Legal News You Can Use: 2025 - 2026 Community Association Legislative Update

2025-2026 COMMUNITY ASSOCIATION LEGISLATIVE UPDATE

Electronic Voting (Section 718.128 of the Florida Statutes)

The Condominium Act permits associations to conduct elections and other unit owner votes through an internet-based online voting system if the board adopts a resolution authorizing its use. This system is commonly known as “electronic voting.”The new laws modify the procedures governing electronic voting as follows:

» The new legislation removes the prior requirement for associations to provide at least 14 days’ notice to unit owners before holding a board meeting to adopt a resolution for electronic voting. ▪ Note – This means that the board may now adopt such a resolution at a regular board meeting using the standard notice procedures, which generally only require posting the meeting notice on condominium property at least 48 hours in advance. » If at least 25% of the voting interests of an association petition the board to adopt a resolution for electronic voting for the next scheduled election, the board must hold a meeting within 21 days after receipt of the petition to adopt such resolution. The board must receive the petition within 180 days after the date of the last scheduled annual meeting. ▪ Note – This is the first time that the Condominium Act has provided a formal process for unit owners to initiate the consideration of electronic voting. ▪ Note – It is debatable whether the statute’s specific wording actually requires the board to approve or implement electronic voting upon receipt of such a petition. However, the intent of the statute is likely to impose that requirement. In addition, the Condominium Act now permits unit owners to submit electronic ballots outside of the traditional electronic voting system (where unit owners vote by logging onto a third-party website). The procedures for submitting such electronic ballots are as follows: » An association must designate an e-mail address for

receipt of electronically transmitted ballots, unless it has adopted an electronic voting system. » A unit owner may electronically transmit a ballot to the e-mail address designated by the association without complying with the statutes or the rules providing for the secrecy of ballots. » A ballot that is electronically transmitted to the association must include all of the following: ▪ A space for the unit owner to type in his or her unit number; ▪ A space for the unit owner to type in his or her first and last name, which also functions as the signature of the unit owner for purposes of signing the ballot; and ▪ A statutory disclaimer stating that the unit owner waives ballot secrecy by voting via e-mail. The disclaimer must be written in capitalized letters and in a font size larger than any other font size used in the e-mail from the association to the unit owner. » A unit owner must transmit their completed ballot to the e-mail address designated by the association no later than the scheduled date and time of the meeting during which the matter is being voted on. » The association must count completed ballots that are electronically transmitted to the designated e-mail address, as long as the completed ballots comply with the foregoing requirements. » There is a rebuttable presumption that an association has reviewed all folders associated with the e-mail address designated by the association to receive ballots — continued on next page

6 | Kopelowitz Ostrow Ferguson Weiselberg Gilbert