CONDOMINIUM ASSOCIATION EDUCATION

CONDOMINIUM ELECTION PROCESS OVERVIEW

CONDOMINIUM ELECTIONS ARE REGULATED BY FS 718.112(2)(d)

 

Condominium elections are regulated by FS718.112(2)(d)4.a.

 

The statutes are very complex and explain in detail how an election has to be conducted.

 

It is important that all the required dates are obeyed by.

 

 CLICK HERE TO SEE THE DIVISION PREPARED ELECTION CHECK LIST!

 

FS718.112(2)(d)4.a.

At least 60 days before a scheduled election, the association shall mail, deliver, or electronically transmit, by separate association mailing or included in another association mailing, delivery, or transmission, including regularly published newsletters, to each unit owner entitled to a vote, a first notice of the date of the election. A unit owner or other eligible person desiring to be a candidate for the board must give written notice of his or her intent to be a candidate to the association at least 40 days before a scheduled election. Together with the written notice and agenda as set forth in subparagraph 3., the association shall mail, deliver, or electronically transmit a second notice of the election to all unit owners entitled to vote, together with a ballot that lists all candidates not less than 14 days or more than 34 days before the date of the election. Upon request of a candidate, an information sheet, no larger than 8 1/2 inches by 11 inches, which must be furnished by the candidate at least 35 days before the election, must be included with the mailing, delivery, or transmission of the ballot, with the costs of mailing, delivery, or electronic transmission and copying to be borne by the association. The association is not liable for the contents of the information sheets prepared by the candidates. In order to reduce costs, the association may print or duplicate the information sheets on both sides of the paper. The division shall by rule establish voting procedures consistent with this sub-subparagraph, including rules establishing procedures for giving notice by electronic transmission and rules providing for the secrecy of ballots. Elections shall be decided by a plurality of ballots cast. There is no quorum requirement; however, at least 20 percent of the eligible voters must cast a ballot in order to have a valid election. A unit owner may not authorize any other person to vote his or her ballot, and any ballots improperly cast are invalid. A unit owner who violates this provision may be fined by the association in accordance with s. 718.303. A unit owner who needs assistance in casting the ballot for the reasons stated in s. 101.051 may obtain such assistance. The regular election must occur on the date of the annual meeting. Notwithstanding this sub-subparagraph, an election is not required unless more candidates file notices of intent to run or are nominated than board vacancies exist.

 

Any election disputes will be conducted by a Division arbitrator and have to be commenced within 60 days after the election results are announced. You'll find some examples of election arbitration rulings on our website at:

ARBITRATION RULINGS

Election Records

All election materials must be retained for one year -- or until next election has been conducted. Unit owners can inspect them, on request.


IMPORTANT:

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