Florida HOA Election Rules

Florida HOA Election Rules: A Step‑by‑Step Checklist

Florida HOA elections, governed by Chapter 720 of the Florida Statutes, require strict compliance to ensure transparency, fairness, and legal integrity. If you’re on an HOA board—especially in Pasco, Hillsborough, or Tampa Bay—here’s a detailed checklist to guide your annual and special board elections.

 

1. Confirm Election Is Required

• Determine if nominations exceed vacancies. If not, no election is required—candidates are automatically seated without a ballot, and a quorum is not necessary. 

 

2. Determine Eligible Candidates

• Only members who are not delinquent in assessments and have restored civil rights (for felons) may run. 
• Ensure candidate eligibility is based on status at the deadline for notice of intent.

 

3. Send First Election Notice

• Send notice at least 60 days before the election. 
• Include instructions for submission of a written notice of intent to run.

 

4. Candidate Notices of Intent

• Candidates must submit a written notice at least 40 days before the election via certified or deliverable methods. 

 

5. Publish Candidate Information

• Accept info sheets no later than 35 days before the election. 
• Distribute these alongside ballot packets. 

 

6. Send Second Election Notice

• Between 14–34 days before the election, deliver notice with election agenda. 
• Include ballots and candidate information sheets. 

 

7. Set Up Voting Method

• Use written ballots or secure online systems. 
• Proxies are prohibited for board member elections. 
• If secret ballots are permitted, separate identifying envelopes are required. 

 

8. Elect an Impartial Election Committee

• Committee members must not include current board members, officers, or candidates (or spouses).

 

9. Verify and Count Ballots

• The committee must check the outer envelopes against the voter roll. 
• Once verification begins, polls close. Inner envelopes are opened and counted in public.

 

10. Validate Turnout & Vote

• Elections are valid only if at least 20% of eligible voters cast ballots. 
• Results determined by plurality unless otherwise defined. 

 

11. Handle Ties or Runoffs

• Conduct a runoff 21–30 days after the initial election. 
• Notify voters within 7 days of the runoff. Use the same ballot standards.

 

12. Record Keeping Requirements

• Retain ballots and envelopes (used or spoiled) for at least one year. 
• Open‐meeting minutes must be preserved for at least five years. 

 

13. Record Member Comments & Petitions

• Members may speak for at least 3 minutes on each agenda item. Boards must allow petitions from 20% of owners to be heard at the next meeting, within 60 days. 

 

14. Vacancy & Recall Procedures

• Vacancies may be filled by remaining directors—even if fewer than a quorum. 
• Recall requires a written or membership petition; the board must certify or arbitrate within 5 business days. 

 

15. Rules for Electronic Voting (if offered)

• Must consent to electronic voting in writing. 
• Systems must authenticate votes, separate identifying information from ballots, issue voting receipts, and securely store records. 

Summary Checklist Table

Step	Requirement	Statute Reference
Election Necessary?	More candidates than seats	720.306/720.317
Candidate Eligibility	Not delinquent, civil rights restored	§720.306
First Notice	≥60 days before election	§720.306
Notice of Intent	Submitted ≥40 days before	§720.306
Candidate Sheets	Distributed with ballots	§720.306
Second Notice	14–34 days before, includes ballots	§720.306
Voting Method	Secret ballot or in person; no proxies	§720.306/§720.317
Election Committee	Impartial, no board/candidate relations	§720.317
Minimum Turnout	20% of eligible voters	§720.317
Ballots & Records Retention	One year for ballots; five years minutes	§720.306/§720.303

 

Why Following the Rules Matters

Strict election procedures protect your association from legal challenges, ensure fair representation, and maintain homeowner confidence in the process. Poorly managed elections can result in invalid results—or costly disputes.

 

Need help coordinating your HOA election with your CAM, or updating your procedures to comply with Florida law? Our team helps Pasco and Hillsborough HOA boards conduct compliant, transparent elections year after year.