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Condominium Election Checklist: Running a Chapter 718 Election From the 60-Day Notice to the Records Turnover
The full Chapter 718 election step by step: the 60, 40, 35 and 14-to-34 day sequence, envelopes under the Division rule, the 20 percent threshold and counting.
A condominium election is the most heavily prescribed thing a Florida board does. The dates come from § 718.112(2)(d)5.a., the envelopes and the counting come from a Division rule, and the electronic options come from § 718.128. Miss any one of them and a losing candidate has 60 days to say so. This checklist runs the whole sequence.
Download the PDFThe PDF is a designed, printable copy for the board packet, the bulletin board or your meeting portfolio. On screen, you can tick the boxes below; nothing you tick is saved or sent anywhere.
This checklist is for a residential condominium running a regular election at the annual meeting. If you are running an election in an HOA or a cooperative, or you manage a mixed portfolio, start from the cross-chapter association election checklist instead.
Two things to know before you start. First, the dates are statutory floors and ceilings, not suggestions; there is no substantial-compliance forgiveness written into the section. Second, the inner and outer envelope machinery everyone calls "the statute" is not in Chapter 718 at all. It is in Fla. Admin. Code R. 61B-23.0021, which is where a manager should read the operative language.
Sixty days out: the first notice
§ 718.112(2)(d)5.a.
It may go by separate association mailing or be included in another mailing, delivery or transmission, including a regularly published newsletter.§ 718.112(2)(d)5.a.
The statute does not spell out what the first notice must contain beyond the date of the election. Owners cannot meet a 40-day deadline they were not told about, and a first notice that omits it invites a challenge.
§ 718.112(2)(d)7.
§ 718.112(2)(d)3.
Forty days out: notices of intent to run
§ 718.112(2)(d)5.a.
The statute fixes eligibility at the time of the deadline for submitting the notice of intent. A candidate who pays off a delinquency after that date is still not a proper candidate.§ 718.112(2)(d)3.
§ 718.112(2)(d)3.
§ 718.112(2)(d)3.
Say so in writing to the owners rather than simply cancelling the ballot mailing with no explanation.§ 718.112(2)(d)3.; § 718.112(2)(d)5.a.
The association bears the mailing, delivery, transmission and copying costs and is not liable for the contents. It may print or duplicate the sheets on both sides to reduce cost.§ 718.112(2)(d)5.a.
The association's protection is that it is not liable for the contents. Editing them forfeits that position.
Fourteen to thirty-four days out: the second notice and ballot package
Both ends are hard limits. A package sent on day 35 is as defective as one sent on day 13.§ 718.112(2)(d)4.; § 718.112(2)(d)5.a.
§ 718.112(2)(d)5.a.
Fla. Admin. Code R. 61B-23.0021
§ 718.112(2)(d)5.a.
§ 718.112(2)(d)4.
§ 718.112(2)(d)4.
§ 718.112(2)(d)5.a.
Electronic voting and the e-mail ballot option
§ 718.128(4)
§ 718.128(1), (5)
Ballot secrecy in an electronic election is a system requirement, not a matter of the association's good intentions.§ 718.128(1)-(2)
§ 718.128(3)
§ 718.128(6)
This option exists only in Chapter 718. Neither § 719.129 nor § 720.317 contains it.§ 718.128(7)
Receiving and storing envelopes
Fla. Admin. Code R. 61B-23.0021
The election committee and the count
Chapter 718 does not create an election committee. The impartial committee comes from the Division rule, and using the label "election committee" in your documents does not change what the rule requires of it.Fla. Admin. Code R. 61B-23.0021
Fla. Admin. Code R. 61B-23.0021
Fla. Admin. Code R. 61B-23.0021
Fla. Admin. Code R. 61B-23.0021
This is the step that severs the ballot from the voter. Doing it envelope by envelope destroys ballot secrecy and is the defect most often raised after a close election.Fla. Admin. Code R. 61B-23.0021
Fla. Admin. Code R. 61B-23.0021
§ 718.112(2)(d)5.a.
Fla. Admin. Code R. 61B-23.0021
After the election
Five calendar days, not five business days, and it reaches committee members as well as directors. This is a different deadline from the 10 full business days a recalled director gets under § 718.112(2)(l).§ 718.111(12)(f)
A director who does not file on time is suspended from the board until he or she complies, and the board may temporarily fill the vacancy. The certificate is valid 7 years, with 1 hour of continuing education annually after the first year.§ 718.112(2)(d)5.b.
Fla. Admin. Code R. 61B-23.0021; § 718.111(12)(a)12.
§ 718.112(2)(d)5.c.
§ 718.111(12)(g)
Statutes and authorities referenced
§ 718.112(2)(d)3., Fla. Stat. (candidate eligibility, term limits, co-owners, vacancies)
§ 718.112(2)(d)4., Fla. Stat. (annual meeting notice, posting and the mailing affidavit)
§ 718.112(2)(d)5., Fla. Stat. (written ballot or voting machine; no proxy in board elections)
§ 718.112(2)(d)5.a., Fla. Stat. (60, 40, 35 and 14-to-34 day sequence; 20 percent threshold; plurality)
Fla. Admin. Code R. 61B-23.0021 (regular elections: inner and outer envelopes, impartial committee, counting, ties, retention)
Contact Hamilton Mikes
Hamilton Mikes runs condominium election calendars for Southwest Florida boards and managers, reviews candidate eligibility determinations before they are sent, and handles arbitration when the result is challenged. Call 239-594-7227 or visit our Corporate Governance page.
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Printed from https://hamiltonmikes.com/downloads/condominium-election-checklist · Hamilton Mikes, P.A. · 239-594-7227 · General information, not legal advice.