Electronic Voting

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Modified: June 30, 2025

Article

Condominium & Cooperative Associations

CS/CS/HB 913

 

Electronic Voting

pp. 102–105; §718.128, F.S.

 

Removes the requirement that written notice of certain meetings must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property or association property at least 14 days before such meetings.

 

Removes the related requirement that evidence of compliance with the 14-day notice must be made by an affidavit executed by the person providing the notice and filed with the official records of the association.

 

Creates an alternative method for an association to use electronic voting, in addition to the methods already allowed in §718.128, F.S. Under the bill, if at least 25 percent of the voting interests of a condominium 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 that resolution.

 

Requires, as a prerequisite, that the board receive such petition within 180 days after the date of the last scheduled annual meeting.

 

Requires an association to designate an email address for receipt of electronically submitted ballots, unless the association has adopted electronic voting in accordance with the other provisions of §718.128, F.S.

 

Allows a unit owner to electronically transmit a ballot to the email address designated by his or her association without complying with §718.112(2)(d)2., F.S., or the rules providing for the secrecy of ballots adopted by the Division.

 

Requires an association to count completed ballots that are electronically transmitted to the designated email address, provided the completed ballot is valid under the provisions of the bill.

 

Requires a unit owner to transmit his or her ballot to the email address designated by his or her association no later than the scheduled date and time of the meeting during which the matter is being voted on.

 

Creates a rebuttable presumption that an association has reviewed all folders associated with the email address designated by the association to receive ballots if a board member, an officer, an agent of the association, or a licensed CAM provides a sworn affidavit attesting to such review.

 

Under the bill, a ballot that is electronically transmitted 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

  • The following statement in capitalized letters and in a font size larger than any other font size used in the email from the association to the unit owners: WAIVING THE SECRECY OF YOUR BALLOT IS YOUR CHOICE. YOU DO NOT HAVE TO WAIVE THE SECRECY OF YOUR BALLOT IN ORDER TO VOTE. BY TRANSMITTING YOUR COMPLETED BALLOT THROUGH EMAIL TO THE ASSOCIATION, YOU WAIVE THE SECRECY OF YOUR COMPLETED BALLOT. IF YOU DO NOT WISH TO WAIVE YOUR SECRECY BUT WISH TO PARTICIPATE IN THE VOTE THAT IS THE SUBJECT OF THIS BALLOT, PLEASE ATTEND THE IN-PERSON MEETING DURING WHICH THE MATTER WILL BE VOTED ON.

 

Effective date: July 1, 2025, unless otherwise provided in the bill.

Chapter No. 2025-175, LOF