Lesser-Known Florida Laws Condo and HOA Boards Must Follow During Elections
While many condo and HOA board members are familiar with the basics of election procedures, there are lesser-known rules in Florida that, if not followed, can lead to serious consequences. Understanding these nuanced rules is essential for avoiding legal pitfalls and ensuring a smooth, legally compliant election. In this post, we’ll highlight some of these lesser-known laws and explain how they apply to your condo or HOA election process.
1. Ballot Retention Requirements
Florida law mandates that all ballots, including any proxy votes or sign-in sheets from election meetings, must be retained for at least one year. Failure to properly store these documents can lead to challenges from homeowners or legal action. Ensure you have a system in place to securely store both physical and electronic ballots.
2. Prohibition of Nomination Disqualification
In Florida, unless specifically disqualified for reasons such as felony convictions or being delinquent in dues, a member cannot be denied the right to run for the board. Some associations mistakenly attempt to impose additional criteria, but doing so violates state law. Ensure that all eligible members are allowed to run, regardless of personal disagreements or past conflicts.
3. Electronic Voting Must Be Approved by Resolution
Florida allows for electronic voting, but this can only be implemented if the association’s board passes a formal resolution at least 14 days before the election. Additionally, homeowners must consent to electronic voting. This means associations can't simply switch to electronic voting without proper legal procedure. Keep this law in mind if you're planning to modernize your voting methods.
4. Candidate Certification Requirement
Within 90 days of being elected, all new board members must complete a certification course and sign a certification form stating they have read the association's governing documents and will uphold their fiduciary duty. Failing to comply with this requirement can result in removal from the board. Ensure that your new board members complete this step to avoid complications. New rules also require continuing education each year for board members.
5. Tie-Breaking Procedures
In the event of a tie during a condo or HOA election, many associations aren't sure what to do. Florida law states that the tie must be broken by agreement between the tied candidates or by a random selection process (such as drawing lots). Ensure you have a procedure in place for this scenario to prevent disputes.
Understanding and complying with these lesser-known Florida laws is crucial to ensuring your condo or HOA election is both fair and legal. Avoid unnecessary headaches and legal risks by staying informed. Need help navigating Florida’s election laws? Contact us for expert guidance!
