the vote. Most bylaws exempt units owned jointly by spouses, and some allow any one co-owner to vote absent objection; the association's own documents control. Without a required certificate on file, the unit's vote (and its proxy) cannot be counted. A voting certificate remains in effect until revoked or until the ownership changes, so the roster should note which units have current certificates.
Electronic voting
Sections 718.128 and 720.317 allow an association to conduct owner votes, including elections, through an online voting system if:
- The board adopts a resolution authorizing electronic voting at a properly noticed board meeting, with the notice to owners stating that electronic voting will be considered and providing the procedure and deadline for owners to consent.
- Each owner who wishes to vote electronically consents in writing; owners who do not consent continue to receive paper ballots and proxies, and the two systems are combined in the count.
- The system authenticates the owner's identity, confirms that the ballot was received and not altered, and, for elections, separates the owner's identity from the ballot so that votes remain secret while still permitting verification of who voted.
- The system stores and keeps the votes accessible for recount, inspection and review.
An owner who has consented to electronic voting and casts an electronic ballot is counted toward quorum and, in a condominium election, toward the 20 percent participation requirement. Legislation enacted in 2025 expanded owners' ability to require associations to offer electronic voting, and boards should expect the request. Electronic voting has proven the most effective tool for reaching quorum in seasonal Southwest Florida communities.
Common mistakes that invalidate votes
- Using a general proxy for a condominium vote that requires a limited proxy (reserve waivers are the most frequent example)
- Accepting proxies for a condominium director election
- Counting a proxy dated for a different meeting, or more than 90 days after the original meeting
- Counting votes from multi-owner or entity-owned units with no voting certificate when the bylaws require one
- Failing to adopt the electronic-voting resolution at a properly noticed meeting, or accepting electronic votes from owners who did not consent
- Allowing a candidate or an interested party to collect and hold proxies without the safeguards the bylaws require
Condominium versus HOA at a glance
| Condominium / cooperative | Homeowners association | |
|---|---|---|
| General proxies | Procedural matters only (quorum, adjournment) | Any vote unless bylaws provide otherwise |
| Limited proxies | Required for substantive owner votes (reserves, amendments, material alterations, financial reporting) | Permitted |
| Proxies in director elections | Not permitted (except ≤10-unit associations that opted out) | Permitted unless bylaws require secret ballots |
| Proxy validity | Specific meeting and adjournments; revocable; expires 90 days after the meeting | Same |
| Voting certificates | Generally required for multi-owner and entity-owned units per bylaws and Division rules | Per the bylaws |
| Electronic voting | § 718.128: board resolution, compliant system, owner consent | § 720.317: same framework |
Frequently Asked Questions About Proxies and Voting
Can owners give their proxy to a board member?
Yes, unless the bylaws prohibit it. In a condominium the proxy must be a limited proxy for substantive votes, so the holder's identity matters less because the owner has already marked the vote. Boards should avoid soliciting proxies for their own election in HOAs where proxies are allowed; it is lawful but invites challenges.
How long is a proxy good for?
For the meeting named in it and any adjournment, and in no event more than 90 days after the date of the meeting for which it was originally given. A new meeting needs a new proxy.
Our unit is owned by an LLC. Who votes?
The person designated in a voting certificate signed by an authorized officer or manager of the LLC and filed with the association. Without one, the unit's vote generally cannot be counted.
Can we require all owners to vote online?
No. Electronic voting is available only to owners who consent in writing; owners who do not consent must still be able to vote by paper ballot or proxy, and the association must combine the two.
Do electronic votes count toward the 20 percent needed for a condominium election?
Yes. Electronic ballots from consenting owners are counted with paper ballots toward the participation requirement and, for other votes, toward quorum.
An owner sent a proxy by email. Is it valid?
Generally yes, if it is a signed, dated copy identifying the meeting and it is received before the meeting; the statutes permit delivery by facsimile or electronic transmission unless the bylaws prohibit it. The original should be kept in the voting records for one year.
Contact Hamilton Mikes
Hamilton Mikes prepares proxy forms, voting certificates and electronic-voting resolutions, supervises contested votes, and defends challenges to owner votes for associations throughout Southwest Florida. Call 239-594-7227 or visit our Corporate Governance page.
Statutes and authorities referenced
- § 718.112(2)(b), Fla. Stat. (condominium voting; proxies; limited proxies; 90-day validity)
- § 718.112(2)(d), Fla. Stat. (elections by ballot; no proxies for director elections)
- § 718.128, Fla. Stat. (condominium electronic voting)
- § 719.106(1)(b) and (d), Fla. Stat. (cooperatives)
- § 720.306(8), Fla. Stat. (HOA proxies; 90-day validity)
- § 720.317, Fla. Stat. (HOA electronic voting)
- Fla. Admin. Code R. 61B-23.002 and 61B-23.0021 (Division rules on voting and elections)
- Session law: HB 913 (2025) (electronic voting changes — verify)