In a Florida condominium, you have the right to attend board meetings, to speak on agenda items, and to record them. Board elections run on a fixed timetable with no proxies allowed, and unit owners can recall any board member, or the whole board, with a majority. These rights come from Florida Statute 718.112 and 718.301, and DBPR's Division of Florida Condominiums enforces the election and recall rules directly. That is a real advantage condo owners have over HOA owners.

Meetings: notice, attendance, and recording

Under 718.112(2)(c), board meetings must be open to all unit owners, and owners have the right to attend and to speak on any designated agenda item. Two notice rules matter:

  • Regular board meetings: at least 48 hours posted notice (conspicuously on the property).
  • Meetings where non-emergency special assessments or rule changes about unit use will be considered: at least 14 days written notice to owners, plus posting.
  • Budget meetings: owners must get notice and a copy of the proposed budget at least 14 days before the meeting.

You may audio or video record meetings, subject to reasonable written rules the board adopts in advance (for example, no disruptive equipment). The board cannot ban recording outright. It also cannot conduct real association business by secret email or in a closed "workshop" to dodge the open meeting rule. The only meetings that can close are those with the association attorney about proposed or pending litigation, and personnel discussions.

Elections: the 60 / 40 / 14 to 34 day ladder, no proxies

Board elections are governed by 718.112(2)(d). Unlike an HOA vote, condo elections do not use proxies. Each unit gets a secret ballot. The timetable:

  • First notice of election: mailed, delivered, or electronically transmitted at least 60 days before the election.
  • Candidate deadline: a person wishing to run must give written notice at least 40 days before the election.
  • Second notice and ballot: the association mails or delivers the second notice, the ballot, and any candidate information sheets not less than 14 days and not more than 34 days before the election.

There is no quorum requirement to hold the election, but at least 20 percent of eligible voters must cast a ballot for a valid election. Proxies cannot be used to elect directors. If more candidates run than there are seats, a secret-ballot election is required.

You also have a right to an election monitor. If 15 percent of the voting interests, or 6 owners (whichever is greater) petition, DBPR will send a neutral election monitor, and the association pays the cost. See (/documents).

Recall: majority vote, 5 business days, deemed effective if the board sits on it

Under 718.112(2)(j), unit owners can recall any or all board members, with or without cause, by a majority of all voting interests. You can do it two ways: at a special meeting called by 10 percent of owners, or by written agreement (a recall petition). Then:

  • The board must hold a meeting to certify the recall within 5 business days after receiving the written recall agreement or the results of the recall vote.
  • If the board certifies the recall, the recalled members must turn over records within 10 business days.
  • If the board fails to act within those 5 business days, or votes not to certify, the recall still stands. A board that refuses to certify must file a petition for arbitration with DBPR within 5 full business days. If the board does nothing, the recall is deemed effective and the recalled directors must vacate. A board cannot defeat a valid recall by ignoring it.

How to tell if the board broke the rules

  • A board meeting happened with less than 48 hours notice, or a special assessment or use-rule change was decided with less than 14 days notice.
  • You were blocked from attending, from speaking on an agenda item, or from recording.
  • Real decisions were made by email or in a closed session that was not about litigation or personnel.
  • The election skipped the 60 or 40 day notices, allowed proxies for electing directors, or the ballots were not secret.
  • A valid recall was ignored past 5 business days, or the board refused to certify and did not file for DBPR arbitration.

Step by step

  1. Document the defect. Save the notice (or the lack of one), the agenda, and the dates. Request meeting minutes and election materials with an official records request (/documents/records-inspection-request).
  2. Object in writing and cite the specific subsection (48 hour and 14 day notice under 718.112(2)(c), the election ladder under 718.112(2)(d), or recall under 718.112(2)(j)).
  3. For an election problem, petition for a monitor before the vote if you can (/documents).
  4. File with DBPR. Election and recall disputes go directly to DBPR mandatory binding arbitration, not to court first. Use complaint form 33-032 (/documents/dbpr-complaint-guide). Meeting and open-meeting disputes can go to DBPR nonbinding arbitration or pre-suit mediation under 718.1255.
  5. Trial de novo. A party unhappy with a nonbinding arbitration decision has 30 days to file in court for a new trial.

What you can do next

Pin down the defect with a records request (/documents/records-inspection-request), object in writing citing the exact subsection, and for elections and recalls, take it straight to DBPR arbitration on form 33-032 (/documents/dbpr-complaint-guide). Consider petitioning for an election monitor (/documents) before a contested vote.