🗳️
Select your role and situation above
Florida HOA election and board conduct law is very specific. We'll show you exactly what the rules are.
🏠 Resident / Owner
Florida Statute § 718.112(2)(d) · § 720.306 · Florida Admin. Code 61B-23
Florida condo elections are governed by some of the most detailed election rules of any state — and violations can invalidate results.
Florida condominium elections are governed by both statute and administrative rule (Florida Administrative Code 61B-23). The rules cover candidate eligibility, notice requirements, ballot procedures, voting rights, and the election process itself. For HOAs under Chapter 720, the requirements are somewhat less detailed but still specific. Violations of these procedures can be challenged through arbitration.
Read Florida Statute § 718.112 →
✅
What a Proper Florida Condo Election Requires
- Written notice of the election mailed at least 60 days before the election date
- Candidate information sheets mailed with the second notice (14-34 days before election)
- Secret ballot — no proxy voting for board elections
- Inner and outer envelopes for mailed ballots to protect voter identity
- An impartial election committee that is not the board
- Ballots opened and counted at the meeting in front of all attendees
- Candidate eligibility verified — candidates must be unit owners in good standing
- Results announced at the meeting and documented in minutes
How to Challenge an Election
- File a petition for mandatory arbitration with the Florida DBPR within 60 days of the election
- Document the specific procedural violations — what rule was broken and how
- Gather evidence — notices received (or not), ballot envelopes, witness statements
- The arbitration process is faster and less expensive than court — but has strict deadlines
- Consult a Florida HOA attorney before filing — the procedural requirements for arbitration are also specific
This is general legal information, not legal advice. Election challenges have strict deadlines. If you believe an election was improperly conducted, consult a Florida HOA attorney immediately — do not wait.
🏠 Resident / Owner
Florida Statute § 718.112(2)(j) · § 720.303(10)
Florida owners can recall board members by written agreement or membership vote — without waiting for the next election.
Florida law provides two recall methods: recall by written agreement (petition signed by a majority of total voting interests) or recall by vote at a special meeting. The recall is effective immediately upon delivery of the written agreement to the board — the board cannot simply refuse to recognize it. If the board disputes the recall, the dispute goes to arbitration.
Read Florida Statute § 718.112(2)(j) →
The Recall Process — Step by Step
1
Determine which method you will use. Written agreement (petition) or special meeting vote. Both require a majority of total voting interests — not just those who show up or respond.
2
For written recall — prepare a proper recall agreement. The document must identify the board member(s) being recalled by name and the grounds for recall. Each unit owner signing must sign separately. Florida Admin. Code has specific form requirements.
3
Collect signatures from a majority of total voting interests. This is harder than it sounds — it means a majority of ALL owners, not just those who care or respond. Plan your outreach carefully.
4
Deliver the recall agreement to the board. The recall is effective upon delivery. The board must then fill the vacancy — either by the remaining board members or by election depending on your documents.
5
If the board disputes the recall — it goes to arbitration. The board must file for arbitration within 5 business days of receiving the recall or it is deemed accepted. The recalled member must cease serving during arbitration.
This is general legal information, not legal advice. Recall proceedings are legally technical and procedurally demanding. Consult a Florida HOA attorney before beginning a recall effort — errors in procedure can invalidate the entire effort.
🏠 Resident / Owner
Florida Statute § 718.112(2)(c) · § 720.303(2)
Most board meetings must be open to all owners — with proper advance notice.
Florida law requires that board meetings be open to unit owners and proper advance notice be given. For condominiums, notice must be posted conspicuously in the community at least 48 hours before the meeting. Owners must be allowed to attend and speak. There are limited exceptions — meetings with the association's attorney regarding litigation, for example — but regular business meetings cannot be conducted in private.
Read Florida Statute § 718.112(2)(c) →
✅
Your Rights at Board Meetings
- Right to notice of all board meetings — at least 48 hours for condos
- Right to attend all open board meetings
- Right to speak during the owner forum portion of the meeting
- Right to receive copies of meeting minutes upon request
- Right to inspect official records including minutes of all meetings
📋
Legitimate Closed Meeting Exceptions
- Meetings with association attorney regarding active or pending litigation
- Personnel matters involving association employees
- Some contract negotiation discussions — check your specific documents
- Executive sessions as specifically permitted by your governing documents
What to Do If You Suspect Secret Meetings
- Request copies of all board meeting minutes for the past year — this is your legal right
- Compare decisions made to meetings noticed and minuted — gaps may indicate improper meetings
- Submit a written request asking the board to confirm all meetings were properly noticed
- If you find evidence of improper closed meetings, file a complaint with Florida DBPR
- Improperly conducted meetings may invalidate decisions made at those meetings
This is general legal information, not legal advice. Florida's open meeting requirements for HOAs and condos differ somewhat. Consult a Florida HOA attorney if you believe the board is systematically conducting business outside of properly noticed meetings.
🏠 Resident / Owner
Florida Statute § 718.112(2)(b) · § 720.306
Without quorum, a board or membership meeting generally cannot conduct official business.
Quorum is the minimum number of members required to be present for a meeting to conduct valid business. For board meetings, quorum is typically a majority of board members. For membership meetings, quorum requirements are set in your governing documents — often 30% or more of total voting interests. Actions taken without quorum may be voidable.
🔍
If Quorum Was Not Met
- Check your Declaration and Bylaws for the exact quorum requirement
- Review the meeting minutes — was quorum confirmed and documented?
- If decisions were made without quorum, those decisions may be challengeable
- Send a written inquiry to the board asking them to confirm quorum was met and how it was counted
- File a complaint with Florida DBPR if the board refuses to address the quorum issue
Common Quorum Issues
- Counting proxies incorrectly — Florida has specific rules about which proxies count toward quorum
- Board members participating by phone when documents don't allow it
- Losing quorum mid-meeting when members leave — remaining business may be invalid
- Annual meeting quorum failures — many communities struggle to get enough owners to attend
This is general legal information, not legal advice. Quorum requirements and the consequences of quorum failures depend on your specific governing documents. Consult a Florida HOA attorney if decisions were made at a meeting where quorum is in question.
📋 Board Member
Florida Statute § 718.112(2)(d) · Florida Admin. Code 61B-23
Florida condo elections have some of the most detailed procedural requirements of any state — and the DBPR takes violations seriously.
The Florida DBPR receives hundreds of election dispute arbitration petitions every year. The most common violations are procedural — improper notice, wrong ballot format, improperly counted proxies, or ineligible candidates. These are entirely preventable with proper preparation.
Read Florida Statute § 718.112(2)(d) →
Election Compliance Checklist
1
First notice — at least 60 days before election. Must include the date of the election and a notice that candidates may qualify by submitting a notice of intent to be a candidate.
2
Candidate qualification deadline — at least 40 days before election. Candidates submit notice of intent. Verify eligibility — must be unit owners in good standing (current on dues, no pending violations).
3
Second notice — 14 to 34 days before election. Must include ballots, outer and inner envelopes, candidate information sheets, and instructions. No proxy voting for board elections.
4
Appoint an impartial election committee. Must not include board members, candidates, or their spouses. The committee verifies ballots and counts votes.
5
Count ballots at the meeting — in public. The election committee opens and counts ballots at the meeting in front of all attendees. Results announced immediately. Document everything in the minutes.
This is general legal information, not legal advice. Have your election procedures reviewed by association counsel before each election cycle. One procedural error can result in a costly arbitration proceeding that overturns the election results.
📋 Board Member
Most important rule: The board cannot obstruct or interfere with a properly initiated recall effort. Attempting to do so creates significant personal liability for board members and can itself become grounds for removal.
✅
What the Board Must Do
- Upon receiving a recall petition — verify it meets the procedural requirements
- Count signatures carefully — must be a majority of total voting interests
- If valid — the recall is effective immediately upon delivery
- If disputing the recall — file for arbitration within 5 business days
- Recalled members must cease serving immediately upon valid recall delivery
- Cooperate fully with any arbitration proceedings
What the Board Cannot Do
- Refuse to recognize a valid recall petition
- Retaliate against owners who signed the recall petition
- Continue conducting business as if the recall did not happen
- Use association funds to fight a recall — this is a personal matter for the recalled member
- Intimidate or threaten owners involved in recall efforts
This is general legal information, not legal advice. If your board receives a recall petition, consult association counsel immediately. The 5-day deadline to dispute is extremely tight and missing it means the recall is deemed accepted.
📋 Board Member
Florida Statute § 718.112(2)(c) · § 720.303(2)
Board meetings must be noticed and open — with very limited exceptions.
Florida law requires that all board meetings be open to unit owners and that proper notice be posted at least 48 hours in advance (condos) or mailed/delivered as required by your governing documents (HOAs). Conducting regular board business in private — through email chains, phone calls among a quorum of the board, or unnoticed gatherings — likely violates Florida's open meeting requirements.
Read Florida Statute § 718.112(2)(c) →
📋
Board Meeting Compliance Checklist
- All meetings posted conspicuously at least 48 hours in advance (condos)
- Notice includes date, time, and location of meeting
- All owners allowed to attend — no exclusions
- Agenda available to owners at or before the meeting
- Owner forum included — owners have the right to speak
- Minutes taken and available to owners upon request
- Email discussions among a quorum of board members about board business — potentially a sunshine law issue, consult counsel
- Closed sessions only for legally permitted exceptions — document the exception in minutes
This is general legal information, not legal advice. Florida's open meeting requirements for HOAs and condos have nuances. Have your board's meeting procedures reviewed by association counsel annually.
📋 Board Member
✅
Board Meeting Quorum
- Typically a majority of board members — check your Bylaws for exact requirement
- Confirm and document quorum at the start of every meeting
- If a board member leaves mid-meeting — recheck quorum before continuing business
- Phone/video participation — only if your documents or Florida law allows it
- Without quorum — meeting can be held as informational but no binding votes
Membership Meeting Quorum Problems
- If quorum is not met — the meeting must be adjourned or rescheduled
- Some governing documents allow a reduced quorum at an adjourned meeting — check yours
- Florida allows certain actions — like elections — to proceed by written ballot if quorum cannot be met at a meeting
- Never proceed with binding votes if quorum has not been confirmed and documented
- Decisions made without quorum can be challenged and voided
This is general legal information, not legal advice. Quorum requirements vary by community. Review your specific Bylaws and consult association counsel if your community consistently struggles to achieve quorum for membership meetings.