If you are worried your Florida condo's board election will not be run fairly, you can petition for a state election monitor. When enough owners ask, DBPR sends a neutral monitor to oversee the election, and the association pays the cost. This is a real, condo-specific right. HOA owners do not have it.

The election-monitor right is administered by DBPR's Division of Florida Condominiums and the Condominium Ombudsman under Florida Statute 718.5012 and the election rules in 718.112(2)(d).

What an election monitor does

A monitor is a neutral third party (often an attorney) who oversees the condo election process: the handling and counting of ballots, the verification of the outer envelope signatures, and adherence to the election timetable. The monitor does not pick winners. The monitor makes sure the rules are followed and the count is honest. Their presence alone tends to keep the process clean.

The threshold: 15% or 6 owners, whichever is greater

To trigger a monitor, owners must petition DBPR. The threshold is 15 percent of the voting interests, or 6 owners, whichever is greater. In a small building, 6 owners may be the higher number; in a large one, 15 percent will be. Either way, once you clear the threshold and file the petition, DBPR arranges the monitor.

And the cost falls on the association, not on the owners who petitioned. The association pays for the election monitor. That is what makes this tool practical: you get neutral oversight without paying for it yourself.

When to use it

  • The board controls the ballots and you do not trust the count.
  • Past elections had missing or questionable ballots, late notices, or improper proxy use (proxies are not allowed to elect condo directors).
  • The election is contested and emotions are high.
  • You want a clean, defensible result that nobody can later challenge.

How to tell the election was mishandled

  • Fewer than 60 days notice for the first notice, or the second notice and ballot came outside the 14 to 34 day window.
  • Candidates who submitted the required 40-day notice were left off the ballot.
  • Ballots were not secret, or the outer-envelope signature check was skipped.
  • Proxies were used to elect directors.

Step by step

  1. Act early. Request the monitor well before the election date. DBPR needs time to arrange it, and the election timetable moves fast.
  2. Gather signatures. Collect a petition meeting the threshold: 15 percent of voting interests or 6 owners, whichever is greater. Use the (/documents).
  3. File with DBPR. Submit the petition to the Division of Florida Condominiums (the Ombudsman's office can point you to the current form and address).
  4. Cooperate with the monitor. Provide the monitor and DBPR the information they request.
  5. If problems still occur, election and recall disputes go to DBPR mandatory binding arbitration under 718.1255. File complaint form 33-032 (/documents/dbpr-complaint-guide).

What you can do next

Gather a petition meeting the 15 percent or 6 owner threshold (/documents) and file it with DBPR well before the vote, remembering the association pays for the monitor. If the election is still mishandled, take it to binding DBPR arbitration on form 33-032 (/documents/dbpr-complaint-guide).