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. |