Electronic Voting vs. Electronic Ballots in Florida Community Associations

As annual meeting season approaches, many Florida condominium associations and homeowners’ associations (HOAs) are looking for ways to increase owner participation, simplify elections, and achieve quorum. One topic creating significant confusion within condominium associations is the difference between electronic voting and electronic ballots. While the terms are often used interchangeably, they are not the same under Florida law. Understanding the distinction is critical for condominium association boards, property managers, and community association managers (CAMs) to ensure elections are conducted properly and in compliance with the Florida Condominium Act.

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

The biggest misconception we continue to see is that allowing owners to email completed ballots is the same as adopting an electronic voting platform. It isn’t.

Electronic Voting

Electronic voting allows owners to cast their votes through a secure, internet-based voting platform specifically designed for community association elections.

For Florida condominiums, electronic voting is governed by Section 718.128, Florida Statutes, while homeowners’ associations are governed by Section 720.317, Florida Statutes. These statutes establish detailed requirements designed to protect the integrity and secrecy of elections. Among other things, compliant systems must:

• Authenticate the owner’s identity.
• Preserve secret ballots where required.
• Generate voting receipts.
• Maintain election records for recounts and inspections.
• Separate voter identification from the actual ballot.
• Allow electronic voters to be counted toward quorum.

Electronic voting is not automatic. Before implementing an online voting system, an association must adopt the appropriate board resolution and establish procedures for owners to opt into electronic voting. Once an owner consents, that consent generally remains effective until it is revoked. An owner’s consent to online voting is valid until the unit owner opts out of online voting according to the procedures established by the board of administration.

Electronic Ballots

Recent legislative updates have introduced another option that is creating confusion for condominium associations: electronically transmitted ballots. Unlike electronic voting, an electronic ballot generally refers to a completed ballot that is transmitted to the association— through the Association’s designated email address for electronic ballots—rather than being submitted through an online voting platform.

For condominium associations, Florida law now requires  electronically transmitted ballots under specific statutory requirements, if the association has not adopted an electronic voting platform. These ballots must satisfy statutory requirements regarding owner identification and submission procedures and are subject to different rules than internet-based electronic voting. In other words:

Electronic voting = voting through a secure online voting platform.

Electronic ballot = transmitting a completed ballot electronically to the condominium association, while waiving secrecy of your ballot.

These are separate procedures with separate legal requirements.

Why This Matters During Annual Meeting Season

Annual meetings often present some of the biggest operational challenges for Florida associations:

• Difficulty obtaining quorum.
• Low owner participation.
• Seasonal residents who are out of state.
• Last-minute questions about voting procedures.
• Election challenges after votes have been counted.

Electronic voting can significantly improve owner participation because members can vote securely from virtually anywhere while still being counted toward quorum where permitted by statute. However, associations that attempt to “modernize” without following the statutory requirements may unintentionally create legal issues that could result in election disputes or challenges.

Recent Changes Florida Associations Should Understand

Florida has continued modernizing community association election procedures by expanding electronic participation options. Some of the notable changes include:

• Greater flexibility for electronically transmitted ballots in many condominium elections.
• Continued recognition of secure online voting systems.
• Additional guidance regarding electronic participation in annual meetings.
• Increased emphasis on board resolutions and owner consent procedures before implementing electronic voting.

Because these laws continue to evolve, boards should avoid assuming that procedures used in previous years remain compliant today.

Best Practices for Boards and Property Managers

Before annual meeting notices are mailed, associations should consider reviewing:

• Election procedures.
• Governing documents.
• Board resolutions authorizing electronic voting.
• Owner consent records.
• Annual meeting notice requirements.
• Ballot and proxy procedures.
• Electronic ballot submission procedures.
• Vendor compliance for online voting platforms.

A proactive legal review before election season is almost always easier—and less expensive—than defending an election challenge afterward.

Final Thoughts

Annual meeting season is one of the busiest—and most scrutinized—times of the year for Florida community associations. Whether your association is considering electronic voting for the first time, implementing electronically transmitted ballots, or simply reviewing existing election procedures, understanding the legal distinctions is essential.

Working with experienced Florida community association counsel before notices are sent can help boards and property managers navigate changing statutory requirements, reduce the risk of election disputes, and ensure annual meetings proceed as smoothly as possible.