Condominium Election Brochure
Revised for year 2024-2025.
ELECTING YOUR BOARD OF ADMINISTRATION
The board of directors for your condominium association must be elected by the
process prescribed in Chapter 718, Florida Statutes, and Rule 61B-23.0021, Florida
Administrative Code, unless your association has 10 or fewer units and has adopted an
alternate election procedure in its bylaws (see Alternate Election Procedures, below).
This brochure summarizes the process prescribed by the statutes and rules.
The board of administration shall be composed of five members unless the
condominium has five or fewer units.
The board shall consist of not fewer than three members in condominiums with five or
fewer units that are not-for-profit corporations.
Any vacancy on the board of administration caused by the expiration of a term must be
filled by electing a new board member. The election must be held the same day and
place as your association’s annual meeting. Unless otherwise provided in the
association’s bylaws, the annual meeting and election shall be held within 45 miles of
the condominium property. Proxies may not be used in these elections. Individuals are
elected to the board by written ballot or voting machine. Ballots, envelopes, and any
other items used in the election process must be maintained among the association's
official records for at least one year from the date of the election to which these items
relate.
It is important to note that nominating committees are prohibited by statute. Search
committees may be used to encourage individuals to run for the board, however, they
have no authority to nominate candidates for the board. Candidates nominate
themselves by giving notice to the association of their intent to run for the board (see
Notices of Intent, below).
BOARD MEMBER TERM OF OFFICE IN CONDOMINIUMS
The terms of all members of the board shall expire at the annual meeting and such
board members may stand for reelection unless otherwise prohibited by the bylaws.
Board members may serve terms longer than 1 year if permitted by the bylaws or
articles of incorporation.
A board member may not serve more than 8 consecutive years occurring on or after
July 1, 2018, unless approved by an affirmative vote of unit owners representing two-
thirds of all votes cast in the election or unless there are not enough eligible candidates
to fill the vacancies on the board at the time of the vacancy.
If the number of board members whose terms expire at the annual meeting equals or
exceeds the number of candidates, the candidates become members of the board
effective upon the adjournment of the annual meeting.
Condominium Election Brochure
Revised for year 2024-2025.
Unless otherwise provided in the bylaws, any remaining vacancies shall be filled by the
affirmative vote of the majority of the directors making up the new board, even if there is
less than a quorum or even 1 director. (This would be an appointment.)
CANDIDATE ELIGIBILITY
A person must be eligible to serve on the board of directors at the time of the deadline
for submitting a notice of intent to run (At least 40 days before the scheduled election),
in order to have his or her name listed as a proper candidate on the ballot or to serve on
the board.
In an association of more than 10 units, co-owners of a unit may not serve on the board
at the same time unless they own more than one unit or there are not enough eligible
candidates to fill the vacancies on the board at the time of the election.
A person who has been suspended or removed by the division under this chapter, or
who is delinquent in the payment of any assessment to the association, is not eligible to
be a candidate for board membership and may not be listed on the ballot.
A person who has been convicted of any felony in this state or in a United States District
or Territorial Court, or who has been convicted of any offense in another jurisdiction that
would be considered a felony if committed in this state, is not eligible for board
membership unless such felon's civil rights have been restored for a period of no less
than 5 year.
ADVANCE NOTICE
The First Notice of Election
The first notice of election must be mailed, hand-delivered or electronically transmitted
to each unit owner at least 60 days prior to the election and must contain the correct
name and mailing address of the association. This notice should remind the unit owners
that if they wish to run for election, they must submit their notices of intent, in writing to
the association not less than 40 days prior to the election.
The Second Notice of Election
The second notice of election must be mailed or delivered to the unit owners with the
written annual meeting notice that must include an agenda not less than 14 days, or
more than 34 days, before the date of the election and must be posted conspicuously
on the condominium property at least 14 continuous days before the annual meeting. If
an election is to occur, included with the second notices are the printed ballots, the
envelopes for returning the completed ballots and any candidate information sheets that
have been submitted to the board. (See Information Sheet and Ballots and Envelopes
below).
Condominium Election Brochure
Revised for year 2024-2025.
NOTICES OF INTENT
Any unit owner or other eligible person who desires to be a candidate for the board of
administration must give written notice to the board not less than 40 days prior to the
election. Written notice is effective when received by the association. Such notices of
intent should be submitted to the association by one or more of the following methods:
certified mail, return receipt requested, personal delivery, regular U.S. mail, facsimile or
telegram. Upon receipt of a timely delivered notice by personal delivery the association
must issue a receipt acknowledging delivery of the written notice.
INFORMATION SHEET
Any candidate may submit a personal information sheet to the association not less than
35 days prior to the election. This sheet may not exceed one side of an 8½
X
11" sheet
of paper and may contain information describing the candidate's background, education
and qualifications as well as other factors deemed relevant by the candidate. The
association must distribute copies of such sheets with the second notice of election.
The information sheets may be printed on both sides of the page to reduce costs, if
consented to in writing by the candidates involved, two or more candidate information
sheets may be consolidated into a single page. The association may not edit, alter or
otherwise modify the content of the information sheet. The original copy provided by the
candidate becomes part of the official records of the association.
BALLOTS AND ENVELOPES
The ballot must list all eligible candidates in alphabetical order by last name and must
not indicate whether any candidates are incumbents. No write-in candidates are
permitted. Additionally, the ballot must not have a space for the voter's signature.
Except in an association where all units are not entitled to one whole vote (fractional
voting) or where all units are not entitled to vote for every candidate (class voting), all
ballot forms must be uniform in color and appearance. In the case of fractional voting all
ballot forms utilized for each fractional vote must be uniform in color and appearance. If
class voting is used, all ballot forms for a given class must be uniform in color and
appearance.
When the second notice of election is given to the unit owners, the association must
provide each unit owner with at least one outer envelope and with one inner envelope
and one ballot for each unit owned by that owner. The inner and outer envelopes are for
returning the completed ballots and ensuring secrecy in voting. Each smaller, inner
envelope is to contain one completed ballot and is not to have any identifying markings
on it. The larger, outer envelope is to be pre-addressed to the person or entity
authorized to receive the ballots on behalf of the association. The outside of this
envelope must have a place for the name of the eligible voter, the unit identification(s)
and the voter's signature. Once the eligible voter completes the ballot the voter places it
inside the inner envelope and seals it. The inner envelope is then placed inside the
outer envelope and also sealed.
Condominium Election Brochure
Revised for year 2024-2025.
An owner of more than one unit may place several inner envelopes in a single outer
envelope, but each inner envelope may contain no more than one ballot. The owner
then writes the number(s) of his or her unit(s) and signs the outside of the outer
envelope. The sealed envelope may either be mailed or hand delivered to the
association. Once received by the association, no ballot may be rescinded or changed.
Such envelopes received by the association are not to be opened until the election
meeting.
Forgery of a ballot envelope used in a condominium association election or voting
certificate is punishable as forgery pursuant to s. 831.01, F.S., (Forgery &
counterfeiting).
It is important to note that, for a regular election, balloting is not necessary to fill any
vacancy unless there are two or more eligible candidates for that vacancy. If there are
not more candidates than vacancies, then, not later than the date of the scheduled
election, the association must hold a meeting of the unit owners to announce the names
of the new board members or notify the unit owners of the names of the new board
members, or that one or more board positions remain unfilled, as appropriate under the
circumstances. In the alternative, the announcement may be made at the annual
meeting.
CONDUCTING YOUR ELECTION
The election of the board members must take place the same day and place as the
annual meeting. Your documents should indicate when your annual meeting is to take
place. In condominiums, unless otherwise provided in the associations bylaws, the
annual meeting and election shall be held within 45 miles of the condominium property.
A quorum is not required to hold the election; however, at least 20 percent of the eligible
voters must cast ballots in order for the election to be valid. The association must have
additional blank ballots available at the election for distribution to eligible voters who
have not yet voted. These ballots must be handled in the same manner as if previously
submitted, using both the inner and outer envelope and signing the exterior of the outer
envelope.
As the first order of business at the election meeting the ballots not yet cast are
collected. All ballots, whether submitted prior to the election or turned in at the election
must be handled by an impartial committee at the election meeting. The impartial
committee, which is appointed by the board of directors, must not include current board
members or their spouses, officers or their spouses or candidates for the board or their
spouses. The committee must check the signature and unit identification on the outer
envelope against a list of qualified voters. When the voter’s name is found on the list,
the voter's name is checked off as having voted. Any outer envelope not signed by
someone on the list of eligible voters is marked "disregarded" and any ballots inside it
are not counted. The business of the annual meeting may continue during this process.
Condominium Election Brochure
Revised for year 2024-2025.
The impartial committee may, but is not required to, check outer envelope information
prior to the election meeting. Notice that the committee will meet for this purpose must
be posted at least 48 hours in advance. The meeting must be open to all unit owners.
After all of the envelope information has been verified and the eligible voters’ names
checked off the roster, the outer envelopes may be opened. As soon as the first outer
envelope is opened the polls must close and no more ballots may be accepted. The
inner envelopes are first removed from the outer envelopes (that were not disregarded)
and placed in a receptacle. Then the inner envelopes are opened and the ballots are
removed and counted in the presence of the unit owners. Any inner envelope containing
more than one ballot is marked "disregarded" and the ballots contained inside are not
counted. All envelopes and ballots, whether disregarded or not, must be retained with
the official records of the association.
TIE BREAKER
In the event of a tie the association must conduct a runoff election for the candidates
who tied unless the bylaws provide a different method for deciding tie votes. If a runoff
election is required it must be held not less than 21 days or more than 30 days after the
date of the election at which the tie occurred. Within seven days of the election at which
the tie vote occurred the board must mail or personally deliver to the voters a notice of
the runoff election. The notice must inform the voters of the date the runoff election is
scheduled to occur, include a ballot conforming to the requirements of the regular
election ballot and include copies of any candidate information sheets previously
submitted by the candidates involved.
All envelopes and ballots, whether disregarded or not, must be retained by the
association for one year.
ASSISTANCE IN VOTING
Any individual who requires assistance to vote by reason of blindness, disability or
inability to read or write may request the assistance of a member of the board of
administration or other unit owner in casting the individuals vote. If the election is by
voting machine any such voter before retiring to the voting booth may have assistance
in identifying the specific vacancy or vacancies and the candidates for each. If a voter
requests assistance, the voter and the assistant may both enter
to the voting booth for the purpose of casting the vote according to the voter's choice.
ELECTRONIC VOTING
Associations may elect to conduct elections and other membership votes through an
internet-based online voting system according to the following terms:
Each member voting electronically must consent, electronically or in writing, to electronic
voting.
Condominium Election Brochure
Revised for year 2024-2025.
The Association must provide each member with a method to:
• Authenticate the member's identity to the online voting system.
• Transmit an electronic ballot for board elections to the electronic voting
system that ensures the secrecy and integrity of each ballot.
• Verify the authenticity of receipts sent from the electronic voting system.
• Confirm, at least 14 days before the voting deadline that the member's
electronic device can successfully communicate with the online voting
system.
In addition, the condominium association's online voting system must be able to:
Authenticate the member's identity.
• Authenticate the validity of each electronic vote to ensure that the vote is not altered in
transit.
• Transmit a receipt from the online voting system to each member who casts an
electronic vote.
• Permanently separate any authentication or identifying information from an electronic
ballot for board elections, rendering it impossible to tie a ballot to a specific member.
• Store and keep electronic ballots accessible to election officials for recount, inspection,
and review purposes.
• A member voting electronically is counted as being in attendance at the meeting for
purposes of determining a quorum, and for condominium associations, a quorum
established based on members voting electronically is only limited to the issue
specifically identified in the electronic vote.
• If the board authorizes online voting, the board must honor a unit owner’s request
to vote electronically at all subsequent elections, unless such unit owner opts out
of online voting.
ALTERNATE ELECTION PROCEDURES (ONLY applies to associations of 10 or fewer units)
An association may use voting and election procedures different from those described
in the brochure. This ONLY applies to associations of 10 or fewer units. In order to
adopt alternative election procedures, a majority of the total voting interests just first
vote in favor of amending the bylaws to provide for alternate voting and election
procedures. This vote may be by a proxy specifically delineating the different voting and
election procedures. The alternate voting and election procedures may allow elections
to be conducted by limited or general proxy.
BOARD MEMBER CERTIFICATION
A director of a board elected or appointed to the board, must certify in writing to the
secretary that he or she has read and understands the governing documents and will
faithfully discharge his or her fiduciary responsibility, and submit to the secretary a
certificate of having satisfactorily completed an educational curriculum administered by
the division or a division-approved condominium educational provider. The educational
curriculum must be at least 4 hours long and include instruction on milestone
inspections, structural integrity reserve studies, elections, recordkeeping, financial
Condominium Election Brochure
Revised for year 2024-2025.
literacy and transparency, levying of fines, and notice and meeting requirements.
Each newly elected or appointed director must submit to the secretary of the association
the written certification and educational certificate within 1 year before being elected or
appointed or 90 days after the date of election or appointment. If elected or appointed
before July 1, 2024, one must comply with the written certification and educational
certificate requirements above by June 30, 2025. The written certification and educational
certificate is valid for 7 years after the date of issuance and does not have to be
resubmitted if the director serves on the board without interruption during the 7-year
period.
One year after submission of the most recent written certification and educational
certificate, and annually thereafter, a director of an association of a residential
condominium must submit to the secretary of the association a certificate of having
satisfactorily completed at least 1 hour of continuing education administered by the
division, or a division-approved condominium education provider, relating to any recent
changes to chapter 718 of the Florida Statutes and the related administrative rules during
the past year.
Failure to do these things mentioned above means that the director is suspended from
service on the board until he or she complies.
The board may temporarily fill the vacancy during the period of suspension. The
secretary shall cause the association to retain a director’s written certification or
educational certificate for inspection by the members for 7 5 years after a director’s
election or the duration of the director’s uninterrupted tenure, whichever is longer.
Failure to have such written certification and educational certificate on file does not
affect the validity of any board action.
This brochure has been developed as an educational tool to aid associations in
understanding the election processes outlined in the Condominium Act. It is imperative
that associations refer to the language found in the Condominium Act, and the
Florida Administrative Code, as well as any requirements in the association's
documents prior to beginning the election process.
.
