Florida condominium elections run on a statutory calendar that begins at least 60 days before the annual meeting and ends with secret ballots counted in public, while homeowners association elections follow the association's bylaws within a looser statutory framework that usually allows proxies and nominations from the floor. In both, an owner more than 90 days delinquent cannot run, and mistakes in notice or ballot handling can void the result. This guide walks through each step.
Condominium elections: the calendar
Chapter 718 and the Division's rules prescribe the condominium election process in detail. Unless the association has fewer than ten units and has opted out of the statutory process in its bylaws, the association must follow it.
| When | What must happen |
|---|---|
| At least 60 days before the election | Mail, deliver or electronically transmit the first notice of the election date to every owner |
| At least 40 days before | Deadline for candidates to give the association written notice of intent to run |
| At least 35 days before | Deadline for candidates to submit an optional information sheet (one side of an 8½ × 11 page) |
| 14 to 34 days before | Mail, deliver or electronically transmit the second notice with the agenda, the ballot listing candidates alphabetically, the candidate information sheets, and the inner and outer envelopes |
| Election day | Ballots collected until the polls close; outer envelopes verified; ballots counted in front of owners by a committee or impartial tellers; results announced and minuted |
A few rules within the calendar deserve emphasis. Write-in candidates are not permitted; only owners who timely gave notice of intent appear on the ballot. If the number of candidates does not exceed the number of vacancies, no election is held and the candidates take office at the annual meeting. The association may not edit, censor or comment on candidate information sheets and bears no liability for their content.
Ballots, envelopes and the 20 percent rule
Condominium elections are by secret written ballot (or a statutorily compliant electronic voting system). The owner marks the ballot, seals it in an unmarked inner envelope, places that inside an outer envelope pre-addressed to the association that bears the owner's name, unit number and signature, and returns it. At the meeting, the outer envelopes are checked against the roster for eligibility and signatures, then opened and the inner envelopes separated from them before any ballot is counted, so that no ballot can be tied to a voter.
There is no quorum requirement for a condominium election, but the election is valid only if at least 20 percent of the eligible voters cast ballots. Proxies may not be used to elect directors (limited proxies remain available for other votes at the same meeting). Ballots may not be counted before the meeting, and anyone who handles envelopes before the count should be an impartial committee member or teller, not a candidate.
Who may run for a condominium board
A candidate must be a unit owner (or, where the documents allow, an officer or designee of an entity owner or a spouse). A person is not eligible if he or she:
- Is more than 90 days delinquent in any monetary obligation to the association
- Has been convicted of a felony in any jurisdiction and has not had civil rights restored for at least five years
- Has been suspended or removed by the Division, or is otherwise disqualified by statute (recent amendments added disqualification for persons charged with certain offenses)
- Would exceed the term limit: a director may not serve more than eight consecutive years unless approved by two-thirds of all votes cast in the election or there are not enough eligible candidates to fill the vacancies
Co-owners of a single unit may not serve together unless they own more than one unit or there are not enough candidates. Newly elected directors must complete the state-approved education requirement within 90 days and file the written certification described in our director certification article; a director who does not is suspended until compliant.
Homeowners association elections
Chapter 720 leaves most of the process to the bylaws. The statute requires that elections be held at the annual meeting (or as the bylaws otherwise provide), that owners receive written notice at least 14 days before the meeting by mail, delivery or electronic transmission to consenting owners, and that the notice also be posted conspicuously on the property 14 days in advance. Unless the bylaws provide a different method, all members are eligible to serve and nominations may be taken from the floor; if the election process allows candidates to be nominated in advance, floor nominations are not required, and if the number of candidates does not exceed the vacancies, the candidates are seated without an election.
HOA elections generally permit proxies, including general proxies, unless the bylaws require secret ballots; many communities have amended their bylaws to adopt a condominium-style ballot process. Owners more than 90 days delinquent and persons convicted of a felony without restored rights are ineligible, and since 2024 HOA directors must also complete state-approved education within 90 days of election. Chapter 720 does not impose a statutory term limit, although the documents may.
Electronic voting
Both chapters allow electronic voting through a system that authenticates the voter's identity, confirms the ballot was received, separates the voter's identity from the ballot for elections, and produces a record for the association. The board must adopt a resolution authorizing electronic voting at a properly noticed meeting, and each owner must consent in writing to vote electronically; owners who do not consent vote by paper. Electronic votes count toward the 20 percent participation requirement in condominiums. Legislation enacted in 2025 expanded owners' ability to require associations to offer electronic voting, so boards that have resisted it should expect the question.
Common mistakes that void elections
- Sending the first or second notice late, or sending the second notice more than 34 days before the election
- Placing a candidate on the ballot who missed the 40-day deadline, or omitting one who met it
- Counting outer envelopes or ballots before the meeting, or allowing candidates to handle them
- Failing to reach 20 percent participation and seating directors anyway
- Seating a delinquent or otherwise ineligible candidate
- Holding an election when candidates did not outnumber vacancies (and vice versa)
- In HOAs, refusing floor nominations when the bylaws do not provide for advance nominations
Resolving election disputes
Election disputes are excluded from the presuit mediation process. A condominium owner who wishes to challenge an election must file a petition for binding or nonbinding arbitration with the Division within 60 days after the election results are announced, and the arbitrator may order a new election. HOA election disputes go to Division arbitration or directly to circuit court under section 720.311. In both settings the prevailing party may recover attorney's fees, so the cost of a defective election is not limited to running it again.
Frequently Asked Questions About Association Elections
Do we need a quorum to hold a condominium election?
No. A condominium election is valid without a quorum, but at least 20 percent of the eligible voters must cast ballots. The annual meeting itself still needs a quorum for any other business.
Can owners vote by proxy in a board election?
Not in a condominium (or cooperative) election of directors, except in associations of ten or fewer units that have opted out of the statutory process. HOA owners may vote by proxy in elections unless the bylaws require secret ballots.
An owner filed notice of intent 39 days before the election. Can we add the name?
No. The 40-day deadline is jurisdictional in practice: a candidate whose notice arrives late may not appear on the ballot, and adding the name exposes the election to challenge. Counsel should review borderline timing questions, such as notices received by email after business hours.
Can a director serve more than eight consecutive years in a condominium?
Only if two-thirds of all votes cast in the election approve the director's continued service, or there are not enough eligible candidates to fill the vacancies. Terms served before the term-limit statute took effect are counted according to the effective-date rules, which counsel should confirm for a particular director.
What happens if nobody runs?
In a condominium, if candidates do not exceed vacancies, the candidates are seated without an election; if there are no candidates at all, the existing directors continue to serve until successors are elected, and the bylaws or statute govern appointment to vacancies. An HOA follows its bylaws and may fill vacancies by board appointment.
How long does an owner have to challenge a condominium election?
Sixty days after the election results are announced, by petitioning the Division for arbitration. Boards should retain all election materials for at least one year as the statute requires, and longer if a challenge is pending.
Contact Hamilton Mikes
Hamilton Mikes prepares election notices and ballots, supervises contested elections, and represents associations in election arbitration and litigation throughout Southwest Florida. Call 239-594-7227 or visit our Corporate Governance page.
Statutes and authorities referenced
- § 718.112(2)(d), Fla. Stat. (condominium board elections, notices, ballots, eligibility, term limits)
- § 718.112(2)(b), Fla. Stat. (proxies; voting)
- § 718.128, Fla. Stat. (electronic voting)
- § 718.1255, Fla. Stat. (election disputes; Division arbitration)
- § 719.106(1)(d), Fla. Stat. (cooperatives)
- § 720.306(2), (8), (9), Fla. Stat. (HOA meetings, proxies, elections, eligibility)
- § 720.311(1), Fla. Stat. (election and recall disputes excluded from presuit mediation)
- Fla. Admin. Code R. 61B-23.0021 (condominium election procedures)