ELECTION DISPUTES

An Opinion By Jan Bergemann

Published October 27, 2026

Next week are the Midterm Elections and you can bet on seeing a lot more disputes than real results. Many other countries succeed in giving fairly accurate election results within a few hours after closing of the polling places. Not so in this country! It looks like elections are making lots of attorneys rich.

But it’s not much different in Florida’s community associations. In most associations the annual meeting with elections takes place during the “winter” months, because most owners are at home in this time. But despite the statutes being fairly detailed, we see each year lawsuits regarding the way the election was being held and who could actually be elected to the board.

Since election disputes are going to an arbitrator of the Division of Florida Condominiums, Timeshares and Mobile Homes, the Division lists long lists of arbitration rulings. But despite the statutes are calling for arbitration with the Division for elections and recalls, some attorneys rather go to court, dealing with judges who have mostly no clue how community association elections are regulated. And we have seen some pretty weird court rulings.

The statutes are very detailed how elections have to be held. But they differ very much if you compare the election provisions of FS 718 (CONDO ACT: FS 718.112(2)(d)4.a.) and FS 720 (HOA ACT: FS 720.306). Only the “smart” folks in Tallahassee know the reason why this is this case, because it really makes no sense. But one thing is clear: Elections are regulated by the Florida Statutes, not by some weird rules created by power-hungry board members – and their management company and/or attorney.

Elections can be very emotional and there is often much at stake – not just in general elections.

Elections can end up being pretty expensive if the folks organizing the election don’t follow the rules, but the rules are pretty simple and you don’t have to be an attorney to understand the wording used in the election provisions.

If your annual meeting with election is coming up soon, please make sure that everybody involved is reading – and following – the rules set up by the Florida Legislature. It can save a lot of money!