|
Getting your Trinity Audio player ready...
|
Electronic voting has been part of Florida community association law since 2016. In 2025, it remains available to condominiums, cooperatives, and homeowners’ associations, but the rules now diverge in meaningful ways. Those differences affect how boards adopt electronic voting, whether owners can compel it, and whether electronic voting must remain available once adopted.
Generally, electronic voting allows a voter to sign up for electronic voting and then vote on any matter that requires a membership vote, via an electronic voting website. To implement it, a board adopts a written resolution that meets statutory requirements, engages a qualified independent third-party provider, and permits owners to “opt-in”. Owners who do not “opt-in” must continue to receive paper ballots and proxies. From there, the statutes differ by community type.
Condominiums
Section 718.128, Florida Statutes, authorizes condominium associations to adopt electronic voting by resolution at a regular board meeting with at least 48 hours posted notice. Condominium owners have a unique petition right. If 25% of the voting interests petition the board, the board must adopt electronic voting. Once implemented, owners who “opt-in” must be able to vote electronically in all future membership votes. If a condominium board does not adopt electronic voting, Florida law provides a narrow alternative for director elections. Owners may vote by e-mail if they expressly waive the right to a secret ballot.
Cooperatives
Section 719.129, Florida Statutes, governs electronic voting in cooperatives. Adoption must occur at a special board meeting noticed by mail and posted at least 14 days in advance. Cooperative owners do not have a statutory petition right to compel adoption. Once a cooperative adopts electronic voting, owners who “opt-in” must be able to use it for all subsequent membership votes. There is no fallback e-mail voting provision if the board declines to adopt electronic voting, so traditional paper processes remain in place until a board acts.
Homeowners’ Associations
Section 720.317, Florida Statutes, sets similar adoption mechanics for homeowners’ associations. The board must approve electronic voting at a special meeting with at least 14 days mailed and posted notice. Owners do not have a petition right. The key difference is flexibility. Even after adoption, an HOA board is not required to offer electronic voting for every future membership vote. The board may decide when to deploy the system, provided statutory requirements are followed each time. If an HOA does not adopt electronic voting, there is no requirement to permit e-mail voting.
Practical Guidance
For boards: Electronic voting is a valuable governance tool that can increase participation, help achieve quorum, and reduce disputes over election procedures. The statute that applies to your community controls the notice required, whether owners can compel adoption, and whether electronic voting must be offered consistently once implemented. Errors can jeopardize quorum or invalidate an election. Work with experienced legal counsel and a reputable third-party provider when drafting the resolution, scheduling notices, and configuring the platform.
For owners: Know your rights. Condominium owners can require adoption through a 25% petition. Cooperative and HOA owners cannot. In every community type, owners who do not “opt-in” must still be allowed to vote by traditional paper ballot and proxy.
Electronic voting is here to stay. It modernizes association governance and streamlines membership decisions. In 2025, success depends on understanding the distinct statutory frameworks for condominiums, cooperatives, and HOAs, and following them exactly. Clear rules make for smoother elections, which benefits everyone in Florida’s community living environment.
Destiny Goede, Esq., is a Miami based attorney concentrating on land use and real estate, community association law, regulated industries, and serves as outside counsel to large financial institutions. She offers practical, client-focused solutions across multiple legal disciplines.
Visit www.gadclaw.com or to ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.
