The early part of the year is typically when condo and homeowners associations elect new governing board members. In Florida, there are specific procedures condos must follow according to Chapter 18 of Florida statutes.
If the proper procedures are not followed, the election can be invalidated and a new election must occur, which can be very costly to an association.
Although there are very specific procedures condos must adhere to, the rules are not as clear for homeowners associations, or HOAs.
Associations should consult with an experienced real estate attorney to ensure they meet all the legal requirements when it comes to a board election.
Below are a few general rules outlined in this piece from the South Florida Sun Sentinel:
- 60 days prior to election – the association must mail notices to owners and state when and where the election will take place. The notice should also include a list of positions up for election, as well as instructions on how to declare candidacy.
- 40 days prior to election – deadline for candidates to submit their name for consideration.
- 35 days prior to election – candidates may submit an information letter if they so choose. This letter cannot be altered in any way.
- 14 days prior to election – deadline for the association to mail or hand-deliver the second notice for the election and annual meeting.
Also, under no circumstances, may a candidate be nominated from the floor.
