The Democratic Way Electing New Board Members

The annual election is probably the biggest event in the administrative life of the condominium, homeowners or cooperative community. For board members and residents alike, it's their most important performance.

The board members elected that night will be responsible for overseeing the financial stability of the association and the proper maintenance of the property. The resolutions and rules they pass and the attitude with which they serve their fellow residents greatly influence the tenor and feel of life within the community.

Recognizing the significance of board elections and their potential for causing confusion and contentiousness, the Florida Legislature has laid out a comprehensive, detailed protocol for elections under Florida statute.

The Ruling Class

The board of directors of a condominium or cooperative association must be elected by the process prescribed in Chapter 718 or 719, Florida Statutes, and Rule 61B-23.0021 or 61B-75.005 of the Florida Administrative Code, unless your association has 10 or fewer units and has adopted an alternate election procedure in its bylaws.

According to the Department of Business & Professional Regulation’s Election Brochure for Condominium and Cooperative Associations, vacancies on the board can only be filled by electing a new member and the election must be held on the same day and in the same place as the association’s annual meeting. The DBPR recommends that associations refer to the language found in the Condominium and Cooperative Acts, and the Florida Administrative Code, as well as any requirements in the association's documents prior to beginning the election process.


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  • on Wednesday, August 13, 2014 5:02 AM
    Can a five member Board operate for three or more meeting with just four members at the meeting. If there is a vacancy at this time, does it require an election to fill the vacancy.
  • Can a Florida condo association continue electing Board member to three year terms?
  • At the homeowners meeting does the board have to tell the homeowners the number of votes received by all that ran for the board. Can we ask that the ballots be recoup Ted if we question the results.
  • Can a current board member advertise his re-election or telling owners who to vote for knocking each and every owner's door? also bad mouthing some members in the list. is this legal? Please advise. email if possible please. Thanks
  • When someone is appointed to a co-op HOA board of directors to fill an unexpired term does that give him the remainder of that term or does he have to run for election at the next annual meeting. Does the by-laws have to specifically address this scenario, if so, does the by-law wording supercede the statute. Could you please provide the statute that addresses this situation?
  • The relevant Statute is 720.306 (9)(c), a cop-op director may be appointed by the Board, the director will serve for the unexpired term. The matter should be covered in the Associations By-laws which take priority. It is recommended the By-laws require any mid-term vacancy filled by the Board should be subject of a vote of Members at the next annual meeting
  • Our HOA just had our annual meeting to vote for 3 open positions on our Board. One of the elected members has already served 3 consecutive 2-year terms, which is in violation of our Bylaws limiting Board members to 2 consecutive terms. Although receiving the least amount of votes of the 3 new members, she managed to get herself elected President-again. Is there no way to get her removed from the Board?
  • We have requirement for 3 Board members; for upcoming annual HOA meeting, we have 3 candidates. Are the homeowners actually required to fill out a ballot and vote, or do the 3 candidates automatically become the new Board members. This is in California, Los Angeles County. Thank you.
  • A Board member sold their unit and do not live in this area nor do they own any property in the complex. However the person stayed own the board. It seems the person cannot vote so how do they keep their place on the Board?
  • I would like to know, if there is an election of a condo board and three people run for two open seats. When the election is over and the seats are filled and now there is a board member that resigns. Does the third person who received some votes now fill that position? Or does the board have the right to appoint someone else on their own?
  • Can a homeowner whom has 200 units in the same condo complex vote 200 times?
  • I would like to get the answer to a question comment made by Maria Senior on Tuesday, April 30,2019 4:47 PM It looks as if the most logical thing to do would be to automatically appoint the 3rd. Candidate since in all fairness to that person , he or she must have received some votes and this was the will of the owners, Very confusing,,,,,,,,,,Thanks.........Mario P>S> In our building,we have 58 Units and we had elections in 2019 for one year terms to fill 7 Board Members. There were 9 Candidates. 2 resigned and 1 Sold his unit. Now there is only 6 members. I was the last one to be eligible. in order to bring this board back to 7. Please advise
  • in our upcoming election of board members in our cooperative, because of a resignation during an unexpired term, there will be two three-year positions, and one one-year position. (We have a Board of seven and staggered positions) What procedure do we use for the different term positions? Do we have the candidates declare which term they are running for, or do we give the one-year position to the candidate winning with the least votes? or some other procedure?
  • In a Condo Assoc. election, can owners not going to the annual meeting have an owner friend take their ballot (in the proper manner of envelopes) to the meeting and be counted, or must they send it in to the property manager?
  • how will i find the answers to these questions by robert zito about elections ballot have an owner friend take the ballot in the proper manner and were told that law does not allow that.the owner must personally deliver the ballot either by mail or personal delivery it is in arbitration now because they rejected the ballots based on this procedure i would appreciate a response as the arbitrator will decide the case in 10 days. thank you
  • Please help! A candidate died three days before our condo election here in Pompano Beach and the BOARD did not announce the vote count until two days after the election. The board decided to fill the spot with the winning deceased resident with his wife. Shouldn't it be filled with the candidate with the next highest number of votes?? Thank you!
  • Annual meeting coming up . 4 openings and 4 people running. President is one of them which no one wants. How do we get him out. Can we nominate someone from floor which we know could get in or do we have to put up with him for another 2 yrs? This is a HOA
  • We just had our board election. after the election a signed election result count breakdowm form has to be posted. also do we have the right to ask for all the unit numbers in building that voted in election.
  • During the annual meeting vote for board members is it true that 5 directors are elected and then those 5 directors decide who is President, Vice President treasurer etc.?
  • in a three member board of directors if the president resigns can the remaining two appint some one from the community to fill the position???
  • Can a current condo assoc. board member recommend supporting, by vote, a particular candidate when there is more than one candidate running for election of one seat.
  • A resident in my 51 home HOA community submitted his intention to run by email to the Nominating Committee. It was sent before the cut off date. They say they never received the email even though the resident has proof it was sent on time. The instructions we received said that it has to be sent by a certain date, not received by that date. Does he have the right to be on the ballot?
  • Can someone educate me on how to handle a tie in an election? We are a co-op. 5 owners running for 3 spots. The votes were 27,25, 22,22 and 11. There was a tie for the 3rd spot. Do we do a run off election?
  • Can a homeowner announce his/her request to run for a board vacancy at the annual meeting, or is the 40 day advance notice a must.
  • As a voting condo owner do I have the right to see the ballots and check the totals in Florida HOA?
  • Good day. I live in Lauderdale West part time and would like some clarification regarding elections that took place yesterday. First of all there were proxy forms included in the ballot packets and I was under the understanding that proxies were not allowed. The ballots were a a list of seven names which you had to choose five from, but no positions were included. They figured out who won and then the new board nominated from that list for positions and voted amongst themselves I do not understand how you can choose people but not what position you feel they would be good at. I am having issues with the board as the president who got elected last night is vindictive and threatens homeowners if she doesn’t like you and thinks that people that come and go should get less priority.
  • Are you in a COA or HOA? You are correct. Proxies are not allowed in general elections. Furthermore, the only thing you can put in the ballot envelope is the ballot, nothing else. You can therefore challenge the election, and it will be invalidated. This is also a violation. You can reconfirm this with the Florida Ombudsman for COAs: They also have an office in Fort Lauderdale. You can also go to the DBPR (Department of Business & Professional Regulation) website for the Division of Condos, Time Shares and Mobile homes to obtain a complaint form. You can also email the attorney for your association, and make them aware of the violation. This Division enforces 3 provisions under Chapter 718: access to records, financials, and elections. If you don't know who your association attorney or registered agent is, you can find that on
  • This is the situation we had our annual meeting we have five positions on the board we had six candidates the votes were counted the top five candidates were announced at that time one candidate withdrew his name does that make it where the six person automatically gets slid into that spot this is the issue we are trying to decide any help would be appreciated thank you this is in the state of Florida so does the Florida condo laws follow this
  • My HOA requires all ballots to be dropped off with a non board member. I thought the ballots cannot be handled by a non board member? And wouldn't that make the vote invalid?