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Notice and Eligibility Requirements for HOA Elections

October 19th, 2018

Posted in Condominium & Homeowner Association Law

With the nonstop political advertisements on television you have probably figured out that Election Day, November 6, 2018, is right around the corner for the general election.  Homeowner’s Associations, Condominium Owners Associations, and Cooperatives also generally run elections for the board of directors of the association around this time of year.

Notice Requirements

For an HOA, the bylaws of the association will oftentimes outline the election procedures and requirements for giving notice of the annual meeting where elections generally occur.  However, if the bylaws are silent as to these procedures, the Homeowners’ Association Act, Chapter 720 of the Florida Statutes, provides default procedures.  Section 720.306 of the Florida Statutes provides that actual notice shall be mailed, delivered, or electronically transmitted to the members no less than 14 days prior to the annual meeting.  In addition, Associations are required to execute an affidavit evidencing compliance with the 14-day notice requirement and retain the affidavit in their official records.

Eligibility Requirements

In order for a candidate to be eligible, an association member must not be delinquent in the payment of any monetary obligation to the association or convicted of a felony (or an offense in another jurisdiction which would be considered a felony in Florida), unless their civil rights have been restored for at least 5 years.  Further, a board member who becomes more than 90 days delinquent in the payment of a monetary obligation to the Association is deemed to have abandoned his or her seat on the board, thus creating a vacancy.  When a vacancy arises on the board of directors, the remaining board members may appoint a director to serve for the remaining unexpired term of their predecessor, unless the bylaws require otherwise.

If an association or member has any questions regarding election procedures or eligibility to serve on the board of directors or needs assistance or advice in complying with these provisions, they should contact their attorney.

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