Each state has its own laws dictating the process by which homeowners associations (HOA) elect board members. Florida is no exception.
Generally, every Florida HOA is governed by a board of directors, which is first appointed by the developer. After 90 percent of the lots have been sold, subsequent board members are elected by the homeowners themselves. These contests are run according to the HOA’s declaration of covenants, articles of incorporation, and applicable laws.
Laws that impact Florida association elections include:
- Florida Homeowners’ Association Act
This act, which applies to nonprofit organizations operating HOAs, governs the formation, management, powers and operations of homeowners associations in Florida.
- Florida Condominium Act
Similar to the Florida Homeowners’ Association Act, the Florida Condominium Act governs the formation, management, powers, and operation of condominium associations in the state.
- Florida Not for Profit Corporation Act
This act states HOAs must be organized as nonprofit corporations. On the other hand, condo associations can organize as either nonprofit or for-profit corporations.
According to the Florida Legislature, “boards of directors must be elected by a plurality of the votes cast by eligible voters.” However, if the number of members is fewer or equal to the number of board positions, a board isn’t required. Those who are “delinquent in the payment of any fee, fine, or other monetary obligation to the association” may not nominate themselves, be nominated by other members, or be elected to the board. The board then appoints officers to carry out their responsibilities and act within the community’s best interests.
Check out What Should a Homeowners Association Voting Ballot Contain?
If the developer still controls five percent of the lots in the development, they’re “entitled to elect at least one member of the board of directors of the homeowners’ association.” Once all the lots have been sold and the developer relinquishes control, they can vote in the same manner as any other member.
Members have the right to vote on a variety of matters from the election of board members to the adoption of covenants during annual meetings. Thirty percent of total voting interests are required to constitute a quorum. The law further states, “decisions that require a vote of the members must be made by the concurrence of at least a majority of the voting interests present, in person or by proxy, at a meeting at which a quorum has been attained.”
Before beginning your HOA election, it’s crucial you review all state laws, bylaws, and other regulations that apply to your organization. Ensure you understand how to implement each of these rules or engage a lawyer who does. A proper comprehension will guarantee a fair contest.
For more information about the general HOA election process, read our guide!
With more than a decade of experience managing various homeowners’ association elections, YesElections has the expertise to understand and apply all laws, bylaws, and regulations to help you run an effective and honest contest. We can implement any voting method of your choice: online, paper, on-site, telephone, hybrid, or composite. While managing your election, we’ll help you boost turnout and engagement and keep your data secure. If you’re interested in organizing your next election, contact us today!
