How Florida HOA Board Elections Work: Nominations, Ballots, and the Count
By Carlos Castellano · Current as of
Section 720.306(9)(a), Florida Statutes, provides that HOA director elections “must be conducted in accordance with the procedures set forth in the governing documents of the association.” The same section then sets a short list of rules of its own, some fixed and some that apply only when the documents are silent: when the election is held, how members are notified, who may nominate, when no vote is needed, how absentee ballots are handled, how winners are decided, and how long anyone has to challenge the result. This article walks through an HOA election in the order a board runs one, with the statute for each step. Condominium associations follow their own procedure, covered in how Florida condo board elections work.
Planning this year’s election? Download our free HOA election checklist: the answers to pull from your documents, the notice and nomination dates to set, the proxy and ballot rules, and the records to keep afterward. No email required. Download the checklist (PDF).
How to read this article
BoardComply provides education and compliance tools, not legal advice. This article explains Florida law as we read it, with citations to the statutes. Where the law is unsettled we say so, and where regulators clarify a point we will update this article and note the change. For advice about your association’s specific situation, talk to a Florida community association attorney.
Start with your governing documents
Because Section 720.306(9)(a) hands the procedure to the governing documents, the bylaws are the first thing to open, followed by the articles of incorporation and the declaration. Before the notice goes out, find the answer to each of these questions and write down the section it came from:
- How many seats are on the board, and how many are up this year.
- How long a term lasts, and whether terms are staggered.
- Whether candidates are nominated in advance, and if so, the deadline.
- How members may vote: in person, by proxy, by mailed ballot, or online.
- Who counts the ballots, and what happens on a tie.
Where the documents are silent, the statutory default below applies if there is one. Where there is no default, such as who counts the ballots or how a tie is broken, ask the association’s attorney before the meeting.
When the election is held, and the notice members get
Section 720.306(2) requires the association to hold a meeting of its members annually, at a time, date, and place stated in or fixed under the bylaws, and provides that “[t]he election of directors, if one is required to be held, must be held at, or in conjunction with, the annual meeting or as provided in the governing documents.”
Section 720.306(5) requires the bylaws to provide for notice of member meetings. If they do not, the statute supplies the rule: actual notice to all parcel owners and members, “mailed, delivered, or electronically transmitted to the members not less than 14 days prior to the meeting.” The person who gives the notice signs an affidavit of compliance, which is filed among the official records. Section 720.306(1)(g) allows electronic notice only to an owner who has consented in writing to receive notice that way. Under Section 720.306(4), notice of an annual meeting need not describe its purpose unless the law or the governing documents require it.
The quorum, proxy, and notice rules for the annual meeting as a whole are in Florida board meeting notice requirements.
Nominations: in advance, at the meeting, or both
Section 720.306(9)(a) provides that “a member may nominate himself or herself as a candidate for the board at a meeting where the election is to be held; provided, however, that if the election process allows candidates to be nominated in advance of the meeting, the association is not required to allow nominations at the meeting.”
So the governing documents decide which of two systems you run. If they provide an advance nomination process, the association may close nominations before the meeting. If they do not, any member may nominate himself or herself from the floor on election night. A board with an advance deadline should state it in the notice.
The last day to be nominated is also the day eligibility is measured. Under Section 720.306(9)(b), a person delinquent in “any fee, fine, or other monetary obligation to the association on the day that he or she could last nominate himself or herself or be nominated for the board may not seek election to the board, and his or her name shall not be listed on the ballot.” The felony bar and the rest of the eligibility rules are in who can serve on a Florida board.
When no vote is held
Section 720.306(9)(a) provides that “[a]n election is not required unless more candidates are nominated than vacancies exist.” The next sentence sets what happens when the seats are uncontested: if there are an equal number or fewer qualified candidates than vacancies, “and if nominations from the floor are not required pursuant to this section or the bylaws, write-in nominations are not permitted and such qualified candidates shall commence service on the board of directors, regardless of whether a quorum is attained at the annual meeting.”
With three open seats and three qualified candidates at the close of nominations, those three take their seats. No ballots are printed, no write-ins are accepted, and the result does not depend on a quorum. When floor nominations are open, the number of candidates is known only once nominations close at the meeting.
How members cast their votes
Section 720.306(8) provides that “[t]he members have the right, unless otherwise provided in this subsection or in the governing documents, to vote in person or by proxy.” In an HOA, that right reaches director elections unless the documents provide otherwise.
Proxies. Under Section 720.306(8)(a), a valid proxy must be dated, must state the date, time, and place of the meeting it was given for, and must be signed by the person who executed it. It is good only for that meeting, including any lawful adjournment, and it expires 90 days after the date of the meeting. The member may revoke it at any time. A proxy holder may appoint a substitute only if the proxy form says so.
Mailed secret ballots. Section 720.306(8)(b) applies “[i]f the governing documents permit voting by secret ballot by members who are not in attendance at a meeting of the members for the election of directors.” The member seals the ballot in an inner envelope with no identifying marks, and puts that inside an outer envelope showing the member’s name, the lot or parcel, and the owner’s signature. If more than one ballot comes in for the same lot or parcel, the ballots for that lot or parcel are disqualified. A ballot received after balloting closes may not be considered.
Online voting. Section 720.317 allows elections through an online voting system once the board adopts a resolution authorizing it, and only for members who consent in writing or electronically. The system must authenticate the member, confirm each vote is not altered in transit, send the member a receipt, and store the ballots for recount and review; if the bylaws provide for secret ballots in director elections, it must also separate the member’s identity from the ballot. A member who votes online counts as present for quorum. The resolution has to be adopted at a board meeting noticed at least 14 days ahead, so a board that wants online voting for this year’s election needs to schedule that meeting well ahead of the election.
Counting the votes and naming the winners
Section 720.306(9)(a) provides: “Except as otherwise provided in the governing documents, boards of directors must be elected by a plurality of the votes cast by eligible voters.” Plurality means the candidates with the most votes win. With three seats open, the top three vote-getters are elected, whether or not any of them has a majority.
Mailed secret ballots are handled in the order Section 720.306(8)(b) sets. The outer envelope is checked first. If the member’s eligibility to vote is confirmed and no other ballot has been submitted for that lot or parcel, the inner envelope is removed, placed with the ballots cast in person, and opened when the ballots are counted.
Members have the right to attend and to speak for at least 3 minutes on any item on the agenda under Section 720.306(6), and any parcel owner may record the meeting under Section 720.306(10).
The quorum for a member meeting is 30 percent of the total voting interests unless the bylaws set a lower number, under Section 720.306(1)(a). The statute answers the quorum question for an uncontested election, quoted above. It does not answer it expressly for a contested one, so check the bylaws, and if they are silent, get the association’s attorney’s view before the meeting.
How long a director serves
Chapter 720 does not set a term length or a term limit for HOA directors. Section 720.302(5) makes an association incorporated under Chapter 617, the nonprofit corporation act, subject to that chapter as well. Section 617.0805(1), in effect since July 1, 2026, provides: “The articles of incorporation or bylaws may specify the terms of directors. If a term is not specified in the articles of incorporation or bylaws, the term of a director is 1 year.”
Under Section 617.0805(4), a director whose term has expired continues to serve until a successor is elected, appointed, or designated and takes office, unless the articles or bylaws provide otherwise. Section 617.0806 allows the articles or bylaws to divide directors into classes, which is how staggered terms are set up.
The 8-consecutive-year limit in Section 718.112(2)(d)3. applies to condominium directors; it is explained in the condo board term limit. An HOA director’s limit, if any, comes from the governing documents.
After the election
The challenge window. Section 720.306(9)(a) provides that “[a]ny challenge to the election process must be commenced within 60 days after the election results are announced.” Under Section 720.306(9)(c), an election dispute between a member and the association goes to binding arbitration with the Division of Florida Condominiums, Timeshares, and Mobile Homes or to a court.
The records. Section 720.303(4)(a)12. makes “[b]allots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by parcel owners” official records, to be kept for at least 1 year after the date of the election. Keep the notice affidavit with them.
Electing officers. Section 720.303(2)(c)3. provides that directors may not vote by proxy or by secret ballot at board meetings, “except that secret ballots may be used in the election of officers.” What each officer does is in president, secretary, treasurer: who does what.
The education deadline. Under Section 720.3033(1)(a), each director must submit a certificate of completing the department-approved education within 90 days after being elected. The clock starts on election day for every newly elected director. The details are in the 90-day HOA board certification requirement.
Election offenses. Section 720.3065 makes fraudulent voting activity in an association election a first-degree misdemeanor. The list includes fraudulently changing a member’s ballot or ballot envelope, giving or promising anything of value to buy a vote, and using threats or intimidation to influence how a member votes. Food served at an election rally or meeting and campaign items of nominal value are excluded. Separately, Section 720.3033(4)(a) requires the removal of a director or officer charged by information or indictment with forgery of a ballot envelope or voting certificate used in an HOA election.
Notice and meeting requirements are one of the four topics Florida requires in the education for newly elected HOA directors, along with financial literacy and transparency, recordkeeping, and levying of fines. Our HOA certification course covers the required curriculum with the statutes cited, and it runs on your own schedule, so every director elected at this year’s meeting can start the day after.