Quick Answers
- Board meeting notice: 48 hours posted conspicuously in the community for a routine meeting, and 14 days written notice to members when assessments or use-regulating rules are on the agenda.
- Condo elections run on a fixed calendar: first notice at least 60 days out, candidate notices of intent at least 40 days out, and the second notice with ballot between 14 and 34 days before the election.
- HOA member meetings need 14 days written notice with an agenda, and the default quorum is 30 percent of total voting interests unless the bylaws set a lower number.
- Proxies split by chapter. Condominium board elections do not use proxies and require secret ballots. HOAs may use proxies unless the bylaws prohibit them.
- Director education changed in 2024. HOA directors must now complete a state-approved four hour curriculum within 90 days of election or appointment, plus annual continuing education.
- A condo election is not always required. If no more candidates file than there are vacancies, no election is held, but the notices still must go out.
Get Your Election Reviewed Before It Happens
We advise boards across Palm Beach, Broward, and Miami-Dade on election and meeting procedure.
Florida association elections are overturned on procedure, not on outcome. A notice that went out a day late, a proxy used where the statute does not allow one, a candidate certification that never arrived. The rules differ meaningfully depending on whether your community is governed by Chapter 718 or Chapter 720, and applying condominium procedure to a homeowners association, or the reverse, is the most common way a valid result becomes a contested one.
First, Confirm Which Chapter Governs You
Condominiums operate under Chapter 718 and its administrative rule, Rule 61B-23.0021 of the Florida Administrative Code. Homeowners associations operate under Chapter 720. Cooperatives fall under Chapter 719.
This is determined by how the community was legally created, not by what the buildings look like. Townhome communities can be condominiums. The declaration is what decides, and every procedural question below flows from that answer.
Board Meeting Notice Requirements
| Meeting type | Notice required |
|---|---|
| Routine HOA board meeting | Posted conspicuously in the community at least 48 hours in advance |
| HOA board meeting considering assessments | At least 14 days written notice to members, stating the nature of the assessment |
| Alternative to HOA posting | Mail or deliver to each member at least 7 days before the meeting |
| HOA member meeting | At least 14 days written notice with an agenda |
| Condominium board and membership meetings | Generally 14 days written notice, posted and delivered |
Notices must identify the specific agenda items. A general notice does not satisfy the statute, and action taken on an item that was not noticed is vulnerable to challenge.
The Condominium Election Calendar
Section 718.112(2)(d) sets four deadlines, all counted backward from the election date. They control even where the bylaws say something different.
| Days before election | What must happen |
|---|---|
| At least 60 | Association mails, delivers, or electronically transmits the first notice of the election date to every unit owner entitled to vote |
| At least 40 | Any owner or eligible person wanting to run must give written notice of intent to be a candidate |
| About 35 | Deadline for candidates to submit an information sheet for mailing with the ballots |
| 14 to 34 | Association sends the second notice with the agenda, the ballot listing all candidates, and candidate information sheets |
| Day of | The regular election occurs on the date of the annual meeting |
There are no write-in candidates. A candidate who misses the 40 day deadline does not appear on the ballot, and the association has no discretion to add them.
HOA Member Meetings, Quorum, and Voting
Section 720.306 governs member meetings, quorum, elections, and amendments, and it is the provision small self-managed boards most often overlook.
- Annual meeting required. Notice must be mailed, delivered, or electronically transmitted with member consent to every owner at least 14 days before, with an agenda included.
- Quorum defaults to 30 percent of the total voting interests, unless the bylaws provide a lower number.
- Decisions need a majority of those present. Unless the chapter, articles, or bylaws say otherwise, votes are decided by a majority of the voting interests present in person or by proxy at a meeting where quorum was attained.
- Amendments generally take two thirds. Unless the governing documents or law require something different, a governing document may be amended by the affirmative vote of two thirds of the voting interests.
- Accessibility. Member meetings must be held at a location accessible to a physically handicapped person if requested by someone entitled to attend.
Ballots and Proxies: Where the Chapters Diverge
This is the single most common source of invalidated results, because boards borrow the procedure they are familiar with.
| Issue | Condominium | HOA |
|---|---|---|
| Proxies in board elections | Not used | Permitted unless the bylaws prohibit |
| Secret ballot | Required, using the inner and outer envelope method | Required for contested elections |
| Proxies for other votes | Limited proxies may be used for non-election matters | General or limited proxies per the bylaws |
| Nominations from the floor | Not permitted, and no write-ins | Depends on the bylaws |
| Quorum default | Set by the governing documents | 30 percent of voting interests unless bylaws set lower |
The two envelope method exists to keep the ballot anonymous while still allowing eligibility to be verified. The outer envelope carries the voter's identifying information and signature. The inner envelope holds only the ballot. Opening them in the wrong order, or opening inner envelopes before eligibility is confirmed, compromises the secrecy the statute requires.
Director Education: What Changed in 2024
HB 1203 took effect July 1, 2024 and rewrote the certification rules for homeowners association directors. This is the requirement most boards are still getting wrong.
- Written certification is no longer enough for HOA directors. The option to simply certify in writing that you read the declaration, articles, bylaws, and rules was removed.
- A four hour course is now required. Newly elected or appointed HOA directors must submit certification showing completion of the educational curriculum administered by a division-approved provider within 90 days after election or appointment.
- Continuing education is annual. At least 4 hours per year for associations with fewer than 2,500 parcels, and at least 8 hours per year for associations with 2,500 parcels or more.
- Condominium directors remain on the older framework. Under Section 718.112(2)(d), a newly elected or appointed director of a residential condominium must, within 90 days after being elected or appointed, certify in writing to the secretary that they have read the governing documents and will uphold them and discharge their fiduciary duty, or complete an approved educational curriculum.
Candidate Eligibility
Screening candidates before the ballot is printed is far easier than contesting a result afterward. Common disqualifiers include delinquency in paying monetary obligations to the association, certain felony convictions where civil rights have not been restored, and suspension of voting rights.
Confirm ownership against the membership roll, confirm the account is current as of the applicable date, and retain the certification records in the official records where they can be inspected.
Minutes and Record Retention
Minutes are the association's legal record of what happened and are frequently the only contemporaneous evidence when a decision is challenged.
- Record the essentials. Date, time, and location, attendance, confirmation that quorum was attained and how, motions made, and vote counts on each motion.
- Leave out commentary. Minutes document actions, not discussion summaries or characterizations of what individuals said.
- Retain them. Official records must be kept for at least seven years, or longer where the governing documents require it.
- Keep the election materials. Ballots, envelopes, proxies, and sign-in sheets should be preserved and treated as official records subject to inspection.
What Actually Invalidates an Election
Most challenges trace to one of a short list of failures.
- A missed statutory deadline. Particularly the condominium 60 day and 40 day marks, which cannot be waived by the bylaws.
- Quorum not attained or not documented. An undocumented quorum is functionally the same as no quorum when it is challenged.
- Proxies used where they are not permitted, most often in a condominium board election.
- An ineligible candidate on the ballot.
- Ballot secrecy compromised by mishandling the envelope procedure.
- Action taken on an unnoticed agenda item.
A Florida condominium election is not required at all unless more candidates file notices of intent to run, or are nominated, than there are board vacancies. Where the number of candidates equals or falls short of the open seats, no vote is taken and the candidates are seated. Many associations still run a full ballot mailing, tabulation, and meeting for an uncontested slate, spending money and creating procedural risk over an outcome that was already determined.
The trap is the inverse assumption. Because no election may ultimately be held, boards sometimes skip or delay the 60 day first notice, reasoning that they already know nobody else will run. That is backwards. The first notice is what opens the candidacy window, and without it an owner who wanted to run never had the chance. An association that skips the notice and then seats its incumbents unopposed has handed any dissatisfied owner a clean procedural challenge to the entire board.
Elections are cheaper to review than to redo.
Kelley, Grant & Tanis advises Florida community associations on elections, governance, covenant enforcement, and collections, with Cory Carano leading the firm's association law practice. Call (561) 672-1161 or contact the firm. Related reading: what your HOA can and cannot do, Chapter 720 explained, and Chapter 718 explained.
Frequently Asked Questions
What is the required notice period for Florida HOA or condo meetings?
Florida HOAs must post notice of a routine board meeting conspicuously in the community at least 48 hours in advance, and must give at least 14 days written notice when assessments or use-regulating rules will be considered. HOA member meetings require at least 14 days written notice with an agenda. Condominiums generally require 14 days written notice for board and membership meetings.
What is the timeline for a Florida condo board election?
The first notice of the election date goes out at least 60 days before the election. Candidates must submit written notice of intent at least 40 days before. The second notice, with the ballot and candidate information sheets, is sent between 14 and 34 days before. The election occurs on the date of the annual meeting.
Do condo board candidates need to be certified before elections?
Certification comes after the election, not before. Within 90 days after being elected or appointed, a residential condominium director must certify in writing to the secretary that they have read the declaration, articles, bylaws, and current written policies and will uphold them and discharge their fiduciary responsibility, or complete an approved educational curriculum.
Do Florida HOA directors have to take a course now?
Yes. Since July 1, 2024, newly elected or appointed HOA directors must complete a state-approved four hour educational curriculum within 90 days of election or appointment. The former option to simply certify in writing was removed. Annual continuing education is at least 4 hours for associations under 2,500 parcels and at least 8 hours for those with 2,500 or more.
Can proxies be used in association elections?
It depends on the chapter. Condominium board elections do not use proxies and require secret ballots. Limited proxies may be used in condominiums for other matters. HOAs may use general or limited proxies in elections unless the bylaws prohibit them. Every proxy must be properly executed and submitted by the deadline.
How is quorum determined for association meetings?
For HOA member meetings, Section 720.306 sets a default quorum of 30 percent of the total voting interests unless the bylaws provide a lower number. Condominium quorum is set by the governing documents. Where proxies are permitted, they may count toward quorum. Without quorum, no binding vote can be taken.
Does a condo association always have to hold an election?
No. An election is not required unless more candidates file notices of intent to run, or are nominated, than there are board vacancies. The statutory notices still must be sent, because the first notice is what opens the candidacy window.
What should be included in association meeting minutes?
The date, time, and location, a list of attendees, confirmation that quorum was attained and how it was verified, each motion made, and the vote count and result. Personal commentary and discussion summaries should be left out. Minutes are official records and must be retained for at least seven years.
Is member input required at board meetings?
Members have the right to attend board meetings and to speak on designated agenda items. Associations may adopt reasonable rules governing speaking time and whether a sign-up sheet is required, but may not bar owners from speaking entirely. Narrow exceptions apply, such as meetings with association counsel regarding proposed or pending litigation.