Florida's New Election Laws (2024): What HOA and Condo Boards Must Know About HB 1021 and HB 1203

Florida Now Has Criminal Penalties for Community Association Election Fraud

On May 31, 2024, Governor DeSantis signed two bills that fundamentally changed Florida's community association election landscape. HB 1021 overhauled condominium association law under Chapter 718. HB 1203 did the same for homeowners associations under Chapter 720. Both took effect on July 1, 2024.

Together, they made election fraud in community associations a criminal offense. They made destroying association records to cover up wrongdoing a third-degree felony punishable by up to five years in prison. And they expanded the path to electronic voting.

For the 4.7 million Floridians living in HOA and condominium communities, this is a fundamental shift. For board members and property managers running elections, ignorance of these changes is no longer just a compliance risk. It's a criminal one.

This article is for informational purposes only and does not constitute legal advice. HOA election requirements vary by governing documents and local regulations. Consult a qualified attorney for advice specific to your community.

Two Bills, Two Chapters: The Critical Distinction

Florida governs HOAs and condominiums under completely separate statutes with meaningfully different election rules. This is the single most common source of compliance errors, and understanding which bill applies to your community is essential.

If you manage both HOAs and condos, you need to understand both bills.

Criminal Penalties for Election Fraud

Both bills added criminal penalties for election-related offenses. The penalty structures are parallel but live in different statutes.

HOA Election Fraud Penalties (HB 1203, s. 720.3065)

HB 1203 expanded s. 720.3065 to make the following acts a first-degree misdemeanor (up to 1 year in jail, $1,000 fine):

• False oaths in connection with an election
• Voting fraud or attempting to perpetrate fraud in connection with a vote cast
• Ballot tampering by fraudulently changing or attempting to change a ballot, ballot envelope, vote, or voting certificate
• Intimidation or bribery to influence, deceive, or deter a voting member
• Vote buying (excluding nominal campaign items or election rally food/drink)
• Coercion through force, violence, or intimidation to compel voting behavior

Additionally, these secondary offenses are also first-degree misdemeanors:

• Knowingly aiding or abetting any of the above
• Conspiring with others to commit election fraud
• Helping offenders escape detection or punishment (exception for licensed attorneys providing legal advice)

Ballot envelope forgery is addressed by reference to s. 831.01 (Florida's general forgery statute), which is a third-degree felony (up to 5 years in prison, $5,000 fine). Board members charged with forgery of a ballot envelope or voting certificate must be removed from office.

Condominium Election Fraud Penalties (HB 1021, s. 718.111)

HB 1021 added parallel criminal penalties for condominiums:

• Voting fraud, preventing members from voting, or bribery of voters: first-degree misdemeanor (up to 1 year, $1,000 fine)
• Kickbacks by officers, directors, or managers: third-degree felony (up to 5 years, $5,000 fine)

Records Violations (Both Bills)

Both HB 1021 and HB 1203 added nearly identical criminal penalties for records violations:

That last row is the one that should get every board member's attention. If an association destroys records to hide financial misconduct, and election records are association records, the person responsible faces a felony charge.

Electronic Voting Expansion

For Condominiums (HB 1021, s. 718.128)

HB 1021 made it significantly easier for condos to adopt electronic voting:

Before HB 1021:

• Member consent to electronic voting required a physical written signature
• Process was cumbersome, which discouraged adoption

After HB 1021:

• Member consent can now be given electronically (email or through the voting platform)
• Once a condo unit owner opts in, they must be allowed to vote electronically in all subsequent elections unless they later opt out
• Board must still adopt a resolution authorizing electronic voting
• System must authenticate member identity, ensure ballot secrecy, and provide receipt verification
• Members who don't consent must still receive paper ballots

Note: HB 913 (effective July 1, 2025) further streamlined the condo electronic voting process by eliminating the 14-day mailed notice requirement for the board meeting to adopt an electronic voting resolution. A 48-hour posted notice is now sufficient for condos. HB 913 also created a new email ballot fallback: condos that have NOT adopted formal electronic voting must now accept ballots submitted by email, though voters must waive ballot secrecy.

For HOAs (s. 720.317)

HOA electronic voting is authorized under s. 720.317 and requires:

• Board resolution authorizing electronic voting
• 14 days' mailed and posted notice of the board meeting (this requirement was NOT changed by the 2024 legislation and is still in effect)
• System must authenticate member identity, ensure ballot secrecy, and provide receipt verification
• Members who don't consent must still receive paper ballots

Platform Requirements (Both Types)

Records Access Strengthening

Both bills strengthened homeowner rights to inspect association records:

• Records must be provided within 10 business days of a written request
• Members can use portable devices (phones, tablets, scanners) to photograph or scan records at no charge
• Failure to provide access within 10 business days after a certified mail request creates a rebuttable presumption of willful non-compliance
• HOAs must provide records to law enforcement within 5 business days of a subpoena (HB 1203)

The HOA vs. Condo Split: Election Rules Comparison

The Proxy Trap

The most dangerous mistake in Florida community association governance: using proxies for condominium board elections.

Under §718.112(2)(b), proxies are explicitly prohibited for condo board elections, including elections to fill vacancies caused by recall, resignation, or other circumstances. Proxies are permitted for other condo votes (amendments, assessments, non-election matters) and for all HOA votes.

A condo board that accepts proxy votes in a director election has conducted an invalid election. Period. Any member can challenge it, and the board will lose.

The Two-Notice System for Condo Elections

Florida condominium elections require a specific two-step notice process under §718.112(2)(d):

First Notice (60 days before election):

• Mailed to all unit owners
• Announces the election and upcoming board vacancies
• Notifies owners that candidates may self-nominate
• States the deadline for filing candidacy (40 days before election)

Second Notice (14-34 days before election):

• Includes the actual ballot listing all eligible candidates alphabetically
• Includes inner envelope (unmarked) and outer envelope (with voting certificate)
• Includes voting instructions and deadline

If a candidate files their Notice of Intent late, even by one day past the 40-day deadline, their candidacy is automatically rejected. No exceptions.

Important: If the number of candidates who file equals or is fewer than the number of vacancies, no election is held. Those candidates are deemed elected by acclamation (§718.112(2)(d)).

DBPR: Florida's Government Watchdog

Florida provides active government oversight through the Department of Business and Professional Regulation (DBPR), primarily for condominiums.

What DBPR Can Do

• Investigate complaints within 30 days of a written complaint
• Subpoena records and compel document production
• Compel testimony under oath from board members
• Audit bank accounts and examine association finances
• Levy fines up to $5,000 per violation (§718.501)
• Petition courts for enforcement orders

Election Monitors

Under §718.5012(9), condo unit owners can petition for a DBPR election monitor. The threshold: 15% of total voting interests or six unit owners, whichever is greater. The monitor attends the annual meeting and conducts the election to ensure compliance. The association pays the cost.

The 60-Day Clock: Challenging Election Results

If you believe an election violated Florida law, you have exactly 60 days from the announcement of results to challenge it (§720.306 for HOAs; §718.112 for condos). Miss this window and you lose the right to contest.

How to Challenge

• 1File a pre-suit notice to the association within the 60-day period

• 2Choose your forum:
• DBPR arbitration (condos only) with nonbinding result, $200 filing fee
• Circuit Court with binding result, full litigation process

• 3The court or arbitrator can void election results, order a new election, or award damages

Compare Florida's 60-day deadline to California's 1-year statute of limitations. In Florida, you have two months total.

Record Retention: The 1-Year and 7-Year Rules

The 2024 bills didn't change retention periods, but the new criminal penalties make compliance more urgent:

Given that destroying records to hide misconduct is now a felony under both HB 1021 and HB 1203, the safest practice is to retain everything for the full 7-year period.

What Your Board Should Do Now

Immediate Actions

• 1Determine which statute governs your community (Chapter 718 for condos, Chapter 720 for HOAs) and follow that chapter's election procedures

• 2Verify your proxy policy (condos: proxies are prohibited for board elections; HOAs: proxies are allowed)

• 3Review your records retention policy and ensure nothing is being prematurely deleted

• 4Inform board members about criminal liability under HB 1021 (condos) and HB 1203 (HOAs)

Before Your Next Election

• 5Consider electronic voting adoption (condos: HB 1021 made electronic consent easier; HOAs: s. 720.317 authorizes it with board resolution)

• 6Document everything since the rebuttable presumption of willful non-compliance for records access failures means you need proof of every response

• 7Set your 60-day post-election calendar and note when the challenge window closes

• 8For condominiums: Ensure your 60-day first notice and 40-day candidate filing deadline are calendared well in advance

FAQ

Q: Which bill applies to my community?

It depends on your community type. HB 1203 applies to homeowners associations (Chapter 720). HB 1021 applies to condominium and cooperative associations (Chapter 718). Both were signed on May 31, 2024 and took effect July 1, 2024. If you manage both types, you need to follow both sets of rules.

Q: Can a board member go to jail for an election violation?

Yes, for specific offenses. Election fraud (ballot tampering, vote buying, intimidation, coercion) is a first-degree misdemeanor under both bills, carrying up to 1 year in jail. Destroying records to cover up a crime is a third-degree felony carrying up to 5 years. Forging a ballot envelope or voting certificate in an HOA election is addressed under s. 831.01 (forgery), also a third-degree felony.

Q: Do we need to hire a lawyer to switch to electronic voting?

Not necessarily, but legal review is advisable. The board must adopt a resolution, and the chosen platform must meet statutory requirements for authentication, secrecy, and verification. For condos, HB 913 (effective July 2025) reduced the notice requirement to 48 hours posted. For HOAs, 14 days' mailed and posted notice is still required.

Q: What's the difference between a DBPR election monitor and California's inspector of elections?

California requires an inspector at every election, no exceptions. Florida's DBPR monitors are available only for condominiums, only on petition by 15% of voters or 6 owners, and at the association's expense. HOAs have no equivalent oversight mechanism.

Q: Can we use the same election procedures for our HOA and condo buildings?

Only if both sets of procedures comply with both Chapter 718 and Chapter 720. The safest approach is to maintain separate election procedures for each property type. The differences in proxy rules, notice timelines, quorum requirements, and candidate filing deadlines are significant enough that a one-size-fits-all approach will almost certainly violate one statute or the other.

The Bottom Line

Florida's 2024 legislation transformed community association election law from a civil compliance issue into a criminal one. HB 1021 (condominiums) and HB 1203 (HOAs) together mean that board members who commit election fraud, destroy records, or repeatedly block homeowner access to documents now face real criminal exposure, up to felony charges.

Both bills also made electronic voting easier to adopt. Electronic platforms that authenticate voters, ensure ballot secrecy, and maintain immutable audit trails don't just meet the new requirements. They provide the evidence that protects boards from both civil challenges and criminal accusations.

The days of counting paper ballots in a clubhouse and hoping nobody asks questions are over. Florida made sure of that.

Sources:

• 1Florida House Bill 1021 (2024): Condominium reforms, criminal penalties, electronic consent

• 2Florida House Bill 1203 (2024): HOA reforms, election fraud penalties, records violations

• 3Florida House Bill 913 (2025): Condo electronic voting streamlining

• 4Florida Statutes §720.3065: HOA fraudulent voting activities and penalties

• 5Florida Statutes §718.112(2)(d): Condominium election procedures

• 6Florida Statutes §718.112(2)(b): Condominium proxy prohibition for board elections

• 7Florida Statutes §718.128: Condominium electronic voting

• 8Florida Statutes §720.317: HOA electronic voting

• 9Florida Statutes §718.501: DBPR enforcement powers and fines

• 10Florida Statutes §718.5012(9): DBPR election monitors

• 11Florida Statutes §720.306: HOA election procedures, quorum, proxy, challenges

• 12Florida Statutes §720.303: HOA records retention, access, and criminal penalties

• 13Bilzin Sumberg: HB 1021 Impact on Florida Condominiums

• 14Siegfried Rivera: HB 1203 Signed Into Law

• 15CCFJ: HB 1021 Impact Roundup

• 16Florida Administrative Code Rule 61B-23: Condominium election regulations