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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9 Comments

  • pelikannest@yahoo.com 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?