HOA Voting Rules in Florida

Florida explicitly authorizes electronic voting through two statutes: FS §718.128 for condominiums and FS §720.317 for homeowners' associations. The association must (1) adopt a board resolution authorizing electronic voting, (2) notice that board meeting properly, 14 days ahead for HOAs under FS §720.317(3) and 48 continuous hours posted for condos under FS §718.112(2)(c)1. since HB 913 struck the special rule, and (3) obtain member consent, which may now be given electronically. Those three steps are the association's to take; vote.direct does not perform them. What the platform provides is the voting system itself: authenticated voters, tamper-evident ballots, a receipt for every voter, and exportable records for recount and inspection.

No. FS §718.112(2)(b) explicitly prohibits proxy voting in condominium board elections. Members must vote directly: either in person, by mail, or electronically if authorized. This makes electronic voting particularly valuable for Florida condominiums, as it allows direct participation without requiring in-person attendance.

They are two different bills for two different chapters, and mixing them up is the most common Florida compliance error. HB 1203 reformed HOAs under Chapter 720: criminal penalties for election fraud, mandatory removal of board members charged with ballot forgery, and one-year retention of ballots and voting records. HB 1021 reformed condominiums under Chapter 718 and let condo members consent to electronic voting electronically rather than by wet signature. HB 913 followed in 2025, again condos only, striking the special 14-day board-resolution notice from FS §718.128(4) so condos fall back to the ordinary 48-continuous-hour posted board-meeting notice of FS §718.112(2)(c)1., and requiring condos without formal e-voting to accept emailed ballots.

It depends which meeting you mean. For an ordinary condominium members' meeting, the default quorum is a majority of the voting interests unless a lower number is in the bylaws (FS §718.112(2)(b)1.). For a condominium board election there is no quorum requirement at all, but at least 20% of the eligible voters must cast a ballot for the election to be valid (FS §718.112(2)(d)5.a.). For HOAs under Chapter 720, the statutory default quorum is 30% of the total voting interests unless the bylaws set it lower (FS §720.306(1)(a)). Electronic voting through vote.direct can significantly boost participation, especially for seasonal residents who may not be present for in-person meetings.

Quorum in Florida: Two different Florida numbers get mixed up constantly, so keep them apart. The default quorum for a condominium members' meeting is a MAJORITY of the voting interests unless a lower number is provided in the bylaws (FS §718.112(2)(b)1.). The 20% figure is a separate threshold that applies only to board elections: FS §718.112(2)(d)5.a. provides that there is no quorum requirement for a board election, but at least 20% of the eligible voters must cast a ballot for the election to be valid. Only an association of 10 or fewer units may adopt different voting and election procedures by bylaw (FS §718.112(2)(d)). For HOAs under Chapter 720, the statutory default quorum is 30% of the total voting interests unless a LOWER number is provided in the bylaws (FS §720.306(1)(a)); the bylaws cannot raise it. Florida also prohibits proxy voting in condominium board elections. If a vote falls short, most bylaws allow the meeting to be adjourned and reconvened, often at a reduced threshold on the second attempt. Check your declaration for the exact procedure, because the fallback rule is usually in your governing documents rather than in statute. Online voting is the most direct fix: members vote from a phone or laptop instead of attending in person, and Vote.Direct tracks quorum progress live and reminds the members who haven't voted yet.

Florida's notice rules split by chapter and by meeting type. For an HOA member meeting, FS §720.306(5) supplies the default when the bylaws are silent: actual notice mailed, delivered, or electronically transmitted at least 14 days before the meeting, with an affidavit of compliance filed among the official records. For a condominium annual meeting, FS §718.112(2)(d)4. requires written notice including an agenda, mailed, hand delivered, or electronically transmitted at least 14 days before the meeting and posted conspicuously on the property for 14 continuous days. Condominium board elections carry their own timeline under FS §718.112(2)(d)5.a.: a first notice at least 60 days before the election, and a second notice with the ballot not less than 14 nor more than 34 days before it. For electronic voting the board must adopt an authorizing resolution — HOAs must give written notice of that board meeting at least 14 days in advance and file an affidavit of compliance (FS §720.317(3)), while condominiums fall back to the ordinary 48-continuous-hour posted board-meeting notice of FS §718.112(2)(c)1., because HB 913 struck the special 14-day resolution notice that FS §718.128(4) used to carry, effective July 1, 2025. Separately, both chapters require the association to give each member a method to confirm, at least 14 days before the voting deadline, that their device can successfully communicate with the voting system (FS §718.128(1)(c), FS §720.317(1)(a)2.). Your governing documents can require more notice than the statutory floor, never less. Count the notice window backwards from your meeting date before you open voting, and keep a copy of the notice and its delivery date with the election record.

Florida bars proxies in condominium board elections and narrows them everywhere else. Under FS §718.112(2)(b)2., unit owners in a residential condominium may not vote by general proxy at all; they may vote only by limited proxies substantially conforming to the limited proxy form adopted by the division, and a proxy, limited or general, may not be used in the election of board members in a residential condominium. FS §718.112(2)(d)5. says the same thing from the other direction: the board is elected by written ballot or voting machine and proxies may not be used in general elections or in elections to fill vacancies. Any condominium proxy is effective only for the specific meeting for which it was given and any lawfully adjourned meetings of it, and is not valid longer than 90 days after that first meeting (FS §718.112(2)(b)3.). For HOAs under Chapter 720, FS §720.306(8)(a) is nearly as strict and is statutory rather than left to the bylaws: a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the person who executed it; it is effective only for that meeting as lawfully adjourned and reconvened; it automatically expires 90 days after the date of that meeting; and it is revocable at any time. Online voting removes the need for any of this, because every member casts their own ballot directly. Proxies exist mainly to solve an attendance problem. When members can cast a verified ballot online during a multi-day voting window, most communities find proxy use drops sharply, along with the disputes about whether a given proxy was valid.