New Florida Condo Association Voting Rules: What Board Members and Community Managers Need to Know

Florida’s condominium association election laws continually evolve and a new 2025 statutory update (specifically a new provision in Fla. Stat. 718.128) brings important changes to how communities must handle electronically transmitted ballots. Not only are these updates technical, but they also directly affect how condo owners vote, how ballots are counted, and how associations run fair, legally compliant board elections.

Here’s a breakdown of what Florida condominium community association boards and property managers need to know along with several best practices.

Electronic Voting vs. Email Ballots: What’s the Difference?

Florida law already allows condominium associations to adopt full electronic voting systems. These are secure platforms where owners log in, vote online, and maintain ballot secrecy. But many associations have not adopted these systems. The new amendment fills that gap by creating a new category: Email-Submitted Ballots (or E-Ballots).

If your association does not use an approved electronic voting system, you must:

• Designate an email address specifically for receiving e-mailed ballots
• Accept and count properly completed ballots submitted to that email address
• Follow new procedures about formatting, timing, review, and ballot secrecy

These requirements ensure owners still have an opportunity to vote electronically, even if the association hasn’t adopted a full electronic voting system.

What Must Owners Include in an E-Ballot?

Under the new law, emailed ballots must include:

• Unit number
• Owner’s typed first and last name (this typed name functions as the owner’s signature)
• A mandatory statement in capitalized, larger font notifying the owner that emailing their ballot waives ballot secrecy

The secrecy notice must appear exactly as required by statute. Importantly, the law reinforces that owners still have choices including emailing their ballot (waiving secrecy) or voting in person (keeping secrecy intact. This protects transparency while ensuring owners are fully informed.

Email-Submitted Ballots Secrecy

One of the biggest changes is how Florida now treats ballot secrecy for e-mailed ballots. By emailing a completed ballot, owners voluntarily waive secrecy. Florida condominium associations must clearly communicate this to residents, especially during:

• Annual meetings
• Board member elections
• Recall votes
• Special assessments
• Amendment votes

During election season, this is especially important. Board members and community association managers must ensure communications are clear so owners understand their voting options and privacy rights.

Deadline for Email-Submitted Ballots Submission

E-mailed ballots must be received no later than the start time of the meeting where the vote will occur. Late ballots do not count. A few best practices for boards and managers include:

• Adding the submission deadline in all notices
• Confirming the designated ballot email address is correct
• Monitoring the inbox leading up to the meeting

Associations Must Properly Review the Ballot Email Inbox

To prevent disputes, the law adds a new safeguard. There is now a rebuttable presumption that the association reviewed all ballot emails if a board member, an officer, a licensed community association manager, or an authorized agent provides a sworn affidavit confirming that all email folders (ex. spam, junk, and other filters) were reviewed.

This protects the association and helps eliminate challenges from owners who may claim their email ballot was overlooked.

Why Do These Changes Matter During Board Association Elections?

These legal updates may seem procedural, but they can have several practical impacts during election season. Condominium owners who cannot attend in-person meetings now have a simple e-mail option allowing them to participate. E-ballots may lead to higher owner turnout and better engagement. Clear rules about ballot submission and deadlines should also help prevent challenges, accusations of misconduct, or requests for election do-overs.

To stay legally compliant and avoid election disputes, board members should consider working with their association’s attorney to:

• Update annual meeting notices to reflect the new e-ballot option
• Confirm a dedicated email address is set up solely for ballot submissions
• Create templates with the required statutory language already included
• Train board members and managers on reviewing email folders before counting ballots
• Ensure notices, instructions, and ballot formats comply with the new requirements

Legal Resource

Florida’s new e-ballot rules aim to make voting more accessible for condominium association members while preserving transparency and fairness. For condo associations that have not yet adopted full electronic voting, these changes provide a clear pathway for owners to participate via email while also establishing new legal requirements for boards and property managers.

By updating your procedures proactively and communicating clearly with residents, especially during association elections, boards can reduce confusion, improve participation, avoid owner disputes, and maintain a smooth, compliant voting process.

If you are Florida community association board member, property manager, or community association leader with questions about these recent legislative updates, do not hesitate to contact our law firm.

Please call 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

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