Condominium associations throughout Florida may now find it easier to adopt and implement electronic voting procedures, thanks to recent legislative changes. House Bill 913 (HB 913), signed into law and effective July 1, 2025, amends key provisions of Fla. Stat. §718.128, the statute governing online voting for condominium associations.
Prior to this amendment, associations seeking to authorize electronic voting were required to adopt a board resolution in compliance with the statute, and provide at least 14 days’ written notice of the board meeting at which the resolution would be considered.
HB 913 removes the 14-day notice requirement for the board meeting to adopt a resolution to implement electronic voting. This simple modification offers associations greater procedural flexibility, allowing them to convene and act more efficiently, while still ensuring that proper procedures are followed for member consent and system integrity.
Under the amended statute, the following procedures and requirements apply:
- Associations may conduct elections and other unit owner votes through an Internet-based online voting system, provided that unit owners affirmatively consent in writing or electronically.
- Associations must adopt a board resolution establishing the use of electronic voting and setting forth:
- Procedures for unit owners to opt in and opt out;
- Reasonable deadlines for consent/revocation;
- Methods of notice and vote authentication.
- The 14-day advance notice requirement for the board meeting to adopt the resolution is eliminated as of July 1, 2025.
- Subsection (7) introduces a new provision permitting voting via email ballots, but this subsection does not apply to associations that adopt electronic voting via the online voting system procedures outlined in subsections (1) through (6) of the statute.
These procedural changes streamline the process for boards seeking to modernize their voting practices while maintaining essential safeguards.
However, for associations that do not take this route, a separate framework now exists under newly enacted subsection (7). If an association chooses not to adopt an electronic voting system pursuant to subsections (1) through (6) of §718.128, it will instead be subject to the new procedures outlined in subsection (7). This subsection, introduced by HB 913, authorizes voting by email ballot in certain situations—but imposes strict procedural safeguards to ensure integrity and accountability. Specifically, subsection (7) requires that:
- A notice of the meeting and the email ballot must be sent to each unit owner who has provided written consent to receive notices by email;
- The email ballot must:
- Clearly state each issue to be voted on;
- Specify how to return the completed ballot (e.g., reply email, secure portal);
- Indicate the deadline by which the vote must be received;
- The association must authenticate the identity of each voting unit owner, and must maintain the ballots in compliance with statutory recordkeeping requirements.
Additionally, and most importantly, the association must include a prominent waiver statement in the meeting notice or in a document included with the notice. This statement must clearly disclose that by casting a vote via email the unit owner waives the right to a secret ballot, and the vote will be identifiable to the association (i.e., not anonymous).
Associations utilizing this method must ensure rigorous compliance, as failure to adhere to these procedures could render the vote invalid. By contrast, adopting a formal electronic voting system via board resolution under the traditional framework of §718.128—offers a more established and secure process for both the association and its members.
Associations interested in adopting electronic voting should:
- Schedule a board meeting on or after July 1, 2025 to adopt a resolution;
- Review and distribute the proposed resolution and consent/revocation forms to the membership;
- Ensure the selected electronic voting provider complies with statutory requirements for identity authentication, vote secrecy, and recordkeeping;
- Communicate clearly with owners about their rights and options.
Our office can assist with the preparation of a resolution, necessary consent forms and meeting notices that comply with the amended statute. We are available to assist your association in seamlessly transitioning to electronic voting in full compliance with Florida law.
For additional guidance or to request draft materials, please contact our office. We are pleased to support your association in modernizing its voting procedures while remaining compliant and transparent.
