Fall typically marks the beginning of the annual election process for community associations in Florida. Florida Statutes provide for specific procedures to be followed which differ for the various types of community associations, and are more involved in some over others.
For condominiums and cooperatives
Section 718.112(2)(d) F.S. has provided the current election procedure since 1992, which is the most comprehensive election process in the Statutes. (Section 719.106(1)(d) F.S. provides for the same process as condominiums.) Under the statutes, condominium and cooperative associations hold their elections by a mail-in (or hand deliver) balloting procedure. To start the process, the association must send a written notice to all unit owners at least sixty (60) days before the date of the election that the annual election will be held on the specified date. Owners interested in running for and serving on the board must then submit a written notice of their intent to run no later than forty (40) days prior to the election. While many associations include a form for owners to fill out and return, indicating the intent to run, the Statute does not require such a form. Any interested owner desiring to run for the board may also submit a personal information sheet to the board, which is the opportunity of an owner to tell the voting owners a bit about themselves. The personal information sheet cannot exceed one side of an 8 ½ x 11 sheet of paper, and must be included with the ballots that are sent, so long as the candidate submits it to the Association not less than thirty five (35) days before the election. On the deadline date for an owner to submit his or her name to run for the board, that owner must be “qualified” to run, as set forth in the Statute. This includes the requirements that the owner not be delinquent in assessments and not have been a convicted felon whose civil rights had not been restored for at least five (5) years as of that date.
Not less than 14 days nor more than 35 days prior to the election date, the second notice of the election is required to be sent to the unit owners. Within this package should include any candidate personal information sheets timely received by the association, the ballot identifying the candidates running for the board, in alphabetical order, an “inner” envelope, which is blank, to contain the ballot and an outer envelope to contain the sealed blank inner envelope. The outer envelope is to contain the information identifying the unit for which the ballot is cast so that the association records will document it. There is typically an instruction sheet to assist the unit owner in the voting process. The ballots are then returned to the association either by mail or hand-delivered and may be brought to the meeting. It is important to note that a proxy may not be used to elect members of the Board.
All ballots must be cast before the association begins opening the ballots. In order for the election to proceed, at least 20% of the units must cast a ballot. If less than 20% have cast a ballot at the time the election is to commence, the election may not proceed. Presently, the Statutes do not provide for this occurrence, which typically results in the need for the election to be cancelled and the entire process to begin again. In this event, the board in place prior to the election remains until the election can be held or they choose to resign.
At the election, the first step is to validate the ballots cast are from qualified voting interests of the association, as indicated on the outer envelopes. Specifically, the signature and unit identification on the outer envelopes must be checked (by impartial volunteers) against a list of qualified voters. Any outer envelope that is not signed by the voter shall be marked “disregarded” and cannot be counted for the election. Once the votes being cast are verified and it is determined that more than 20% of the qualified voting interests have cast a ballot, the next step is the opening of the outer envelopes and separating the sealed inner envelopes from them. This is a necessary step to ensure that the voting remains anonymous. After all of the inner envelopes are removed, the next step is to open the inner envelopes and confirm that each contain a single ballot. If there is more than one ballot in the inner envelope, all of the ballots are to be discarded and not counted. If there is other documentation in the inner envelopes, such as a proxy, it can be set aside, and the ballot in that envelope counted.
An impartial committee may, but is not required to, verify the outer envelope information prior to the election. Notice of that Committee Meeting to verify the outer envelope information must be: (i) posted in the Community at least 48 hours in advance; (ii) open to owners to attend, and (iii) held on the same day as the election.
Also, all notices of election, notices of intent to run, information sheets, voting envelopes, ballots, sign-in sheets, voting proxies, and all other papers relating to voting by unit owners shall be maintained as part of the Official Records of the Association for a period of one (1) year from the date of the election.
For Homeowner Associations
Section 720.306(2)-(9) of the Florida Statutes sets forth the Annual Meeting/Election process for Homeowner Associations. Under the Statute, elections are conducted in the manner set forth in the governing documents of the Association.
One of the most important distinctions for Homeowner Association elections is that owners have the right to vote in person or by proxy for the election (unless proxy voting is restricted in the governing documents). To be valid, a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy. A proxy is revocable any time at the pleasure of the person who executes it.
Notice of the Annual Election Meeting must be provided to owners in the manner set forth in the Bylaws and if the Bylaws are silent, Notice shall be provided to the members not less than 14 days prior to the meeting (evidence of compliance with the 14-day notice shall be made by an affidavit executed by the person providing the Notice). Unless required by the governing documents, the Notice does not need to include a description of the purpose for which the meeting is called, although, as a practical matter, the notice of the Annual meeting should include all agenda items.
Unless otherwise provided in the governing documents, an owner may nominate himself or herself as a candidate for the Board “from the floor” at the Annual Election Meeting.
Also, if the governing documents permit voting by absentee ballot, the ballot must be placed in a blank inner envelope (with no identifying markings) and mailed or delivered to the association in an outer envelope (identifying the name of the owner, the lot, and signature of the owner casting the ballot).
Regarding eligibility to serve on the Board, a person must not be delinquent in the payment of a monetary obligation to the Association for more than 90 days, nor can such person be a convicted felon whose civil rights had not been restored for at least five (5) years from the date of the election.