Running for a Florida condo board is rewarding—but one missed deadline can void the entire vote. Book a pre‑election strategy call with Ferrer Law Group to lock down compliance from the start and protect your rights under Florida condo law.
Florida’s Condominium Election Laws
Florida’s Condominium Act, Fla. Stat. § 718.112(2)(d), and Rule 61B‑23.0021, F.A.C., govern every board election statewide. Proxies are barred, ballots must remain secret, and the Department of Business & Professional Regulation (DBPR) can appoint monitors or order re‑votes for any breach. Strict adherence is essential. Here are the key compliance pillars in Florida:
- Eligibility – No delinquent assessments, unresolved felony convictions, or election‑related suspensions.
- First Notice – Association sends a meeting notice at least 60 days before the election.
- Candidate Certification – Directors must certify reading the governing documents or complete an approved course within 90 days of election.
- Record Retention – Ballots and envelopes stay on file for one year; minutes for seven.
Understanding these rules now—rather than during a dispute—saves time, money, and reputations. Our seasoned Florida condo attorneys resolve violations before they trigger DBPR action.
The Step‑by‑Step Election Process
Step 1: Mark the Statutory Calendar
60 Days Out – First Notice
The association mails, hand‑delivers, or e‑mails its First Notice of Election. Owners should verify delivery; a missing notice can extend candidacy windows.
40 Days Out – Notice of Intent
Submit your signed “Notice of Intent to Be a Candidate” to the secretary no later than midnight on the 40th day before the election. Late submissions are automatically rejected.
Step 2: Draft the Two‑Page Information Sheet
Within five days of the Notice, provide a résumé (maximum two pages, 8½×11 inches) for mailing with ballots. Keep it factual—false claims open the door to defamation suits. FL condo lawyers review candidate sheets to ensure accuracy and persuasive tone.
Step 3: Respect the Campaign Fair‑Play Rules
Violations can prompt DBPR to overturn results, especially when challenged by a Palm Beach County HOA lawyer acting for owners. Ensure to do the following:
- Equal Access – All candidates must receive identical use of common areas for campaign events.
- Self‑Funded Materials – Association money, staff time, or newsletters may not endorse any candidate.
- No Proxy Collecting – Because proxies are prohibited in condo board elections, solicit only lawful ballots.
Step 4: Prepare for Ballot Delivery
14–34 Days Out – Second Notice & Ballot Packet
The association mails the Second Notice of Election with:
- The ballot listing eligible candidates alphabetically.
- An inner secret envelope without identifiers.
- An outer envelope with the voting certificate line.
Electronic voting is permitted if the board adopted a resolution and the owner opted in. Platforms must provide an audit trail that preserves anonymity, or the election can be challenged.
Step 5: Cast Ballots Correctly
Owners place the completed ballot in the inner envelope, then seal it inside the signed outer envelope. Unsigned outers are disqualified. Owners who hold title in a company’s name must attach a written voting certificate as required by Florida contract law for corporate representation.
Step 6: Hold the Annual Meeting & Tally Votes
At the meeting, election inspectors verify signatures on outer envelopes against the roster, announce valid counts, and open ballots in a public session. Results must be recorded in the minutes that same day. Failure to announce promptly is a common ground for challenges under Florida HOA laws.
Step 7: Certify and Train New Directors
Within 90 days, each director files either:
- DBPR‑Approved Course Certificate, or
- Written Certification affirming they have read the declaration, bylaws, and policies, and will enforce them in good faith.
Step 8: Retain Election Records
Store ballots, envelopes, and vote tallies for at least one year. Meeting minutes and candidate sheets remain official records for seven. Failing retention rules can invalidate future decisions if an attorney uses missing records to attack board legitimacy.
Enforcement and Dispute Remedies
Any owner may file an election challenge with DBPR within 120 days. The agency can order a rerun or fine the association. If misconduct overlaps with financial harm—such as misused reserves—an owner may sue under Florida statutes for injunctive relief and damages. Courts frequently defer to statutory timelines, so timely filings are crucial.
Win Your Seat—Keep It Legit
Serving your community starts with a flawless election. Follow the eight steps, keep meticulous records, and seek guidance when the statute leaves gray areas. Ferrer Law Group blends Florida condo law with real‑world board experience, helping associations from Weston to Miami run compliant elections, resolve disputes, and draft airtight governance documents. Contact us today to safeguard your candidacy, your association, and your investment.
