How HOA Elections Work

Every homeowner has probably received an election notice in the mail or by email and wondered:

“What exactly am I supposed to do with this?”

You may see ballots, proxies, meeting notices, candidate information, and unfamiliar terms like quorum or secret ballot.

If you've never participated in an HOA election before, the process can seem confusing.

But at its core, an HOA election has a straightforward purpose:

It gives homeowners a voice in choosing the directors who will help govern their Association.

Those directors will make important decisions involving the Association's finances, maintenance, contracts, insurance, community projects, and other responsibilities.

Florida law establishes requirements for HOA elections, but the Association's governing documents also play an important role in determining how the election process works in a particular community. 

Florida law specifically provides that elections of directors must be conducted according to the procedures established in the Association's governing documents.

Whether you're voting for the first time or have lived in your community for years, understanding the basic process makes that election package much less intimidating.

Let's take a closer look.

Do All HOAs Hold Elections the Same Way?

No.

This is one of the first things homeowners should understand.

Florida law provides the legal framework for HOA elections, but the governing documents contain many of the details that apply to a particular Association.

For example, your governing documents may address:

The number of directors serving on the Board

The length of each director's term

Whether directors serve staggered terms

How candidates are nominated

How elections are conducted

That's why two Florida HOAs may have different election procedures while both comply with Florida law.

If you have questions about how elections work in your community, your Bylaws are an important place to start.

Florida law provides the framework. Your governing documents provide many of the details.

When Are HOA Elections Held?

Florida HOAs are required to hold an annual meeting of the members.

When an election of directors is required, Florida law provides that it must be held at, or in conjunction with, the annual meeting or as otherwise provided in the governing documents.

Before the election, homeowners typically receive information explaining when the meeting will occur and how to participate.

Depending on the Association's election procedures, that information may include candidate information, ballots, proxies, meeting notices, deadlines, or voting instructions.

Don't put the election package aside until the night before the meeting.

Take a few minutes to read it when you receive it.

There may be deadlines or instructions that are important to your vote.

Does an HOA Always Have to Hold an Election?

Here's something homeowners may not realize:

Not necessarily.

Florida law provides that an election isn't required unless more candidates are nominated than there are vacancies on the Board.

Suppose three Board seats are open and only three qualified candidates are nominated.

Depending on whether nominations from the floor are required, there may be no reason to conduct an election because there are enough seats for every qualified candidate.

Those candidates may simply begin serving on the Board.

On the other hand, if three seats are available and five qualified candidates are running, homeowners need to decide which three will serve.

That's when an election is necessary.

Who Can Vote in an HOA Election?

Voting rights generally belong to the Association's voting interests as established by the governing documents.

That doesn't necessarily mean every adult living in a home gets a separate vote.

Suppose a husband and wife jointly own one home.

They don't automatically receive two separate voting interests simply because there are two owners.

Likewise, a tenant who lives in the community isn't automatically entitled to vote merely because the tenant resides there.

The governing documents help establish how the voting interest associated with a parcel is exercised.

If you're unsure who is entitled to cast the vote for your property, check your governing documents and the election instructions provided by your Association.

Board Meeting vs. Membership Meeting — What's the Difference?

This distinction can be confusing at first.

A Board Meeting is where the Board of Directors conducts Association business.

Directors discuss and vote on matters involving contracts, maintenance, budgets, policies, and other Association responsibilities.

A Membership Meeting, on the other hand, is a meeting of the Association's members.

The annual meeting is a membership meeting, and the election of directors—when an election is required—is generally held at or in conjunction with that meeting.

The meeting may be presided over by the Association's President or another person authorized to chair it, but that doesn't mean the Board chooses the election results.

The homeowners cast the votes.

That's the important distinction.

What Is a Quorum?

You've probably heard someone say:

“We don't have a quorum.”

A quorum is the minimum level of participation required for certain official business to be conducted.

For a membership meeting, Florida law generally establishes a quorum of 30 percent of the total voting interests unless the Bylaws provide for a lower number.

But here's where we need to separate the membership meeting from the election itself.

A lack of a membership quorum does not automatically mean that qualified candidates cannot take office in every situation.

For example, Florida law specifically provides that when an election isn't required because there are an equal number or fewer qualified candidates than vacancies—and nominations from the floor aren't required—those qualified candidates begin serving regardless of whether a quorum is attained at the annual meeting.

That's why it's dangerous to treat “Do we have a quorum?” and “Can directors be elected or take office?” as though they're always the same question.

They aren't.

What Is a Proxy?

A proxy is another word homeowners often encounter around election time.

In general, a proxy allows another person to represent a member for purposes permitted by Florida law and the governing documents.

A proxy may be important for establishing a membership quorum and, depending on the matter being considered, may also authorize another person to cast certain votes.

But a proxy and an election ballot aren't necessarily the same thing.

Florida law allows members to vote in person or by proxy unless otherwise provided by the statute or governing documents, and it contains specific requirements for proxies.

If your Association uses secret ballots for director elections by members who aren't attending the meeting, Florida law also establishes specific procedures for those ballots when the governing documents permit that method.

The practical lesson is simple:

Read the instructions that come with your election materials.

Don't assume the ballot and proxy do the same job.

How Are the Winners Determined?

Unless the governing documents provide otherwise, Florida HOA directors are elected by a plurality of the votes cast by eligible voters.

Plurality sounds more complicated than it is.

Suppose there are three open Board seats.

The three candidates receiving the highest number of qualifying votes would generally be elected.

They don't each necessarily need to receive more than 50 percent of all possible votes.

The candidates receiving the most votes for the available seats win.

Your governing documents should still be reviewed because Florida law allows them to provide otherwise.

Who Can Run for the Board?

Florida law generally provides that Association members are eligible to serve on the Board, subject to certain statutory exceptions.

For example, a person who is delinquent in the payment of certain monetary obligations to the Association on the applicable nomination date may not seek election.

Certain felony convictions can also affect eligibility unless the person's civil rights have been restored for the required period.

We explore Board service more closely in Running for the Board.

For election purposes, the important point is that candidacy isn't simply a matter of putting someone's name on a ballot.

The candidate must be eligible to serve.

What Happens After the Votes Are Counted?

Once the ballots are counted and the results are announced, the homeowners have selected the directors who will serve on the Board.

And here's another distinction worth remembering:

Homeowners elect directors.

They don't necessarily elect the President, Vice President, Secretary, or Treasurer.

Those are officer positions.

Depending on the Association's governing documents, the Board may hold an organizational meeting after the election and select the officers from among the directors.

So the person who receives the most votes in the HOA election doesn't automatically become President.

The election determines who sits on the Board.

The Board generally determines who serves in the officer positions, subject to the governing documents.

What If I Think Something Went Wrong With the Election?

Election disputes have their own procedures.

Florida law provides that an election dispute between a member and an Association must be submitted to binding arbitration with the appropriate state division or filed with a court of competent jurisdiction.

Florida law also establishes a 60-day period after election results are announced for commencing a challenge to the election process.

That means an election concern shouldn't simply sit unresolved for months while everyone debates what happened.

If you believe there was a significant problem with an election, understanding the applicable procedures and deadlines is important.

Why Should I Vote?

It's easy to look at an HOA election ballot and think:

“Does my one vote really make a difference?”

It can.

Board members make decisions throughout the year involving the money homeowners contribute, the property the Association maintains, the vendors it hires, the rules it enforces, and the future direction of the community.

An HOA election is one of the most direct opportunities homeowners have to decide who will be sitting at that Board table making those decisions.

You don't have to agree with every candidate.

You don't have to attend every meeting.

And you don't have to become an HOA expert.

But if you have the opportunity to vote, take a few minutes to learn about the candidates and participate.

The Bottom Line

HOA elections give homeowners a direct voice in choosing the directors who will help govern their Association.

Florida law provides the legal framework, while the governing documents establish many of the procedures that apply within an individual community.

Understanding the difference between a membership meeting and a Board meeting, knowing what a quorum is, recognizing that a proxy and ballot aren't necessarily the same thing, and reading the election instructions can make the process much easier to understand.

And remember:

An election isn't always required simply because Board seats are becoming available.

If there aren't more qualified candidates than open seats, Florida law may allow those candidates to begin serving without an election.

The important thing is to stay informed and participate when your vote is needed.

After all, homeowners aren't simply watching an HOA election take place.

They're choosing the people who will help lead their community.

You don't have to learn everything today.

Knowledge builds confident homeowners.

Engaged homeowners build stronger communities.

Let's keep the conversation going.

Florida HOA Spotlight™ — Helping Homeowners Understand Their Communities... One Conversation at a Time.