In Florida, HOA board members are elected by a plurality of the votes cast, and the whole board or any director can be recalled by a majority of the association's voting interests (Fla. Stat. §720.306(9) and §720.303(10)). Election and recall disputes are the one HOA area that skips court-first mediation and instead goes to binding arbitration through the state (DBPR), or to court. This page explains how elections and recalls work and how to challenge one that was run improperly.

This is the hub for HOA elections and recall in Florida.

How HOA elections work

Unlike Florida condominiums, which have a rigid, statute-driven election process, HOAs run elections according to the procedures in their own governing documents (Fla. Stat. §720.306(9)(a)). The statute sets a floor, and the declaration and bylaws fill in the details. Two rules stand out.

Plurality wins

Except as otherwise provided in the governing documents, directors are elected by a plurality of the votes cast by eligible voters (Fla. Stat. §720.306(9)). Plurality means the candidates with the most votes win, even without a majority. In a race for three seats, the top three vote-getters take them.

Proxies are usually allowed (this is different from condos)

A point that trips up many owners: in an HOA, members generally may vote by proxy, including in board elections, unless the governing documents say otherwise (Fla. Stat. §720.306(8)). This is the opposite of the condo rule, where proxies are banned in board elections. If someone tells you "proxies are never allowed in Florida board elections," they are describing condos, not HOAs. Always check your own governing documents, because they can restrict proxies.

Notice

Members must get notice of the meeting where the election happens, not less than 14 days beforehand (Fla. Stat. §720.306).

How recall works

Owners do not have to wait for the next election to remove a director who is not serving them. Under Fla. Stat. §720.303(10), a director or the entire board may be recalled by a vote or written agreement of a majority of the association's voting interests.

The process:

  1. Owners recall a director by a majority, either at a member meeting or by signed written agreement or written ballots.
  2. The board must notice and hold a board meeting within 5 full business days after it receives the written agreement or ballots.
  3. At that meeting the board must either certify the recall (in which case the director is removed immediately and must turn over all association records and property within 5 full business days) or, if it declines to certify, file for arbitration with the state or a court action within 5 full business days.
  4. If the board fails to hold the meeting or file, the owners' representative can file a challenge within 60 days after the 5-business-day period expires.

A board that simply ignores a valid recall is itself violating the statute.

Where election and recall disputes go

This is the exception to the usual HOA rule. Most HOA disputes go to pre-suit mediation and then circuit court. Election and recall disputes do not. They are expressly excluded from pre-suit mediation and instead must be arbitrated by the Department of Business and Professional Regulation (DBPR) or filed in court (Fla. Stat. §720.311(1)).

A challenge to the election process must be commenced within 60 days after the election results are announced. Recall arbitration petitions run on the tight timelines described above.

So when people say "DBPR handles HOA elections," this is what they mean. DBPR does not referee your fine or records fight, but it does arbitrate elections and recalls. See who regulates HOAs in Florida.

How to tell if the board broke the rules

Election problems:

  • Ballots were counted wrong, or the plurality winners were not seated.
  • Proxies were rejected when your governing documents allow them (or accepted when they forbid them).
  • Members did not get 14 days' notice of the election meeting.
  • Eligible voters were turned away, or ineligible ones were counted.

Recall problems:

  • A valid majority recall was submitted and the board did not hold its meeting within 5 business days.
  • The board refused to certify but never filed for arbitration or court within the deadline.
  • A recalled director will not turn over records and property.

Your options, step by step

Rung 1: Gather the paperwork. Get the ballots, proxies, sign-in sheets, meeting notices, and minutes. Use the records request letter.

Rung 2: Put the objection in writing. Notify the board of the specific defect and the correction you want. Use the election or recall objection letter.

Rung 3: DBPR arbitration (or court). For elections, file your challenge within 60 days of the announced results. For recalls, follow the arbitration path in §720.303(10). This is binding arbitration through the state, not the mediation track used for other disputes.

Because these deadlines are short and the process is technical, this is an area where a licensed Florida attorney experienced in community-association arbitration is often worth the cost.

What you can do next

  1. Collect the election or recall records with the records request letter.
  2. Send the election or recall objection letter.
  3. File for DBPR arbitration or court within the applicable 60-day or 5-business-day windows.