BOARD GOVERNANCE REVIEW – OCTOBER 2026

Dear Board Member,

This edition of the Board Governance Review was created with a slightly different purpose—and a broader audience. It is intended to be shared with the owners in your community.

I have repeatedly heard the lament from Board Members about the frustration and difficulty getting owners to step up. Hopefully, I have created a resource that will help owners understand how their association works, participate thoughtfully in elections, cast informed votes, and consider whether they might have something valuable to contribute through board service.

For many owners, the election process can feel distant, complicated, or reserved for people with specialized experience. Board service may appear equally intimidating. That uncertainty can discourage participation before an owner ever considers becoming involved.

Understanding changes that. When owners understand what directors actually do, what an election requires, and how board service begins, participation becomes more approachable. They can make better-informed decisions about candidates, protect their own voting rights, and realistically consider whether serving their community might be right for them.

My hope is that boards will share this edition freely—not merely as an explanation of election procedures, but as an invitation to participate.

An informed and engaged membership strengthens the election process. It expands the pool of future leaders. Most importantly, it reminds owners that the community’s future is not shaped by the board alone. It is shaped by everyone willing to understand, participate, and contribute.

In this edition

• Your Community Wants You: What It Takes to Serve on the Board and Why It Matters
• Upcoming Board Educational Events
• Condominium Elections: What Owners Should Expect
• HOA Elections: Start with the Governing Documents
• Owner Election Checklists (Condo and HOA)
• I Was Elected—Now What?

Be well, Doug

Upcoming Online Board Education Events

Individual registration is required for all courses.

New Condominium Board Member Four-Hour Education Certification

DBPR Required Four-Hour Certification Course for new Condominium Association Board Members Subject to Florida Statute 718 – Presented by Doug Jenkins

October 8, 2026, 01:00 PM – Registration Required

Registration: https://us02web.zoom.us/webinar/register/WN_ZH5MWjFtSXqxCXT9h8l6_g

November 4, 2026, 01:00 PM – Registration Required

Registration: https://us02web.zoom.us/webinar/register/WN_XGrjw6ikQTCugH32_F5-qg

New Homeowners’ Association Board Member Four-Hour Education Certification

DBPR Required Four-Hour Certification Course for Homeowners’ Association Board Members Subject to Florida Statute 720 – Presented by Doug Jenkins

October 21, 2026, 01:00 PM – Registration Required

Registration: https://us02web.zoom.us/webinar/register/WN_Rgz2Njj8Se-g-aOgUlxwtw

December 9, 2026, 01:00 PM – Registration Required

Registration: https://us02web.zoom.us/webinar/register/WN_uNTEMErkQJid-IbAjy6UxQ

DBPR/CTMH Provided Board Member Certification

October calendar: https://www2.myfloridalicense.com/condos-timeshares-mobile-homes/event-calendar/#oct-2026

November calendar: https://www2.myfloridalicense.com/condos-timeshares-mobile-homes/event-calendar/#november-2026

Online, Self-Paced

The Division now offers a free, self-paced asynchronous Board Member Certification course for Condominium Association and Homeowners’ Association board members. Complete the course at your convenience with the ability to pause and resume the course, and satisfy the statutory board member education requirement through this online training. This course is self-paced and asynchronous, meaning you can start and stop as needed, complete the training on your own schedule, and are not required to attend a live class or participate at a specific time. To access the course, you will be required to create an account and verify your email address before beginning. Once your account has been created, you may log in at any time to complete the course at your own pace.

Course login: https://myfloridalicense.aomlms.com/login

Your Community Wants You! What It Takes to Serve on the Board—and Why It Matters

By Doug Jenkins

Your community wants you—or at least it wants people like you: owners willing to contribute their experience, judgment, time, and perspective. But what does serving on the board actually involve? And before you raise your hand—or take one cautious step backward—what should you know?

Governance, Not Management

Let’s begin with one of the most important distinctions in community-association leadership: The board governs. Management manages.

The board establishes direction, adopts policies, approves budgets, authorizes contracts, and makes the decisions assigned to it by law and the association’s governing documents. Management carries out the board’s lawful decisions, oversees daily operations, coordinates vendors, maintains records, communicates with residents, and helps the board fulfill its responsibilities.

That means serving on the board does not make an individual director the community manager, maintenance supervisor, contractor coordinator, or twenty-four-hour complaint department.

It also does not give one director the authority to independently direct employees, vendors, or management. Board authority is generally exercised collectively, through properly made board decisions.

Strong boards remain focused on oversight, direction, and results without stepping unnecessarily into day to day operations.

Board Meetings

Much of the board’s work takes place during board meetings. This is where directors review information, discuss community business, consider recommendations, listen to different perspectives, and make decisions.

Good meetings require preparation. Directors should review the agenda and supporting materials before the meeting—not for the first time while someone else is waiting for an answer. Preparation allows the board to ask better questions, have more productive discussions, and make more informed decisions.

Directors will not always agree. In fact, thoughtful disagreement can be healthy. The goal is not for every director to think alike. The goal is to examine the issue, debate it respectfully, reach a decision, and then support the board’s lawful action.

The boardroom should be a place for informed discussion—not personal battles, surprise agendas, or a competition to see who can win arguments.

Membership Meetings

Directors also participate in membership meetings, including annual meetings, elections, and special meetings when association members must consider or vote on community matters.

These meetings belong to the membership. They provide owners with an opportunity to hear about the association’s work, participate in the governance process, ask questions, and exercise their voting rights.

Directors should understand the purpose of the meeting, the required procedures, and the rights of the membership. They should also help create an environment where owners can participate respectfully—even when the questions are difficult or the opinions are strongly expressed.

A well-run membership meeting strengthens confidence in the association. A poorly planned one may become memorable for entirely different reasons.

Resolving Problems

Community associations bring people together—and wherever people gather, questions, disagreements, and occasional conflict are sure to follow.

Directors may face concerns about maintenance, finances, rules, vendors, neighbors, parking, pets, landscaping, or why someone’s favorite shrub was trimmed.

The board’s responsibility is not to guarantee that everyone will always be happy. That would be an unfeasible goal for any group of neighbors.

The responsibility is to address issues consistently, fairly, and within the board’s authority. Directors should gather reliable information, listen carefully, avoid reacting emotionally, and focus on solutions that serve the community as a whole.

Some problems can be resolved through communication. Others require professional guidance, formal board action, or enforcement of the governing documents.

Knowing when to seek assistance from management, legal counsel, accountants, engineers, insurance professionals, or other experts is part of responsible board service.

Rules and Policies

Another important board responsibility is adopting and reviewing reasonable rules and policies for the community.

Rules should address legitimate community needs, protect association property, promote safety, support consistent operations, and help residents live together successfully. They should be based on the authority provided by Florida law and the association’s governing documents.

Good rulemaking requires reasonableness and balance. The board must consider the needs of the community as a whole—not simply the preferences of an individual director, the loudest voice in the room, or the frustration created by a single incident.

Not every annoyance requires a new rule. A policy created in response to one unusual situation can sometimes produce unintended consequences for everyone else.

Before adopting a rule or policy, the board should ask: Is it necessary? Is it within the board’s authority? Is it clear and understandable? Can it be applied consistently? Is the burden it creates proportionate to the problem it is intended to solve? And will it serve the community fairly over time?

Residents should be able to understand what is expected, why the requirement exists, and how it will be enforced. Rules that are vague, overly restrictive, selectively enforced, or disconnected from a legitimate community purpose can undermine confidence in the board.

The strongest policies balance individual interests with the board’s responsibility to protect the association and serve the entire community. Thoughtful rulemaking is not about controlling community life. It is about establishing reasonable expectations that allow the community to function fairly, safely, and successfully.

Acting as a Fiduciary

A director serves in a fiduciary role. In practical terms, that means acting honestly, carefully, and in the best interests of the association—not merely in the director’s personal interest or in the interest of a particular group of friends or neighbors.

Directors must protect association funds, safeguard confidential information, disclose potential conflicts of interest, exercise reasonable care, and make decisions using appropriate information.

A director may rely on qualified professionals when the issue calls for specialized expertise. Being a good fiduciary does not mean knowing everything. It means recognizing what you do not know, asking good questions, and obtaining the guidance the board needs.

The question should not simply be, “What do I want?” The better question is, “What decision best fulfills my responsibility to the association?”

The Commitment of Time

Board service requires time—and not only the time spent sitting in meetings.

Directors must review financial reports, proposals, contracts, correspondence, and other meeting materials. They may participate in workshops, committees, planning sessions, community inspections, educational programs, and association social events.

Some months will be relatively quiet. Others may include a major project, an insurance renewal, budget preparation, an unexpected repair, or an issue that seems to generate twelve emails before breakfast.

Directors do not need to be available every minute of every day. They do need to make a realistic commitment to attend meetings, arrive prepared, respond when appropriate, and complete the work they have agreed to undertake.

Board service works best when responsibilities are shared. One director should not attempt to do everything—and one director should not be expected to.

Continuing to Learn

No one joins a board already knowing everything about association governance—and education is more than simply a good practice.

Florida law establishes education and certification requirements that directors must satisfy. The specific requirements and completion deadlines may vary depending on the type of association and the law governing the community. Each director is personally responsible for understanding and timely completing the requirements that apply to their service.

Directors must also become thoroughly familiar with the association’s governing documents. These generally include the declaration, articles of incorporation, bylaws, rules and regulations, and other controlling documents. Together, they establish the rights and responsibilities of the association, the board, and the membership—and define the boundaries of the board’s authority.

Just as importantly, directors should develop a working knowledge of the Florida Statutes applicable to their community. The governing documents explain how the particular association operates, while Florida law establishes requirements and limitations that the board must follow.

When the documents and the law appear to conflict—or when the proper course is unclear—the board should seek qualified legal guidance rather than make assumptions.

Effective directors continue learning about financial reporting, reserves, insurance, contracts, meetings, elections, recordkeeping, enforcement, and the respective roles of the board and management.

Laws change. Community needs evolve. Good practices improve. Continuing education helps directors make decisions with greater confidence, recognize when professional assistance is needed, and avoid preventable mistakes.

Education is not an admission that a director lacks knowledge. It is evidence that the director takes the responsibility of governing the community seriously.

Building Community

Board service is not limited to budgets, contracts, rules, and meetings. Directors also help shape the culture of the community.

Community events, volunteer activities, welcoming new residents, recognizing contributions, and communicating openly can strengthen relationships and create a greater sense of belonging.

Directors set an example through their conduct. Respectful communication, thoughtful listening, professionalism, and a willingness to work with others can influence the tone of the entire association.

People may not remember every motion the board approved—but they will remember whether they felt heard, respected, and informed.

What You Bring to the Community

Every director brings something valuable: professional experience, financial knowledge, technical expertise, communication skills, historical perspective, creativity, sound judgment, or simply a sincere desire to help.

You do not have to be the expert on every subject. A strong board benefits from different perspectives and from directors who are willing to listen, learn, and work together.

Your service can help protect property values, improve financial stability, preserve community assets, solve long-standing problems, and prepare the association for the future.

You can help the board move beyond reacting to today’s concerns and begin planning for tomorrow’s needs.

The Value of Your Service

Board service is not always easy. Some decisions will be difficult. Progress may take longer than expected. Meetings may occasionally run past the time everyone hoped to be home.

But there is something deeply rewarding about helping to care for a community.

As a director, you have the opportunity to protect the place people call home. You can help preserve the community’s property, strengthen its financial future, improve communication, solve meaningful problems, and create an environment where residents feel respected and connected.

Some of the most important results of your service may not be immediately visible. They may be found in the problem that was prevented, the project that was properly planned, the difficult decision that protected the association, or the financial preparation that placed the community in a stronger position for the future.

You may also experience the satisfaction of seeing a long-awaited improvement completed, watching neighbors come together at a community event, welcoming new residents, or knowing that your leadership helped restore confidence during a challenging time.

Along the way, you will learn. You will meet people you might not otherwise have known. You will develop new skills and gain a deeper understanding of your community—and perhaps more knowledge than you ever expected about roofs, pavement, landscaping, insurance, budgets, and reserve schedules.

Most importantly, you will know that you chose to participate. You stepped forward when your community needed people willing to listen, learn, lead, and serve.

A strong community does not happen by accident. It is built over time by people who care enough to contribute their judgment, experience, energy, and time. That is the opportunity of board service.

You do not need to know everything on your first day. You do not need to solve every problem yourself. You simply need to come prepared, ask thoughtful questions, listen respectfully, continue learning, and work with your fellow directors toward the good of the entire community.

Being a director is more than holding a position. It is an opportunity to practice leadership, demonstrate stewardship, and make a lasting difference in the place you and your neighbors call home.

Whether you are considering board service, beginning your first term, or have served for many years, you should be proud of your willingness to contribute.

Your service matters. Your leadership matters. And your community can be stronger because you chose to serve.

Condominium Elections: What Owners Should Expect

By Doug Jenkins

The Chapter 718 Process Explained Chronologically

Condominium elections follow a detailed process established by Chapter 718, Florida Statutes, applicable administrative rules, and the association’s governing documents.

For owners, the process may appear to be a series of notices, envelopes, forms, and deadlines. Each step, however, serves an important purpose: informing owners, providing candidates with an opportunity to run, protecting ballot secrecy, verifying voter eligibility, and producing results the community can trust.

This article follows the typical residential condominium election from the first notice through the announcement of results.

The procedures described here generally apply to residential condominium associations. Different requirements or exceptions may apply to certain associations, including timeshare condominiums, nonresidential condominiums, and associations containing 10 or fewer units that have properly adopted alternative election procedures.

Before the Notices Are Sent

The election process begins well before owners receive anything in the mail. The association must determine:

• The date of the annual meeting and election
• The number of board positions to be filled
• Which directors’ terms are expiring
• The length of the terms to be filled
• The list of owners entitled to vote
• The deadlines for notices, candidate submissions, and election materials
• The authorized methods for submitting ballots

The regular election occurs on the date of the annual meeting. The association’s bylaws should be reviewed to confirm the timing of the meeting, the size of the board, terms of office, and any provisions affecting candidate eligibility or election procedures.

Owners should not assume that every condominium follows the same annual calendar. The statutory deadlines are calculated backward from the association’s scheduled election date.

At Least 60 Days Before the Election: The First Notice

The association must send the first notice of election to each unit owner entitled to vote at least 60 days before the scheduled election.

The first notice may be provided as a separate association communication or included in another association mailing, delivery, electronic transmission, or regularly published newsletter.

Its central purpose is to tell owners:

• The date of the election
• That board positions will be filled
• How an eligible person may become a candidate
• Where the written notice of intent should be submitted
• The deadline for submitting that notice

An owner who may be interested in serving should not wait for the second notice. By the time the second notice arrives, the candidate deadline will have passed.

Owner action: When you receive the first notice, immediately record the election date and candidate-submission deadline. If you are considering running, review the instructions and governing documents promptly.

At Least 40 Days Before the Election: Candidate Notices Are Due

A unit owner or other eligible person who wants to become a candidate must give the association written notice of the intention to run at least 40 days before the scheduled election.

The notice is effective when it is received by the association—not simply when the candidate places it in the mail.

Owners should follow the delivery instructions in the first notice carefully and retain evidence showing that the notice was timely received. When a notice is personally delivered, the candidate should request and retain a written receipt.

The candidate must be eligible to serve at the time of the filing deadline. Eligibility can depend on Chapter 718 and the association’s governing documents. Statutory restrictions may apply to individuals who:

• Are delinquent in paying an assessment due to the association
• Have been suspended or removed by the Division of Florida Condominiums, Timeshares, and Mobile Homes
• Have certain felony convictions without the required restoration of civil rights
• Are co-owners seeking to serve simultaneously when the statutory exception does not apply
• Are affected by the statutory limitation on consecutive board service

Because eligibility questions can be fact-specific, a prospective candidate with a concern should seek clarification before the deadline rather than assume the issue can be corrected after ballots are prepared.

Owner action: Submit the written notice early enough to confirm receipt and resolve any eligibility question before the filing deadline.

At Least 35 Days Before the Election: Candidate Information Sheets Are Due

A candidate may provide the association with an information sheet to be distributed with the second election notice.

The candidate information sheet must be furnished at least 35 days before the election and may not exceed the permitted size. It may describe the candidate’s background, qualifications, experience, priorities, and reasons for seeking office.

The association distributes properly submitted candidate information sheets but is not responsible for their contents. The association may not edit or alter a candidate’s submission.

An effective information sheet should help owners understand:

• Why the candidate wants to serve
• What experience or perspective the candidate would bring
• How the candidate views the board’s governance role
• Whether the candidate is prepared to consider the entire community
• How the candidate approaches preparation, education, and collective decision-making

The information sheet should not promise outcomes that one director cannot independently deliver. Statements based primarily on personal attacks, rumors, or guarantees of specific results may reveal more about a candidate than intended.

Owner action: Candidates should prepare the information sheet before submitting the notice of intent. The five-day interval between the two deadlines passes quickly.

Between 34 and 14 Days Before the Election: The Second Notice Arrives

The association must provide the second notice of election not less than 14 days and not more than 34 days before the election.

The second notice is generally delivered with the annual-meeting notice and agenda. It also includes the election materials, which may include:

• The official ballot
• An inner envelope
• An outer return envelope
• Candidate information sheets
• Instructions for completing and returning the ballot
• Information regarding any authorized electronic or alternative voting method

The ballot must list the eligible candidates. Write-in candidates are not permitted in the regular statutory condominium election process.

Owners should read the entire package before marking or submitting anything. Election materials may look familiar from prior years, but assumptions create avoidable mistakes.

Owner action: Review the candidate materials, confirm the voting deadline, and follow the instructions provided for the method you choose to use.

Understanding the Paper Ballot Package

The traditional paper-ballot process uses two envelopes to verify voting eligibility while protecting ballot secrecy.

The ballot: Mark the ballot according to its instructions. Do not sign the ballot or place identifying information on it.

The inner envelope: Place the completed ballot inside the inner envelope and seal it. The inner envelope should not contain the owner’s name, unit number, signature, or other identifying markings. Its purpose is to separate the anonymous ballot from the information used to verify the voter. Only one ballot should be placed in each inner envelope.

The outer envelope: Place the sealed inner envelope inside the outer envelope and seal the outer envelope. Complete the information requested on the outside of the outer envelope. This generally includes the eligible voter’s name, the unit identification number, and the eligible voter’s signature.

The signature and unit information allow the impartial election committee to verify that the ballot came from an eligible voter. The committee performs that verification before the anonymous inner envelope is opened.

An unsigned outer envelope—or one signed by someone who is not shown as an eligible voter—may cause the ballot to be disregarded.

Owners of multiple units should follow the package instructions carefully. Each ballot must remain in its own inner envelope, even when the authorized procedure allows multiple inner envelopes to be returned within one properly completed outer envelope.

Owner action: Before returning the ballot, confirm that the ballot is inside the sealed inner envelope and that the outer envelope contains the required voter information and signature.

Returning the Ballot

Owners should use one of the voting methods authorized and explained by the association.

Depending on the association’s adopted procedures and applicable law, an owner may receive instructions for submitting a paper ballot, voting through an authorized online system, or using another permitted method.

Do not assume that sending a photograph, scan, ordinary email, portal message, or other communication constitutes a valid ballot. Follow the association’s instructions precisely.

Paper ballot envelopes must remain sealed until the election process permits them to be opened. Once a ballot has been received by the association, the owner generally may not withdraw or change it.

Owners should return election materials well before the deadline whenever possible. Waiting until the final day creates unnecessary risk from mail delays, delivery problems, or incomplete envelopes.

When Is an Election Not Required?

A contested election is required only when more eligible candidates submit timely notices of intent than there are board vacancies to be filled.

If the number of candidates is equal to or fewer than the number of available seats, balloting is not required. The qualified candidates generally become directors effective upon adjournment of the annual meeting. If seats remain unfilled, the remaining vacancies are addressed as provided by Chapter 718 and the association’s bylaws.

An uncontested election does not make the annual meeting unnecessary. The meeting may still be required for reports, owner votes, announcements, or other properly noticed business.

Election Day: Ballots Are Collected

The regular election occurs on the date of the annual meeting.

Eligible voters who have not already submitted ballots must be given an opportunity to vote in accordance with the authorized election procedures. Any paper ballot cast at the meeting must be handled through the required ballot and envelope process.

At the announced closing of balloting, the association stops accepting additional ballots. Owners should not assume they can arrive after the meeting begins and still vote. The election materials should be reviewed for the exact deadline and procedure.

Protecting Ballot Secrecy

After voter eligibility has been confirmed, the accepted outer envelopes are opened and separated from the sealed inner envelopes.

The anonymous inner envelopes are combined so that a particular ballot cannot be connected to the owner who submitted it. The inner envelopes are then opened, and the ballots are removed for counting.

This separation is why owners should never place identifying information on the ballot or inner envelope.

The 20% Participation Requirement

A quorum of the membership is not required to conduct the condominium board election. However, at least 20% of the eligible voters must cast ballots for the election to be valid.

This is different from the quorum that may be required to conduct other business at the annual meeting. The election may satisfy its 20% participation requirement even if the annual meeting lacks a quorum for other matters. Similarly, establishing a quorum for the annual meeting does not necessarily mean that enough ballots were cast to validate the election.

Owner action: Your ballot matters even when you believe a particular candidate is certain to win. Without sufficient participation, the election cannot be completed successfully.

Counting the Votes

The impartial committee counts the ballots in the presence of unit owners at the election meeting.

Condominium elections are decided by plurality. This means the candidates receiving the greatest number of votes fill the available seats.

A candidate does not need to receive a majority of all eligible votes unless some separate lawful provision requires otherwise. If three seats are available, for example, the three candidates receiving the highest vote totals are elected.

Owners must follow the ballot instructions and should not vote for more candidates than the number of available seats.

Announcing the Results

After the ballots are counted and the totals verified, the election results are announced.

The announcement identifies the candidates elected and may include the number of votes received by each candidate. The results become part of the association’s election records.

Newly elected directors generally begin serving as provided by Chapter 718 and the governing documents. An organizational meeting may then be held for the board to select officers and address other organizational matters.

Owners elect directors. The board generally selects the president, vice president, secretary, treasurer, and any other officers provided by the bylaws.

After the Election

Election records—including ballots and envelopes, whether counted or disregarded—must be preserved as association official records for the required period.

A challenge to the election process must be commenced within 60 days after the results are announced. Owners with a genuine concern should act promptly and preserve relevant notices, envelopes, correspondence, and other information.

Newly elected directors must also satisfy the certification and education requirements applicable to condominium board service. Election to the board is the beginning of the responsibility—not the completion of it.

Participation Protects the Process

Condominium elections are structured to provide notice, opportunity, secrecy, verification, and transparency. Those safeguards work best when owners read the materials, meet the deadlines, follow the instructions, and participate.

Whether you are becoming a candidate or simply casting a ballot, the election gives you a direct role in selecting the people who will help govern your community.

Your vote is more than a mark on a ballot. It is part of the community’s decision about who will be entrusted with its property, finances, responsibilities, and future.

Primary references: § 718.112(2)(d), Florida Statutes; Florida DBPR Office of the Condominium Ombudsman, Election Monitor Overview and Training, March 2026.

A Condominium Owner’s Election Checklist

Before submitting your ballot, confirm:

• I reviewed the election notice and instructions.
• I understand how and when my ballot must be submitted.
• I voted for no more than the permitted number of candidates.
• I did not sign or identify the paper ballot or inner envelope.
• I placed only one ballot in each inner envelope.
• I sealed the inner envelope.
• I placed the inner envelope inside the outer envelope.
• I entered the required name and unit information on the outer envelope.
• I signed the outer envelope.
• I returned the ballot before the deadline.



HOA Elections: Start with the Governing Documents

By Doug Jenkins

How Chapter 720 Elections Work

Florida condominium elections generally follow a detailed statutory schedule involving a first notice, candidate deadlines, a second notice, ballots, and a prescribed envelope process. Chapter 720 takes a different approach.

It establishes important baseline requirements for homeowners’ associations, but many of the actual election procedures are determined by the association’s governing documents.

That is why the first instruction for anyone considering becoming a candidate—or preparing to vote in an HOA election—is simple: Read the governing documents.

The declaration (CCRs), articles of incorporation, and bylaws work together with Chapter 720 to establish how the association is governed. Election procedures are most commonly found in the bylaws, although relevant provisions may appear elsewhere.

Starting with the governing documents does not mean that an association may disregard Florida law. A document provision that conflicts with a controlling statute may not be enforceable. It does mean that two HOAs located across the street from each other may conduct their elections differently and still comply with Chapter 720.

Before the Election Begins

The association should review its governing documents and identify:

• The date and location of the annual meeting
• The size of the board
• The number of positions to be filled
• The length of each term
• Whether terms are staggered
• Candidate eligibility requirements
• Whether candidates may be nominated in advance
• Whether nominations from the floor are permitted or required
• Whether proxies may be used
• Whether voting occurs by voice vote, show of hands, written ballot, secret ballot, mail-in ballot, or another authorized method
• The percentage required for a membership quorum
• The method used to determine the winning candidates
• The procedures for filling any remaining vacancies

Owners should not assume that a procedure used in another HOA—or even a procedure used by their association several years ago—automatically applies. The current governing documents and current law control.

The Annual Meeting

Chapter 720 requires an HOA to hold a meeting of its members annually for the transaction of proper association business.

If an election is required, it must generally be held at or in connection with the annual meeting, unless another procedure is authorized by the governing documents.

The bylaws should establish the time, date, and place of the annual meeting or provide a method for setting them. They should also explain how notice is given and what constitutes a quorum.

Unless the bylaws provide a lower number, Chapter 720 establishes a default membership-meeting quorum of 30% of the association’s total voting interests.

A proxy may count toward the quorum when proxies are permitted and properly completed. However, establishing a quorum and casting an election vote are not always the same act. Owners should follow the association’s instructions regarding both.

Notice of the Meeting and Election

The bylaws should explain how and when notice of the annual meeting must be provided.

If the bylaws do not establish a notice procedure, Chapter 720 supplies a default requirement: the association must provide actual notice of the membership meeting to parcel owners and members at least 14 days before the meeting. Notice may be mailed, delivered, or electronically transmitted as authorized.

Evidence that the notice requirement was satisfied must be documented by an affidavit and maintained in the association’s official records.

An HOA’s governing documents may require additional notice, an earlier notice, a nomination notice, a candidate form, a ballot package, or other election materials. Those document-based requirements are important and should not be ignored merely because Chapter 720 does not establish the same statewide 60-day and 40-day election calendar used for residential condominiums.

Owner action: Read every election communication when it arrives. Record all candidate and voting deadlines immediately.

Becoming a Candidate

Chapter 720 generally makes association members eligible to serve on the board, subject to statutory and governing-document restrictions.

The method for becoming a candidate depends heavily on the association’s election procedure. Some HOAs invite owners to submit candidate forms or nominations before the annual meeting. Others accept nominations at the meeting. Some use both methods.

Chapter 720 generally allows a member to nominate himself or herself at the meeting where the election is held. However, if the association’s election process allows candidates to be nominated in advance of the meeting, the association is not required to accept nominations at the meeting.

This distinction is important. An owner should not assume that waiting until the annual meeting will preserve the opportunity to run. If the governing documents or election procedure establish an advance nomination process, the owner must follow it.

Similarly, an owner should not assume that advance submissions eliminate meeting-day nominations unless the association’s governing documents and election process support that conclusion.

The association must also comply with any nomination requirements in its bylaws. If the bylaws require nominations from the floor, allowing advance nominations does not eliminate that requirement.

Owner action: Ask for the current nomination procedure in writing and submit all required materials before the stated deadline.

Candidate Eligibility

A candidate must satisfy the eligibility requirements established by Chapter 720 and any lawful requirements in the governing documents.

Chapter 720 restricts candidacy when a person is delinquent in paying any fee, fine, or other monetary obligation to the association on the day the person could last nominate himself or herself—or be nominated—for the board.

The statute also restricts individuals with certain felony convictions unless their civil rights have been restored for the required period.

Because the final nomination date may be established by the governing documents or election procedure, determining eligibility may require identifying the precise last date on which a candidate could lawfully be nominated.

A prospective candidate who is uncertain about eligibility should seek clarification before submitting a nomination or waiting for the annual meeting. Eligibility disputes are easier to address before ballots are prepared and votes are cast.

Candidate Information

Chapter 720 does not establish the same statutory candidate-information-sheet process used in residential condominium elections.

An HOA may nevertheless request candidate biographies, questionnaires, statements, photographs, or other information under its governing documents or election procedures.

Candidates should comply with the stated format, length, content, and submission deadline. A useful candidate statement should explain:

• Why the candidate wants to serve
• What experience or perspective the candidate would bring
• How the candidate understands the board’s role
• Whether the candidate is prepared to serve the entire community
• How the candidate approaches preparation, education, and disagreement

The statement should avoid promises that one director cannot independently fulfill. A director is one member of a governing body—not a candidate for individual control of the association.

Are Proxies Allowed?

Unlike the statutory process for residential condominium board elections, Chapter 720 does not generally prohibit proxy voting in HOA elections.

Members generally have the right to vote in person or by proxy unless Chapter 720 or the governing documents provide otherwise.

A valid proxy must satisfy applicable requirements. It must be dated, identify the meeting for which it is given, and be signed by the authorized person. A proxy applies to the specific meeting and any lawful adjournment and generally expires automatically 90 days after the original meeting date.

The governing documents may limit or prohibit proxy voting, establish the form to be used, or distinguish between election votes and other membership business.

A proxy used to establish a quorum may not necessarily authorize the proxy holder to cast every vote presented at the meeting. Owners should read the proxy carefully and understand the authority being granted.

Owner action: Do not use an old proxy or a form copied from another association. Use the form and instructions supplied or authorized for your HOA’s meeting.

Are Secret Ballots Required?

Chapter 720 does not impose a universal secret-ballot requirement on every HOA director election. Whether a secret ballot is used may depend on the governing documents and the association’s authorized election procedures.

Some associations vote in person at the annual meeting. Others use written ballots, proxies, secret ballots, advance voting, or a combination of authorized methods.

If the governing documents permit owners who are not present at the meeting to vote by secret ballot, Chapter 720 establishes an inner-and-outer-envelope process. Under that process:

• The completed ballot is placed inside an inner envelope.
• The inner envelope contains no identifying markings.
• The inner envelope is placed inside an outer envelope.
• The outer envelope identifies the member, lot or parcel, and contains the owner’s signature.
• The association verifies the owner’s eligibility before separating the unidentified inner envelope.
• The secret ballot is then combined with the ballots cast in person.

If more than one ballot is submitted for the same lot or parcel, the ballots for that property are disqualified. A ballot received after the close of balloting may not be counted.

Owners should not use a condominium ballot package as a model unless the HOA’s governing documents and election instructions establish that procedure.

When Is an Election Required?

An election is required only when more candidates are nominated than there are board vacancies.

If the number of qualified candidates equals the number of available seats, there is no contested election. The candidates generally begin serving without balloting.

If fewer candidates come forward than there are available seats, those qualified candidates may begin serving, and one or more positions may remain vacant.

When nominations from the floor are not required by Chapter 720 or the bylaws, write-in nominations are not permitted merely because fewer candidates than vacancies exist.

The qualified candidates may begin serving regardless of whether a quorum is attained at the annual meeting when the statutory requirements for an uncontested election are satisfied. Remaining vacancies are filled according to Chapter 720 and the bylaws.

Election Day

At the annual meeting, the association should follow the procedure established by its governing documents and election materials. Depending on those procedures, the meeting may include:

• Confirmation of the membership quorum
• Acceptance of any nominations permitted at the meeting
• Candidate introductions
• Distribution or collection of ballots
• In-person voting
• Verification of proxies
• Verification of advance or secret ballots
• Closing of the polls
• Counting and announcement of results
• Other annual-meeting business

Owners have the right to attend membership meetings and speak on matters opened for discussion or included on the agenda. Chapter 720 provides at least three minutes to speak on an item, subject to reasonable written rules governing the manner of participation.

Candidate speeches or owner comments do not replace the formal nomination requirements. A person who wants to become a candidate must comply with the association’s authorized nomination procedure.

Counting the Votes

The governing documents and election procedures should determine how ballots are collected, verified, and counted.

When secret absentee ballots are authorized, the association must first verify the identifying information on the outer envelope. The inner envelope is separated only after voter eligibility is confirmed.

The association should count only ballots submitted through an authorized method and received before balloting closes.

Unless the governing documents provide otherwise, directors are elected by a plurality of the votes cast by eligible voters. The candidates receiving the highest numbers of votes fill the available seats.

A plurality is not necessarily a majority. If three seats are available, the three candidates receiving the highest vote totals are generally elected, even if none receives more than half of all votes cast.

Announcing the Results

Once the votes have been counted and verified, the election results are announced.

The newly elected directors begin serving as provided by the governing documents and applicable law. The board may hold an organizational meeting to select its officers and address other organizational matters.

Owners elect the directors. The directors generally select the association’s officers. The owner who received the highest vote total does not automatically become president unless the governing documents contain an unusual provision producing that result.

Filling Vacancies

A vacancy may exist because:

• Too few candidates sought election
• A director resigned before completing the term
• A director became ineligible or abandoned the position
• A position was otherwise left unfilled

Unless the bylaws provide differently, a vacancy occurring before the end of a director’s term may generally be filled by an affirmative vote of the majority of the remaining directors—even when the remaining directors constitute less than a quorum or only one director remains.

The board may instead hold an election to fill the vacancy. If it does, the election must follow the governing documents. Unless the bylaws provide otherwise, the person appointed or elected fills the remainder of the unexpired term.

Vacancies created by a recall follow separate statutory procedures.

After the Election

A newly elected or appointed HOA director must complete the applicable board-education requirements within the statutory period. The new director should also:

• Read the declaration, articles, bylaws, rules, and current policies
• Learn the applicable provisions of Chapter 720
• Understand the difference between governance and management
• Review current financial reports, contracts, projects, and major issues
• Disclose potential conflicts of interest
• Learn the board’s meeting and communication procedures
• Recognize that authority belongs to the board acting collectively

Winning the election provides the opportunity to serve. It does not provide individual authority to act for the association.

Challenging an Election

Any challenge to the HOA election process must be commenced within 60 days after the results are announced.

An election dispute between a member and the association may be submitted to binding arbitration with the Division or filed in a court of competent jurisdiction.

Owners who believe a material irregularity occurred should preserve the relevant notices, governing-document provisions, ballots or proxy information available to them, correspondence, and other supporting records. Concerns should be addressed promptly rather than after the challenge period has passed.

The Documents Create the Roadmap

Chapter 720 establishes important protections and default requirements, but it does not create one identical election process for every homeowners’ association. That flexibility makes the governing documents especially important.

Owners who read the notices, understand the bylaws, meet nomination deadlines, complete proxies and ballots properly, and participate in the annual meeting help protect both their own voting rights and the integrity of the community’s election.

In an HOA election, the most reliable answer to “How does our process work?” often begins in the same place: Let’s read the governing documents.

Primary references: § 720.306, Florida Statutes; § 720.3033, Florida Statutes.

An HOA Owner’s Election Checklist

Before the annual meeting and election, confirm:

• I reviewed the association’s current governing documents.
• I understand how candidates are nominated.
• I know whether advance nominations are accepted or required.
• I know whether nominations may be made at the meeting.
• I understand the candidate eligibility requirements.
• I know the date, time, and location of the annual meeting.
• I know whether a proxy may be used and what authority it grants.
• I understand the voting method authorized by the association.
• I know whether the election uses an in-person, written, secret, advance, or other authorized ballot.
• I followed the association’s instructions rather than relying on another community’s process.
• I submitted my proxy or ballot before the applicable deadline.
• I understand how the winning candidates will be determined.



DBPR – Department of Business and Professional Regulation

• CTMH Board Certification Online Course
• Homeowners' Associations - Statutes and Rules

I Was Elected—Now What? The First Steps in Becoming an Effective Director

By Doug Jenkins

The ballots have been counted, the results have been announced, and your neighbors have entrusted you with a seat on the board. Congratulations. Now the real learning begins.

New directors sometimes feel pressure to arrive with immediate answers, a list of changes, or a fully developed plan for the community. That is rarely necessary—and may not be helpful. Your first responsibility is to understand the association, the role of the board, and the decisions already in progress.

A strong beginning is not measured by how quickly you take charge. It is measured by how thoughtfully you prepare to serve.

Confirm When Your Service Begins

The association should confirm when the newly elected board takes office. The answer may depend on applicable law and the association’s governing documents.

In a typical residential condominium election, newly elected directors generally assume their positions when the election results are announced and the annual meeting concludes. When the number of eligible candidates does not exceed the number of open seats, the candidates generally become directors effective upon adjournment of the annual meeting.

Homeowners’ association procedures may vary because Chapter 720 relies heavily on the association’s governing documents. A new HOA director should review the bylaws and election materials to determine when the term officially begins.

The distinction matters. A candidate does not exercise board authority merely because voting has started or the outcome appears certain. The prior board remains responsible until the new directors’ terms begin.

Remember: You Were Elected as a Director

Owners ordinarily elect directors to the board. They do not necessarily elect the president, vice president, secretary, or treasurer. Those officer positions are typically filled by the board after the directors have been elected, subject to the association’s governing documents. This distinction is important:

• Directors collectively govern the association and vote on board decisions.
• Officers perform particular responsibilities assigned by the bylaws, the board, and applicable law.
• An officer title does not ordinarily give one person greater voting power than another director.
• The president is not the “boss” of the other directors.
• The treasurer does not personally own or control the association’s funds.
• The secretary is not expected to perform every administrative task alone.

A person may be both a director and an officer, but the two roles are not the same.

Attend the Organizational Meeting

After the election, the new board will ordinarily hold an organizational meeting. Depending on the governing documents and the notice provided, it may occur shortly after the annual meeting or at a separately scheduled board meeting. The organizational meeting commonly includes:

• Confirming the members of the new board
• Selecting officers
• Establishing signing authority
• Confirming authorized banking representatives
• Reviewing committee appointments
• Confirming the regular board meeting schedule
• Addressing immediate transition items
• Identifying upcoming deadlines and projects
• Confirming who will receive and retain required director certificates

The organizational meeting is a board meeting and should be noticed and conducted in accordance with applicable law and the governing documents. The board should not assume that it may simply conduct unannounced business because all directors happen to be present after the election.

Selecting the Officers

Before selecting officers, the directors should review the bylaws. The bylaws may identify the required positions, describe their duties, establish eligibility requirements, and explain how and when officers are chosen.

Florida’s Not For Profit Corporation Act provides that a corporation has the officers described in its articles or bylaws. If those documents do not provide a selection process, officers are elected or appointed annually by the board. One person may hold more than one office unless the governing documents provide otherwise. See Section 617.0840, Florida Statutes.

For condominium associations, if the bylaws do not provide otherwise, the board must have a president, secretary, and treasurer. The board may appoint other officers unless the bylaws prohibit it. See Section 718.112(2)(a), Florida Statutes.

Officer selection should be based on the needs of the association and the abilities of the directors—not on assumptions about status or seniority.

President: The president commonly presides at meetings, helps the board maintain an orderly process, and signs authorized documents. The president may act as an important point of communication, but does not independently control the association.

Vice President: The vice president generally performs the president’s duties when the president is unavailable and may accept additional responsibilities assigned by the board.

Secretary: The secretary is associated with meeting minutes, notices, corporate records, and the authentication of association documents. Many administrative tasks may be performed by management or another authorized person, but the secretary retains an important oversight role.

Treasurer: The treasurer helps the board oversee budgets, financial reports, banking controls, assessments, expenditures, reserves, and other financial matters. The treasurer is not required to be the board’s accountant and should not act as the sole controller of association funds.

The exact duties of every officer should be confirmed by reviewing the bylaws, adopted policies, management agreement, and established association practices.

Understand Collective Authority

One of the most important lessons for a new director is also one of the simplest: An individual director does not have the authority of the board.

Board authority is exercised collectively through decisions made at properly noticed meetings. A director may ask questions, request that an item be considered, express an opinion, and cast a vote. A director generally may not independently:

• Direct the manager or association employees
• Hire or terminate a contractor
• Commit association funds
• Promise a particular outcome to an owner
• Waive a rule or assessment
• Authorize repairs
• Negotiate on behalf of the association
• Speak for the board without authorization

Even the president ordinarily acts within authority granted by the board, governing documents, or applicable law.

This does not make an individual director powerless. It makes the director part of a governing body. The ability to listen, persuade, collaborate, and exercise sound judgment is more important than the ability to issue instructions.

Obtain and Read the Governing Documents

Every new director should receive access to the association’s current governing documents, including:

• Declaration of condominium or declaration of covenants
• Articles of incorporation
• Bylaws
• Rules and regulations
• Current written policies
• Recorded amendments
• Applicable resolutions
• Frequently used forms and procedures

Read them carefully. Do not rely only on summaries, past practice, or statements beginning with, “We have always done it this way.”

The governing documents explain how authority is divided, what responsibilities belong to the association, what rights belong to the owners, how meetings are conducted, and what limitations apply to the board.

Questions should be identified and discussed with management or association counsel when appropriate. A director is not expected to interpret every provision alone, but should know where the association’s authority comes from before voting to exercise it.

Learn the Law That Applies to Your Community

The governing documents are only part of the association’s legal framework.

Florida condominium directors should become familiar with Chapter 718, Florida Statutes, and the related administrative rules. Homeowners’ association directors should become familiar with Chapter 720. Most incorporated associations should also understand that Chapter 617, the Florida Not For Profit Corporation Act, may apply when it does not conflict with the more specific association statute.

Other laws may also affect records, fair housing, employment, insurance, construction, collections, accessibility, and corporate governance.

A director does not need to memorize every statute. The goal is to recognize when a legal requirement may apply and when the board should seek qualified advice.

Complete the Required Education

Education is not merely a best practice. Florida law establishes specific education requirements for directors of residential condominium and homeowners’ associations.

Condominium directors: A newly elected or appointed residential condominium director must complete the required educational curriculum and submit the completion certificate to the association’s secretary. The director must also provide the required written certification concerning the association’s governing documents, policies, and fiduciary responsibility. These items must be submitted within one year before election or appointment or within 90 days afterward. The initial educational curriculum must be at least four hours long. One year after submitting the most recent certificates, and annually thereafter, the director must complete at least one hour of continuing education addressing recent changes to Chapter 718 and the related administrative rules. Failure to submit the required documentation on time results in suspension from board service until the director complies. See Section 718.112(2)(d)5.b., Florida Statutes.

Homeowners’ association directors: A newly elected or appointed HOA director must complete the department-approved educational curriculum within 90 days of election or appointment and submit the completion certificate to the association. The certificate is valid for up to four years, and the new-director education must be completed at least once every four years. HOA directors also have annual continuing-education requirements: at least four hours annually for an association with fewer than 2,500 parcels, and at least eight hours annually for an association with 2,500 parcels or more. A director who does not timely file the educational certificate is suspended from the board until the requirement is satisfied. See Section 720.3033(1), Florida Statutes.

Do not wait until the 90th day. Complete the required education early so it can help you understand the responsibilities you have already accepted.

Ask for a Board Orientation

A thoughtful orientation can shorten the learning curve and reduce avoidable confusion. The board or manager should help new directors understand the association’s current position. A useful orientation may include:

• Current board roster and officer responsibilities
• Management agreement and points of contact
• Current budget and recent financial reports
• Reserve funding or reserve study information
• Insurance policies and upcoming renewals
• Active contracts
• Pending projects and major repair needs
• Open legal or collection matters, subject to confidentiality
• Current committees and committee assignments
• Meeting calendar and annual planning deadlines
• Banking and payment-approval procedures
• Official-records procedures
• Emergency response responsibilities
• Current owner concerns and unresolved board matters

The purpose is not to overwhelm the new director with every association record. It is to provide enough context to participate responsibly in upcoming decisions.

Understand the Financial Picture

Even if you are not the treasurer, every director shares responsibility for the association’s financial decisions. Begin by reviewing:

• The current operating budget
• Recent balance sheets and income statements
• Budget-to-actual reports
• Assessment collections and delinquencies
• Reserve accounts and planned expenditures
• Major contracts
• Insurance costs
• Pending capital projects
• Existing loans or other obligations
• Financial controls and approval procedures

Ask how the figures were developed, what assumptions were used, and what significant expenses may be approaching.

You do not need to become an accountant. You do need to understand enough to make informed decisions and recognize when additional explanation is necessary.

Learn How the Board Communicates

Ask how directors receive board packets, financial reports, owner correspondence, professional advice, and emergency notifications. Also clarify appropriate email practices.

Directors may communicate for informational purposes, but association decisions should be made at properly noticed meetings—not through informal email chains, text messages, or private discussions. Condominium directors may use email to communicate but may not cast votes on association matters by email.

A practical communication protocol helps prevent confusion about who may contact management, how requests are routed, when the entire board should be copied, and what information belongs in the association’s official records.

Disclose Potential Conflicts Early

New directors should identify any personal, family, professional, or financial interests that could intersect with association business.

A possible conflict does not always mean the association is prohibited from considering a matter. It does mean the issue should be disclosed and handled in accordance with applicable law and the governing documents.

Do not wait until the board is preparing to vote. Early disclosure allows the board to obtain advice, follow the required procedure, and protect the integrity of the decision.

Listen Before Trying to Change Everything

New directors often bring valuable energy and fresh ideas. That perspective should be welcomed. At the same time, an unfamiliar decision or practice may have a history that is not immediately apparent. Before concluding that something makes no sense, ask:

• Why was this approach adopted?
• What problem was the board attempting to solve?
• Is there a contractual or legal requirement involved?
• Has professional advice already been obtained?
• What alternatives were previously considered?
• What would it cost to change direction?
• Is the current process written in a policy or simply a past practice?

Listening does not require accepting every explanation or preserving every prior decision. It provides the context needed to distinguish between a practice that should change and one that exists for a sound reason.

Your First 30 Days

During the first month of service, a new director should aim to:

• Confirm the beginning and length of the term
• Attend the organizational meeting
• Understand any officer position accepted
• Obtain the complete governing documents
• Enroll in the required director education
• Submit all required certificates on time
• Review the current budget and financial reports
• Learn the board’s meeting and communication procedures
• Review pending contracts, projects, and major deadlines
• Understand the association’s management structure
• Identify and disclose potential conflicts
• Ask questions before casting unfamiliar votes
• Begin building productive working relationships with fellow directors

You Do Not Have to Know Everything on Day One

Election to the board does not transform an owner into an expert overnight. It creates an obligation to become informed.

Your neighbors did not elect you because they expected perfection. They elected you because they believed you had something worthwhile to contribute.

Bring that contribution to the board with humility. Read the materials. Complete the education. Learn the documents. Ask questions. Listen to the people who have been carrying the work. Respect the limits of individual authority, and participate fully in the decisions entrusted to the board.

The election placed you in the chair. What you learn, how you work with others, and the care you bring to each decision will determine what you accomplish from it.

Please Share This Edition with Your Community

This special edition of the Board Governance Review was created to help owners understand board service, participate confidently in association elections, and consider stepping forward to serve. Please share it with your community.

Board members with questions about an upcoming election, notice requirements, or the certification deadlines for new directors can reach their Condominium Associates community manager at any time.