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Understanding Florida’s HOA election laws

The state of Florida sets forth several parameters that outline how someone may be elected to the board of a homeowners’ association, though the process is largely determined by the organization’s bylaws. Our team at Cuevas, Garcia & Torres, P.A., knows how important the leadership of your association may be. Electing people correctly can prevent problems down the road.

According to Florida law, just about any member of the association is eligible to be elected to a board position. However, if on the day of the election the person is delinquent in paying fees or fines, he or she may not be able to run. Additionally, anyone who has been convicted of a felony is ineligible unless the person’s civil rights were restored at least five years prior to the election.

Members are typically permitted to nominate themselves at the election meeting unless otherwise dictated in the bylaws. Generally, the HOA is required to give members an advanced notice of the election so people have a chance to run for a position. Earning a plurality of the vote will secure a position on the association.

In the event that someone believes that the election process was flawed, the law notes that the challenge must be brought within 60 days of the announced results. The dispute will have to be brought to arbitration.

These cases can quickly become complicated, and they often require sound counsel. At Cuevas, Garcia & Torres, P.A., we understand Florida’s HOA laws and help clients navigate the legal process.

For more information on this topic, please visit our page regarding HOA disputes.

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