Condominium board elections may seem like routine procedural matters—but in Florida, even minor missteps can trigger major legal problems. Disqualified candidates, flawed ballots, and improper notice can all lead to litigation, administrative complaints, or a full do-over of the election.
At Strang Tryson, we regularly assist condo boards and property managers with election compliance to avoid costly mistakes. Here are five common pitfalls to steer clear of:
- Improper Notice of Election or Annual Meeting
Florida law (Chapter 718) requires:
- At least 60 days’ advance notice that an election will be held
- A second notice with voting instructions and candidate information sent 14 to 34 days before the meeting
- Notices must be mailed or hand-delivered and also posted in a conspicuous place
Failure to provide proper notice invalidates the election—and could potentially invalidate any actions taken by the “elected” board.
- Mishandling Candidate Eligibility
Board eligibility rules are strict:
- They must be over the age of 18.
- They must have not been convicted of a felony without a full restoration of rights
- They must complete the state-mandated certification or education course within 90 days of being elected
Some boards improperly disqualify candidates for reasons not allowed under Florida law—or fail to disqualify someone who is ineligible, opening the door to challenges.
- Ballot and Voting Mistakes
Florida mandates secret ballots with very specific instructions:
- Ballots must be placed in an inner envelope marked “Ballot”
- That envelope must be placed in an outer envelope with the owner’s name, signature, and unit number
- Owners must return ballots by mail or in person before the election meeting
Common mistakes:
- Allowing owners to vote by proxy (not allowed for elections)
- Tampering with ballots or opening envelopes early
- Losing track of quorum requirements
- Violating Fair Election Practices
Boards or management companies must not:
- Endorse or campaign for specific candidates using association resources
- Deny equal access to the mailing list or bulletin boards
- Withhold candidate statements (owners may submit one within 35 days of notice)
The election process must be transparent, neutral, and well-documented. Even the appearance of bias can trigger complaints to the DBPR (Department of Business and Professional Regulation).
- Ignoring Challenges or Failing to Keep Records
Owners have 60 days after an election to file a challenge with the DBPR. Boards must:
- Retain election materials (ballots, envelopes, sign-in sheets) for at least 1 year
- Respond to official challenges with clear documentation
- Consider mediation to resolve disputes before they escalate
Failing to respond or losing election records is a fast track to losing control of the board—or winding up in court.
Bonus: Skipping the Election Entirely
Some associations, especially in smaller buildings, may be tempted to “roll over” the board without holding a formal election. This is only allowed if:
- The number of candidates equals or is fewer than the number of open seats
- All procedures and notices are still followed
Skipping the election without meeting this threshold can lead to forced compliance from the state.
Strang Tryson’s Take
Election season doesn’t have to be stressful—or litigious. We assist condo boards with:
- Drafting and reviewing notices
- Verifying candidate eligibility
- Supervising elections as neutral third parties
- Defending or resolving DBPR complaints
With clear procedures and legal guidance, elections can be democratic, drama-free, and defensible.
