Electronic Voting Statutes
Florida Statute Condominium Act Title XL Chapter 718 Condominiums, Cooperatives and Timeshares (Regulated)
Bylaws Section 718.112(d)
3. The members of the board shall be elected by written ballot or voting machine. Proxies shall in no event be used in electing the board, either in general elections or elections to fill vacancies caused by recall, resignation, or otherwise, unless otherwise provided in this chapter.
4. Any approval by unit owners called for by this chapter or the applicable declaration or bylaws, including, but not limited to, the approval requirement in s. 718.111(8), shall be made at a duly noticed meeting of unit owners and shall be subject to all requirements of this chapter or the applicable condominium documents relating to unit owner decision making, except that unit owners may take action by written agreement, without meetings, on matters for which action by written agreement without meetings is expressly allowed by the applicable bylaws or declaration or any statute that provides for such action.
Florida Statute 720.306 Meetings of members; voting and election procedures; amendments.— (Unregulated)
(9)(a) ELECTIONS AND BOARD VACANCIES.—Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association. “Does not preclude electronic ballots – many associations have rewritten their Bylaws to permit electronic ballots."
Virtual Meeting Statutes
The Florida Condominium, Cooperative, and Homeowners
Association Acts each has an association emergency powers section allowing an
association to conduct board and membership meetings as practical unless
specifically prohibited by the declaration, articles or bylaws of an
association. Contact your association’s attorney to see what your community’s
options are for virtual meetings based upon your governing documents.
Applicable Law: Florida Condominium, Cooperative, and
Homeowners Association Acts
Florida
Condominium Act 718.1265 Association
emergency powers.—
(1) To
the extent allowed by law and unless specifically prohibited by the declaration
of condominium, the articles, or the bylaws of an association, and consistent
with the provisions of s. 617.0830, the board of administration, in response to
damage caused by an event for which a state of emergency is declared pursuant
to s. 252.36 in the locale in which the condominium is located, may, but is not
required to, exercise the following powers:
(a)
Conduct board meetings and membership meetings with notice given as is
practicable. Such notice may be given in any practicable manner, including
publication, radio, United States mail, the Internet, public service
announcements, and conspicuous posting on the condominium property or any other
means the board deems reasonable under the circumstances. Notice of board
decisions may be communicated as provided in this paragraph.
(b)
Cancel and reschedule any association meeting….
History.—s.
15, ch. 2008-28.
Florida
Cooperative Act 719.128 Association emergency powers.—
(1) To the extent allowed by law,
unless specifically prohibited by the cooperative documents, and consistent
with s. 617.0830,
the board of administration, in response to damage caused by an event for which
a state of emergency is declared pursuant to s. 252.36 in
the area encompassed by the cooperative, may exercise the following powers:
(a) Conduct board or membership
meetings after notice of the meetings and board decisions is provided in as
practicable a manner as possible, including via publication, radio, United
States mail, the Internet, public service announcements, conspicuous posting on
the cooperative property, or any other means the board deems appropriate under
the circumstances.
(b) Cancel and reschedule an
association meeting.
Florida
Homeowners Association Act 720.316 Association emergency powers.—
(1) To the extent allowed by law,
unless specifically prohibited by the declaration or other recorded governing
documents, and consistent with s. 617.0830,
the board of directors, in response to damage caused by an event for which a
state of emergency is declared pursuant to s. 252.36 in
the area encompassed by the association, may exercise the following powers:
(a) Conduct board or membership
meetings after notice of the meetings and board decisions is provided in as
practicable a manner as possible, including via publication, radio, United States
mail, the Internet, public service announcements, conspicuous posting on the
association property, or any other means the board deems appropriate under the
circumstances.
(b) Cancel and reschedule an
association meeting.