Keeping up With the Times: Elections and Voting for Florida Managed Communities
Voting in Florida community associations used to be a fairly straightforward affair: mail a notice, hold a meeting, count the ballots, and hope no one accuses you of a coup. Today, the process is an evolving ecosystem of statutory requirements, cybersecurity threats, electronic voting platforms, and case law that seems to grow more complicated each year. With the 2025 updates and the reforms brought by HB 913, elections and owner voting have officially entered their own “modern era,” complete with all the conveniences and hazards that implies.
I. The Legal Framework: How Florida Structures Voting Rights
Florida’s voting rights scheme for community associations stems primarily from the Florida Statutes, along with the Not-For-Profit Corporation Act. Condominium election and voting procedures are largely driven by the specific and detailed requirements of Chapter 718 (the Condominium Act). Alternatively, Chapter 720 (the Homeowners’ Association Act) is substantially less strict, and HOA voting is mostly governed by the governing documents. That means that no matter how complicated the voting process gets for condominiums, it’s usually one-size-fits-all, whereas HOAs can have extremely different procedures depending on who wrote the bylaws and when. Since condominium procedures are statute-driven, they change frequently.
II. Condominium Elections: A Precise and Highly Regulated Process
Condominium elections follow one of the most detailed statutory processes in Florida law. Every step, from the timing of the first notice to the candidate deadlines to the contents of the second notice package, is strictly mandated. For example, the first notice of an election must be sent at least sixty days before the scheduled election. Then, candidates must submit their intent to run no later than forty days before the election. There are candidate deadlines and candidate information sheets to be generated.
By the time the second notice arrives, owners receive an envelope within an envelope within an envelope, each serving a different purpose in preserving ballot secrecy. Even the ballots themselves must be uniform in appearance, and the vote counting must be performed by impartial individuals who are not related to any candidate. Elections are subject to frequent challenges, and every little detail, each minute step, comes with some guidance as a result. The Division of Condominiums also offers an election monitoring service. They will assign a monitor to physically come and conduct your elections, for a fee.
This article only deals with Chapters 718 and 720, pertaining to condominiums and homeowners’ associations. Cooperatives, timeshares, mobile home parks, or other types of communities are not discussed herein.
If this sounds excessive, remember that election irregularities have led to criminal investigations. Pursuant to some recent legislation, forging a ballot or committing election fraud is a third-degree felony. That means someone tampering with envelopes in the clubhouse isn’t just violating decorum - they’re potentially violating the Florida criminal code.
III. HOA Elections: Guided by Documents, Not by Condo Formalities
Homeowners’ association elections operate differently. They do not follow the rigid statutory choreography of condominium elections unless the governing documents adopt elements of the condo process. HOAs, instead, look to their bylaws and other governing documents for guidance, allowing for more flexibility in nomination and voting procedures. Nominations may occur from the floor unless the documents say otherwise, and boards are generally elected by a plurality of the votes cast. This means HOA procedures can be tailored to fit the community more than condominium procedures can, but again, this also creates a wide disparity in how any two HOAs work.
That said, an HOA can choose to conduct a secret-ballot election using the condominium-style inner and outer envelopes; if so, it must follow those rules strictly. Associations that mix and match procedures without amending their bylaws tend to find themselves in legal trouble, often mid-election, which is never the best timing for a revelation that the process was flawed. In the best-case scenario, this results in a delayed election; otherwise, it may result in an invalid election, requiring the whole process to be restarted at the association’s expense.
IV. Electronic Notices are Authorized, but Require Strict Compliance
Florida law now allows electronic notices, but this does not mean associations can fire off meeting announcements “whenever the board remembers.” Notice content, timing, and the requirement of owner consent for electronic delivery remain firmly in place. Notices must contain all mandated materials, including agendas and voting instructions, and must be sent far enough in advance to comply with statutory deadlines. Given that the law still permits owners the right to choose whether to receive electronic notices or not, some associations are required to send a combination of both paper and electronic notices.
Although some owners blame the association when a notice lands in a spam folder, the law places responsibility on owners to provide valid, functional email addresses. On the other hand, if the association sends the notice to an incorrect address or omits required information, the blame shifts squarely back to the board. Proper notice remains one of the most litigated issues in community association law, and electronic transmission has not changed that reality; it has simply added more ways for things to go wrong. Keeping track of who receives what can be its own unique challenge for some associations. Failure to provide proper notice can have severe consequences.
V. Electronic and Online Voting: Convenience Meets Regulation
Electronic voting became authorized in Florida a decade ago, but adoption expanded significantly after 2015. Under current statutes, associations may implement online voting only after the board adopts a formal resolution. Participation by owners is voluntary, and consent may be revoked at any time. The online voting system itself is subject to specific technical requirements, including methods to ensure ballot accuracy and avoid tampering. Importantly, owners who do not consent to electronic voting must still be allowed to cast traditional paper ballots. Electronic voting is an option, not a replacement. And because elections are so heavily regulated, failure to follow procedural requirements for electronic voting can invalidate an entire vote.
Recently enacted law HB 913 added a new twist by requiring condominium associations to accept emailed ballots if they have not adopted electronic voting systems. To qualify, owners must include their typed name, unit number, and a statutorily mandated all-caps warning that submitting a ballot by email waives the secrecy of the ballot. The wording is not optional, and the font must be larger than any other text in the email—think of it as the statutory equivalent of shouting, “THIS IS YOUR CHOICE, BUT JUST SO YOU KNOW…” That said, if the association has adopted e-voting through a resolution, it does not need to accept e-mailed ballots.
This new email voting procedure appears to be the first step in what is likely to be a phased process. So far, the statute is relatively barebones and is leading to many unanswered questions that won’t be resolved until the statute is updated or the courts begin issuing legal decisions. To avoid the potential pitfalls of this new email voting procedure, associations may best be served by adopting an e-voting resolution and/or hiring an e-voting vendor to assist with this complex process.
VI. Vendor Oversight: Outsourcing Does Not Outsource Responsibility
Associations increasingly rely on third-party platforms to administer elections and online voting, but outsourcing the process does not shift liability away from the board. Directors remain responsible for ensuring compliance with statutes, governing documents, notice requirements, and cybersecurity safeguards.
Vendor contracts should be reviewed carefully, and boards should avoid relying entirely on technology without considering audit trails, backup plans, and reporting procedures. If something goes wrong, “the vendor messed up” is rarely an adequate defense.
That said, given the complex technical requirements of condominium voting, the use of a professional voting vendor can provide valuable guidance and assistance to a Board, especially one comprised of directors who are not necessarily tech-savvy. The trick is to ensure that the Association chooses a reliable vendor to assist them; if an experienced and well-respected vendor is chosen, the risk of liability due to an election mistake is significantly reduced. While the buck will always stop with the association when it comes to responsibilities like this, reliance on outside help is permitted and encouraged.
VII. Looking Ahead: Technology, Trends, and the Road to Modernization
Florida’s voting procedures will continue moving toward modernization. Future reforms may address clearer standards for electronic voting systems, a better vote-by-email process, simplification of a very complicated procedure, and more flexibility in document-controlled processes. As with all technology, the goal will have to be a balance of security, function, and ease-of-use.
Associations should prepare by adopting forward-compatible policies, ensuring compliance with notice rules, and embracing technology cautiously and deliberately. As with all issues in condominium law, boards shouldn’t hesitate to contact their attorneys or qualified experts when questions arise.
Voting in Florida community associations has become a complex blend of tradition and technology, legal precision and practical challenges. While electronic voting and emailed ballots promise improved access, they introduce risks that associations must address thoughtfully. For boards, managers, and practitioners, the mandate is clear: understand the law, embrace innovation carefully, and never underestimate the importance—or the fragility—of a well-run election.
