Issues · Issue #3
Election Day checklist: how a Florida condo board election runs, step by step
Issue #3: DBPR's election checklist against current law, plus Amendment 3 and DBPR's contractor sweep

Informational, not legal advice. This newsletter summarizes Florida statutes and official sources in plain English. It isn't legal advice and doesn't create an attorney-client relationship. Your declaration, bylaws and specific facts matter. For decisions affecting your association, consult a Florida-licensed attorney or the DBPR Division of Condominiums, Timeshares and Mobile Homes. We're nonpartisan, take no position on legislation or ballot measures, and endorse no candidates.
It's Election Day in Florida. Polls are open from 7 a.m. to 7 p.m. local time, and anyone in line when the polls close is allowed to vote (s. 100.011, F.S.). This issue is about the other election many of you will face soon: the one for your condo board. Last week we said the director conflict-of-interest rules were next. We've moved them to a later issue so today's could cover elections.
Last issue
Issue #2 compared the board certification rules for new directors: condo directors must file their certification and education certificate within 1 year before or 90 days after taking a seat, HOA directors within 90 days, and anyone who misses the deadline is suspended until they comply. It also covered DBPR's October moves on the condo reserve rule and the proposed condo meeting rule. Read Issue #2.
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1. New laws, rules & deadlines (plain English)
On today's ballot: a property-tax amendment. - Three proposed constitutional amendments are on today's ballot. Amendment 3 is the one about property taxes (Division of Elections, constitutional amendments). - Its official ballot summary says it would raise the homestead exemption for all non-school taxes to $150,000 in 2027 and $250,000 in 2028, then adjust it for inflation. It would also cut the annual cap on assessment increases for non-homestead properties from 10% to 5%. - People who aren't Florida residents on December 31, 2026, would get the existing exemption when they qualify, with the increased exemption starting in their fifth year of exemption. - It would also require counties and cities to use property taxes solely for listed purposes, such as public safety, schools, infrastructure and operations (Amendment 3 ballot summary; full ballot text, PDF). - A proposed amendment needs at least 60% of the votes cast on it to pass (Art. XI, s. 5(e), Fla. Const.). If approved, Amendment 3 takes effect January 1, 2027. We take no position on it.
Hiring for repairs? DBPR just finished a two-week contractor sweep. - On November 2, 2026, DBPR said it had completed a two-week enforcement and outreach initiative with the National Association of State Contractors Licensing Agencies, from October 12 to 23 (DBPR press release). - By DBPR's count: 122 sweeps, 1,300 license checks, 1,975 site visits and 55 unlicensed activity cases reported. - If your board is hiring a contractor, DBPR says to verify the license at MyFloridaLicense.com first. Suspected unlicensed activity can be reported online or through the Unlicensed Activity Hotline at (866) 532-1440.
Rule watch: nothing new this week. As of this morning, the rule histories for the condo reserve rule (61B-22.005) and the proposed meeting rule (61B-23.001) show no notices after the October items we covered last week. The Division's condo election rule (61B-23.0021) was last amended effective March 21, 2016.
2. Explainer: DBPR's election checklist, checked against current law
DBPR publishes a one-page Condominium Election Checklist (PDF). It's marked "Revised for laws effective 2021-2022," so we checked it against the current statute, s. 718.112(2)(d), F.S. (2026). Its four deadlines (60, 40, 35 and 14 to 34 days) still match. Issue #1 listed those deadlines and who can run, so here's how to use the checklist and the rules around it that the sheet doesn't spell out.
How the checklist works - Write the election date at the bottom, then count backward 14, 35, 40 and 60 days to find the latest date for each step. DBPR's instruction: "Do NOT count the election date." - The times are minimums under the Condominium Act. DBPR notes that "Your documents may require a longer period of time for notice of association meetings." - DBPR also says to leave enough time to print the notices and ballots and to buy and stuff envelopes.
A worked example (for illustration only; check your own bylaws): if the annual meeting and election are on Tuesday, February 9, 2027, counting back the way the checklist says gives these latest dates:
| Step | Days before | Latest date |
|---|---|---|
| First notice of the election date goes out | 60 | Fri., Dec. 11, 2026 |
| Written notices of intent to run are due | 40 | Thu., Dec. 31, 2026 |
| Optional candidate information sheets are due | 35 | Tue., Jan. 5, 2027 |
| Second notice with ballots goes out | 34 to 14 | Between Wed., Jan. 6, and Tue., Jan. 26, 2027 |
What goes in the second-notice package - Per the checklist: the written annual meeting notice with an agenda, the ballots, envelopes and any information sheets turned in on time. - Per the statute: the ballot must list all candidates. The annual meeting notice must also be posted in a conspicuous place on the property for at least 14 continuous days, and an officer, the manager or whoever sends it must put an affidavit or U.S. Postal Service certificate of mailing in the official records. - Information sheets can't be larger than 8 1/2 by 11 inches. The association pays to copy and send them, isn't liable for what candidates write, and may print them on both sides to save money.
Election day rules the checklist doesn't list (all from s. 718.112(2)(d), F.S.) - The regular election takes place on the date of the annual meeting. Unless the bylaws say otherwise, seats whose terms expire are filled by election, by secret ballot. - The winner is decided by a plurality of ballots cast. - An owner can't authorize anyone else to vote their ballot. Improperly cast ballots are invalid, and the association may fine an owner who breaks this rule. An owner who needs help casting a ballot for the reasons listed in s. 101.051, F.S., may get it. - No contest, no election: if there aren't more candidates than open seats, no election is required, and the candidates join the board when the annual meeting adjourns. - If the annual meeting is held by video conference, a quorum of the board must be physically present at the meeting location, and the video conference must be recorded and kept as an official record. Owners may then vote electronically as provided in s. 718.128, F.S. - Any challenge to the election process must start within 60 days after the results are announced. - When "delinquent" starts: a payment is delinquent if it isn't made by the due date stated in the declaration, bylaws or articles. If they don't name one, the due date is the first day of the assessment period. A candidate must be eligible as of the deadline for submitting the notice of intent to run. - Associations of 10 or fewer units may adopt different voting and election procedures in their bylaws by a majority vote of the total voting interests.
HOAs (Chapter 720) work differently — s. 720.306(9), F.S. - Elections must follow the procedures in the association's governing documents. - A member may nominate themselves at the meeting where the election is held, unless the election process allows nominations in advance. - No election is required unless more candidates are nominated than there are vacancies. Unless the governing documents say otherwise, directors are elected by a plurality of votes cast. - A person who's delinquent on any fee, fine or other monetary obligation to the association on the last day to be nominated can't run. A director who becomes more than 90 days delinquent is deemed to have abandoned the seat. - Election disputes go to binding arbitration with the Division or to court. Challenges must start within 60 days after the results are announced.
DBPR's companion Election Flow Chart, which also covers what happens on election day, is planned for a later issue.
3. How to get involved: put your next election on the calendar
This week's action: find out when your association's next annual meeting is, then count back 60 days the way the checklist does. If you're thinking about running, mark the 40-day deadline for your written notice of intent, and make sure you're current on every assessment by that deadline, since eligibility is judged as of that date.
Next issue: DBPR's meeting notice requirements, checked against current law.
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