By Anita Byer
The scope of the Condominium Act’s electronic voting statute was drastically expanded during the 2025 legislative session. As a result, Florida condominium associations are now required to either adopt or facilitate some form of electronic voting for unit owners. Prior to July 1, 2025, unit owners could not vote electronically unless the board passed a resolution authorizing and implementing an electronic voting system. But now, unit owners have the right to vote electronically in elections and other matters requiring unit owner votes even without a board resolution.
As of July 1, 2025, associations that have not adopted a resolution for electronic voting must designate an email address to receive electronically transmitted ballots. Unit owners in these associations may electronically transmit their ballots to the designated email address. Complete and statutorily compliant ballots electronically transmitted to the designated email address must be counted by the association as long as they are sent no later than the scheduled date and time of the meeting at which the vote on the matter is being held.
A ballot that is electronically transmitted to the association’s designated email address must include:
- A space for the unit owner to type his or her unit number.
- A space for the unit owner to type his or her first and last name, which also functions as the signature of the unit owner for purposes of signing the ballot.
- 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 owner: 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 E-MAIL 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.
Note that as of July 1, 2025, unit owners also have the power to compel the board to adopt a resolution for electronic voting. 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 such a resolution. The board, however, must receive the petition within 180 days after the date of the last scheduled annual meeting.
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