The annual meeting is the most important owner meeting of the year. Directors are elected, the state of the association is reported, and owners have a chance to be heard. Because Florida law sets specific notice and election rules, small planning mistakes can lead to contested elections and unnecessary expense. Five common problems, and how to avoid them, are described below.
This article is general information and is not legal advice. The association's attorney should be consulted.
Mistake 1: No Pre-Meeting Timeline
The most common mistake is starting too late. Notice deadlines are counted backward from the meeting date, so a written timeline should be prepared months in advance.
For condominiums, section 718.112(2)(d) sets a detailed election schedule:
- A first notice of the election date must be sent at least 60 days before the election.
- A candidate must give written notice of intent to run at least 40 days before the election.
- A candidate who wants an information sheet included must provide it at least 35 days before the election.
- A second notice, with the agenda and a ballot listing all candidates, must be sent not less than 14 days or more than 34 days before the election.
- Notice of the annual meeting must also be posted conspicuously on the property for at least 14 continuous days.
For homeowners associations, section 720.306 requires notice of member meetings at least 14 days in advance unless the bylaws provide otherwise. Elections are conducted under the procedures in the governing documents, so the bylaws must be read carefully for nomination deadlines and ballot requirements. In both types of associations, an affidavit or certificate showing that notice was given should be placed in the official records.
Mistake 2: Skipping Professional Review
Notice packages are often reused from the prior year, and old dates or outdated forms can slip through. The association's attorney should review the notices, ballots, and procedures before they go out, especially when the law has changed. Ballots that do not follow the statute can lead to a challenge. In a homeowners association, a challenge to the election process must be started within 60 days after the results are announced, and election disputes may be taken to binding arbitration with the state or to court.
Proxies need particular care. In a residential condominium, proxies generally may not be used to elect directors. In a homeowners association, the bylaws determine how directors are elected and whether proxies may be used. The manager should receive and track all ballots and proxies so that they are handled consistently.
Mistake 3: Deciding Issues Outside the Meeting
Planning is necessary, but decisions must be made at properly noticed meetings. Under Florida law, a board meeting occurs whenever a quorum of the board gathers to conduct association business, and directors may not vote on association matters by email. When a majority of directors settle an issue privately before the meeting, the open meeting requirements may be violated. Directors also owe a fiduciary duty to the owners, which means personal agendas have no place in board decisions. More on board duties can be found in
the role of the board of directors.
Mistake 4: Careless Check-In and Vote Tracking
A reliable check-in process prevents duplicate votes and disputes over the quorum. A current owner list should be prepared in advance, showing which owners have already returned ballots. Ballots should be kept secure and counted in a manner consistent with the statute and the bylaws.
Eligibility should also be confirmed ahead of time. Florida law limits who may run for the board, including owners who are delinquent to the association in certain circumstances, and voting rights may be suspended for certain obligations that are more than 90 days delinquent under conditions set in sections 720.305 and 718.303. These issues should be reviewed with the attorney well before the meeting, not at the check-in table.
Mistake 5: Discussing Private Matters in the Wrong Setting
The agenda should stay on association business. Personal matters about individual owners, such as health issues or the details of a specific dispute, should not be aired at an open meeting.
At the same time, Florida law allows closed sessions only in narrow situations. Board meetings with the association's attorney about proposed or pending litigation, and board meetings to discuss personnel matters, are not required to be open. Most other business, including vendor contracts and collection policy, must be handled in an open meeting. Matters involving individual owners should be discussed with care, using account numbers or general descriptions where possible. Related guidance is available in
6 HOA board meeting best practices.
Planning Your Next Annual Meeting
Notice timelines, candidate packets, ballot mailings, and check-in procedures are handled for the communities managed by Condominium Associates, in coordination with the association's attorney. To start planning your next annual meeting,
contact us.
