Navigating Florida’s Electronic Voting Rules for Condo and HOA Elections

In today’s digital age, more and more associations are turning to electronic voting for their board elections. This option can streamline the process, save time, and make it easier for residents to participate. However, electronic voting comes with specific rules and regulations in Florida that must be followed to ensure compliance. In this post, we’ll break down the steps your condo or HOA needs to take to implement electronic voting correctly.

1. Pass a Resolution Approving Electronic Voting
Before any electronic voting can take place, your board must pass a formal resolution authorizing its use. This resolution must be approved at a properly noticed board meeting, and the resolution must be sent to all homeowners at least 14 days prior to the election. Without this step, electronic voting cannot legally proceed.

2. Obtain Homeowner Consent
Homeowners must individually opt into electronic voting, meaning that each owner must consent to casting their vote electronically. This can be done via email or in writing. Homeowners who do not opt in must still be provided with the option to vote by paper ballot.

3. Use a Secure Voting Platform
Florida law requires that any electronic voting system used by condo and HOA associations must be secure and ensure the anonymity of the votes. There are several platforms specifically designed for this purpose, which encrypt votes and ensure they are counted accurately. Be sure to vet any platform you’re considering to make sure it meets legal standards.

4. Send Proper Notices
Just as with traditional voting methods, proper notice must be given for electronic voting. In addition to the election date and details, homeowners need to be notified about how to access the voting platform and submit their vote. Make sure the instructions are clear and easy to follow to avoid confusion or complaints.

5. Retain Electronic Voting Records
Once the election is complete, you must retain the electronic voting records for at least one year, just as you would with paper ballots. This ensures transparency and provides a backup if any disputes arise regarding the election results.

Electronic voting can make elections more convenient and efficient, but only if the proper steps are followed. Don’t risk a legal challenge by skipping key requirements. If you’re considering implementing electronic voting in your community, reach out to us for assistance in ensuring full compliance with Florida law.