HOA Election Disputes · Florida Chapter 720
Florida HOA Election Dispute Attorney
HOA board elections in Florida are governed by strict procedural requirements. When boards manipulate elections, improperly reject candidates, or refuse to hold required elections, Florida law provides remedies — including mandatory arbitration and court intervention. The Dempsey Law Firm protects Florida homeowners' voting rights.
HOA Elections- Board Recall - Chapter 720
Control of an HOA board means control over assessments, rules enforcement, vendor contracts, and tens of thousands — sometimes hundreds of thousands — of dollars in community funds. It's no surprise that HOA board elections are sometimes contentious, and sometimes manipulated. Florida's Homeowners' Association Act imposes detailed procedural requirements on HOA elections, and provides homeowners with the right to challenge improper elections through mandatory arbitration.
Florida HOA Election Requirements Under Chapter 720
Florida Statute §720.306 and Florida Administrative Code Rule 61B-23.0021 establish strict requirements for HOA elections, including:
Written notice of the election must be mailed or delivered to all members at least 14 days before the election meeting
Candidates must be given the opportunity to include an information sheet in the notice mailing
Ballots must be mailed or delivered to all eligible voting members
Elections must be conducted by secret ballot — oral votes at a meeting are not permitted for board elections
An impartial committee must inspect and count the ballots — board members and candidates cannot count their own election ballots
Ballots must be retained by the association for one year after the election
A candidate who is current on assessments and not otherwise disqualified under the governing documents cannot be improperly excluded from the ballot
Common HOA Election Violations
Failing to provide proper written notice of the election
Improperly excluding eligible candidates from the ballot
Allowing board members to count their own election ballots
Failing to conduct the election by secret ballot
Delaying or refusing to hold a required annual election
Invalidating valid ballots without proper authority
Using association resources to campaign for incumbent board members
How to Challenge an HOA Election in Florida
Under Florida Statute §720.311 and Florida Administrative Code Rule 61B-80, disputes about HOA elections must be submitted to mandatory non-binding arbitration through the Florida Division of Condominiums, Timeshares, and Mobile Homes before a lawsuit can be filed. A petition for arbitration must be filed within 60 days of the date the election results were announced — missing this deadline may bar your challenge entirely.
The arbitration process involves submitting a written petition, evidence of the alleged violations, and participating in a hearing before a state arbitrator. The arbitrator's decision is non-binding — either party can reject it and proceed to court — but the decision significantly affects the legal landscape of any subsequent litigation.
60-Day Deadline to Challenge HOA Elections
The petition for arbitration to challenge an HOA election result must be filed within 60 days of the announcement of the election results. This is a hard deadline. If you believe your HOA's board election was conducted improperly, contact an attorney immediately — do not wait until the deadline approaches.
Recalling an HOA Board Member in Florida
Between elections, homeowners have the right to recall board members who are not properly serving the community. Under Florida Statute §720.303(10), a board member may be recalled by:
A written recall agreement signed by a majority of the total voting interests (not just those present at a meeting)
A vote at a special recall meeting called for that purpose
The recall petition or recall vote results must be presented to the board. If a majority of the board members are being recalled simultaneously, or if the board fails to certify a valid recall, the matter can be submitted to the Florida Division of Condominiums for arbitration. The recall process has specific procedural requirements — errors in the process can invalidate an otherwise valid recall.
When the Board Refuses to Hold an Election
Some HOA boards — particularly those that have been self-perpetuating for years without proper elections — refuse to hold required annual elections. Florida law requires HOAs to hold elections for board seats at least once per year when terms expire. A board that refuses to hold a required election is violating Chapter 720 and can be compelled to do so through the Division of Condominiums arbitration process or through circuit court.
HOA Election Problem? Act Quickly.
The 60-day arbitration deadline for HOA election challenges is strict. The Dempsey Law Firm handles HOA election disputes throughout Florida. Free consultation — call today.
Frequently Asked Questions — HOA Election Disputes
How long do I have to challenge an HOA election result in Florida?
You have 60 days from the date the election results were announced to file a petition for mandatory arbitration with the Florida Division of Condominiums, Timeshares, and Mobile Homes. This is a hard deadline — missing it will likely bar your ability to challenge the election result. If you believe an HOA election was conducted improperly, contact an attorney immediately after the results are announced.
Can an HOA exclude a candidate from the ballot in Florida?
HOA boards have limited grounds to exclude a candidate from the ballot. Generally, a candidate who is current on their assessments and not otherwise disqualified under the governing documents cannot be improperly excluded. Common grounds for exclusion that may be specified in the governing documents include being a convicted felon, being employed by the association, or having certain conflicts of interest. Improperly excluding an otherwise eligible candidate is an election violation that can be challenged through arbitration.
Must HOA board elections be conducted by secret ballot in Florida?
Yes. Florida law requires HOA board elections to be conducted by written secret ballot — oral votes at a meeting do not satisfy the statutory election requirements. Ballots must be mailed or delivered to all eligible members, and must be inspected and counted by an impartial committee that does not include board members or candidates. An election conducted by a show of hands or oral vote at a meeting is invalid under Florida law.
How do I recall an HOA board member in Florida?
Under Florida Statute §720.303(10), you can recall a board member by obtaining written recall agreements signed by a majority of the total voting interests, or by a majority vote at a special recall meeting. The results must be presented to the board. If the board fails to certify a valid recall, the matter goes to arbitration through the Florida Division of Condominiums. The recall process has specific procedural requirements — an attorney should guide the process to ensure it withstands a legal challenge.
What if my HOA hasn't held board elections in years?
Florida law requires HOA boards to hold elections for board seats when terms expire — typically annually. An HOA that refuses to hold required elections is violating Chapter 720. Homeowners can file a petition for arbitration with the Florida Division of Condominiums to compel the association to hold a proper election, or can seek relief directly from a Florida Circuit Court. Document the association's failure to hold elections in writing and consult an attorney about the appropriate remedy.