HOA Fair Election Process

Good leadership is essential for every organization, including homeowners associations (HOAs). An HOA board, usually elected by their neighbors, is in charge of enforcing the community’s rules and bylaws, among other duties. As a board member, you understand the importance of board elections for your community association. Good leadership is essential for every organization, including homeowners associations (HOAs).

Board members in office should take the electoral process and voting process seriously, and they should make sure that all rules are appropriately followed and that appointments are made fairly. The way a community operates and the standard of living for its residents can be greatly impacted by the efficacy of its board of directors.

Election Process Overview
Nomination of Candidates
Voter Registration
Candidate Forum or Debate (optional but recommended)
Notice of Election (14 days before the election)
Casting of Votes
Vote Counting
Announcement of Results

Nomination of Candidates
The board or election committee issues a call for candidates, usually a few weeks before the election.
Interested candidates must submit their names by the deadline, typically a few weeks before the election.

Eligibility to Run for the Board
Generally, any homeowner can be a candidate for board membership as long as the homeowner is in good standing. Restrictions may apply to: Felons whose civil rights have not been restored for at least 5 years. Individuals delinquent in payment of any monetary obligation to the association.

Voter Eligibility and Registration
Homeowners are typically automatically members of their HOA especially in a PUD.
Members must often be current on dues and assessments to be eligible to vote.
Note: Refer to your bylaws as to membership guidelines. New laws have been implemented as of July 2024, which reference the process in which a board can suspend a homeowner’s membership.

Notice of Election
Section 720.306(5) of the Florida Homeowners’ Association Act states that the notice of membership meetings, which would include the annual meeting, must be mailed, delivered, or electronically transmitted to the members no less than 14 days prior to the date of the meeting. Electronic transmission (e-mail) may only be used for official notices if the member has consented in writing to receive legal notices in that fashion. If conducting an election, ballots and list of all candidates in alphabetical order by surname must be mailed to all homeowners.

Voting Methods
In-person voting at the annual meeting
Mail-in ballots
By Proxy

Quorum and Voting Requirements
A quorum is typically a simple majority (50% plus one) of voting interests, unless bylaws specify a lower percentage. For a valid election in HOAs, at least 20% of eligible voters must cast a ballot.

Vote Counting Procedure (Fla. Admin. Code R. 61B-23.0021(10))
Ballots are collected and handled by an impartial committee.
Outer envelopes are checked against the list of qualified voters.
Voters are checked off the list as having voted.
Inner envelopes are removed and counted in the presence of any unit owners in attendance.
Any inner envelope containing more than one ballot is marked “Disregarded” and not counted.

NOTE:
Board members must always maintain neutrality;, it is their fiduciary duty. Residents decide who gets their vote, and entrusted board members should never advocate or attempt to persuade voters, even if they believe one candidate is more fit for the position. That means no campaigning for one candidate or making derogatory or unsubstantiated remarks about another.

2024 New Statue: Criminal prohibitions against fraudulent voting activity, provided it is a first degree misdemeanor for:

Knowingly aiding, abetting, or advising a person in the commission of a fraudulent voting activity related to association elections.

Agreeing, conspiring, combining, or confederating with at least one other person to commit a fraudulent voting activity related to association elections.

Having knowledge of a fraudulent voting activity related to association elections and giving any aid to the offender with intent that the offender avoid or escape detection, arrest, trial, or punishment.

Any officer or director charged with a criminal violation under ch. 720, F.S., must be removed from office and a vacancy declared.