How to Legally Conduct Association Elections and Board Meetings in Florida

Florida law requires community associations to conduct elections and meetings with strict procedural accuracy. Whether your board operates under Chapter 718 (condos) or Chapter 720 (HOAs), you’re expected to follow clear rules for notice, quorum, voting, and documentation. Mistakes—especially in notice or eligibility—can invalidate board decisions or trigger member disputes. This guide explains how Florida associations can keep their elections and meetings enforceable and legally sound.

Having access to experts versed in association law like Kelley, Grant, & Tanis, P.A. is an ideal first step.

Why Legal Compliance Matters in Board Elections and Meetings

Elections and board meetings are where major decisions are made—and any misstep in process can be grounds for legal challenge. Failing to follow statutory notice timelines, quorum rules, or ballot procedures may cause members to contest the results. In some cases, boards must hold a re-vote or risk the reversal of prior actions. Florida law is particularly strict in condominium governance, but HOAs also face scrutiny if meetings are poorly documented or improperly noticed.

Compliance also builds trust and legitimacy in the board’s authority. Legal review ensures that bylaws and procedures are interpreted correctly, reducing the risk of invalid outcomes. We support associations in preparing for elections, verifying eligibility, and documenting meeting results. Whether you’re managing a routine annual vote or a contested election, the structure of the process matters. Even minor oversights can undermine otherwise lawful decisions.

Required Notice Periods for Meetings and Votes

Both Chapter 718 and 720 require advance written notice to members before association meetings and elections. Condo associations must provide at least 14 days’ notice for most meetings, including posted notices and mailed copies. HOA notice periods vary based on the type of meeting, but often fall between 7 to 14 days. Failure to meet these deadlines can void the meeting’s outcome, even if attendance is high. Notices must clearly state the time, place, and purpose of the meeting.

Boards must also follow additional rules when mailing ballots or nominating candidates. Each election notice should include supporting documentation such as candidate forms or proxies if allowed. We help boards draft notices that comply with Florida statutes and match your association’s bylaws. Posting in common areas alone may not be sufficient. Proper notice lays the foundation for enforceable board action.

Key components of legal notice:

• Date, time, and location of meeting

• Clear explanation of agenda or vote topic

• Proof of delivery via mail, email, or posting

• Statute-specific lead times (7–14 days)

Setting and Verifying Quorum Under Florida Law

No official business can be conducted without meeting quorum, which refers to the minimum number of eligible members present or represented. Each association’s governing documents define quorum, but Florida law provides default standards when documents are silent. For condos, quorum is typically 50% of unit owners unless stated otherwise. In HOAs, quorum may be based on attendance or proxies, depending on what the bylaws allow.

Boards must document how quorum is reached, whether through sign-in sheets, proxy tallies, or digital attendance logs. We recommend using a consistent method and retaining records for future audits or legal challenges. When quorum is not met, any votes or actions taken may be invalid. Legal review of your quorum procedures ensures compliance with both your governing documents and state statutes.

Quorum verification tips:

• Check governing documents for quorum definitions

• Maintain proxy forms and sign-in logs

• Include digital participants in virtual meetings when allowed

Board Member Eligibility and Candidate Certification Rules

Florida law outlines who can serve on association boards and how candidacy must be certified. For condominium associations, candidates must be members of the association and must submit a written certification or complete a state-approved education course within 90 days of election. HOAs have fewer statutory certification requirements, but boards still need to vet candidates for eligibility and confirm ownership status. Felony convictions or unpaid fees may disqualify some candidates.

Properly verifying candidate qualifications protects the association from future governance challenges. Our attorneys assist with reviewing declarations, membership rolls, and candidate forms to confirm eligibility before names appear on a ballot. Elections that include ineligible candidates may be contested and subject to reversal. Boards should establish clear deadlines and publish instructions well ahead of nomination deadlines.

Candidate qualification steps:

• Confirm ownership and good standing

• Collect and verify certification forms

• Set and publish nomination deadlines

• Review documents for disqualifying conditions

• Maintain certification records for inspection

Ballot Procedures and Proxy Use in Elections

Election integrity depends on well-structured ballots and the correct use of proxies. Condos are required to use two-envelope secret ballots, where anonymity is preserved until eligibility is verified. HOAs have more flexibility but must still track and count votes transparently. Proxies may be allowed for quorum or voting, but only if authorized in the governing documents. Improper use of proxies is a common source of legal disputes.

Ballots must be clearly written, include candidate names, and follow the instructions outlined in the association’s rules. Voting errors—like duplicate ballots or missing envelopes—can invalidate results. We help associations audit their ballot process and prepare proxy language that complies with Florida law. Strong ballot procedures help deter accusations of election fraud or manipulation.

To run clean elections:

• Use secret ballots where required

• Track all proxy and in-person votes

• Follow the exact process outlined in governing documents

Recording Votes and Meeting Minutes Accurately

Every vote—whether during an election or at a board meeting—must be recorded accurately in the minutes. Meeting minutes are the association’s legal record and can be used in disputes, audits, or DBPR complaints. Minutes must reflect attendance, motions made, vote results, and any formal decisions. They should not include personal commentary or informal discussion summaries.

Boards should assign someone to take minutes during all official meetings and verify them afterward before approval. We assist associations in reviewing minute templates and training board secretaries on documentation best practices. Mistakes in recording votes can create confusion and make decisions unenforceable. Clear, factual minutes are one of the best tools for preventing legal problems later.

Essential elements of board minutes:

• Time, date, and location

• List of attendees and quorum confirmation

• Vote counts on motions or resolutions

• Documentation of passed or failed actions

Common Mistakes That Can Invalidate Elections or Meetings

Several recurring errors put Florida associations at risk of having their votes or board actions overturned. These include failing to provide proper notice, not meeting quorum, using ineligible candidates, miscounting ballots, or excluding members improperly. Technical errors—like missing certification forms or using outdated ballots—can also trigger complaints. Even good-faith mistakes can result in state-level complaints or legal action from owners.

Boards should regularly review procedures and cross-check against both Chapter 718 or 720 and their own governing documents. We assist with mock audits, pre-election reviews, and document templates to reduce error rates. Mistakes are much easier to prevent than correct once a vote is disputed. Taking time to follow the law closely avoids unnecessary conflict.

Watch for these risks:

• Late or incomplete notices

• Lack of documented quorum

• Failure to verify eligibility

• Procedural shortcuts during voting

How Legal Counsel Helps Keep Your Meetings and Elections Enforceable

Legal oversight helps boards run meetings and elections that hold up under scrutiny. Attorneys can review your notice language, ballot design, quorum records, and eligibility checks before problems occur. We also help interpret unclear bylaws and prepare election rules that match Florida’s current statutes. This reduces the risk of procedural missteps that can make decisions unenforceable.

Boards that consult with legal counsel before and during the election cycle are better prepared for challenges. Whether you’re responding to a member complaint, preparing for turnover, or updating outdated procedures, we offer targeted support. Our goal is to help you conduct board business confidently, without inviting unnecessary disputes. The right legal partner reduces the risk of invalid decisions.

Legal guidance ensures:

• Valid election and board meeting outcomes

• Early detection of noncompliance

• Confidence in leadership transitions

Association Elections and Board Meetings in Florida: Frequently Asked Questions

What is the required notice period for Florida HOA or condo meetings?

Florida HOAs typically must provide at least 48 hours’ posted notice for regular board meetings, but 14 days is required for meetings involving assessments or rule changes. Condominiums must provide 14 days’ written notice for most board or membership meetings. Notices must be posted in a conspicuous place and often mailed or emailed to owners as well.

Do condo board candidates need to be certified before elections?

Yes. Candidates for condominium boards must either sign a written certification or complete an approved education course within 90 days of being elected. The certification affirms that the candidate has read the governing documents and understands fiduciary duties. Associations should retain proof of certification in their records.

Can proxies be used in association elections?

Proxies are permitted under Florida law if the governing documents allow them. In condo associations, limited proxies may be used for votes that don’t involve elections, while elections require secret ballots. HOAs can use general or limited proxies based on their bylaws. All proxies must be properly executed and submitted by the deadline.

How is quorum determined for association meetings?

Quorum requirements are defined in the governing documents, but Florida statutes provide defaults. Condos typically require 50% of voting interests unless amended, while HOAs may allow for lower thresholds. Proxies may count toward quorum if permitted. Without quorum, no binding votes can take place.

What happens if an election is held without meeting quorum?

If quorum is not reached, the election or meeting results are invalid and any decisions made may be void. The board must reschedule the meeting and attempt to notify all members again. Consistently failing to meet quorum could expose the association to disputes or DBPR complaints. Legal assistance may help identify solutions.

Are secret ballots mandatory for all association elections?

Secret ballots are required for condominium elections under Chapter 718. HOAs have more flexibility but often adopt similar procedures to protect voter privacy. Secret ballot procedures usually involve two-envelope systems to verify eligibility while maintaining anonymity. Failing to follow proper ballot processes can lead to disputes.

What should be included in association meeting minutes?

Minutes must record the date, time, and location of the meeting, a list of attendees, verification of quorum, and a summary of actions taken. Votes should be documented clearly, including motions and results. Personal commentary or off-topic discussion should be excluded. Accurate minutes serve as the official record and can be legally reviewed.

Can meetings be held virtually?

Yes, both HOA and condo associations may hold board and membership meetings via platforms like Zoom, provided the bylaws allow it or state law permits. Associations must still meet notice and quorum requirements and provide all members reasonable access. Virtual attendance should be documented as part of the quorum count.

Is member input required at board meetings?

Members must be allowed to attend most board meetings and are entitled to speak on agenda items, with reasonable time limits. Florida law gives owners the right to observe deliberations, except during closed legal or personnel sessions. Associations can adopt rules for orderly participation but may not prevent owners from speaking entirely.

What role does legal counsel play during elections?

Attorneys can review ballots, notices, proxy language, and meeting procedures to confirm compliance. They may also guide boards through contested elections, ensure ineligible candidates are excluded, and help interpret governing documents. Legal oversight helps prevent mistakes that could lead to regulatory or civil action.