Florida HOA Meetings and Voting: Fla. Stat. 720.306

What the law covers

Fla. Stat. 720.306 covers meetings of members, voting and election procedures, and amendments to governing documents in Florida homeowners associations.

Unless the bylaws provide a lower number, 30 percent of the total voting interests constitutes a quorum at a meeting of the members. Decisions that require a vote of the members must be made by the concurrence of at least a majority of the voting interests present, in person or by proxy, at a meeting at which a quorum has been attained.

The law also addresses annual meetings, special meetings, notice content, the right to speak for at least 3 minutes, adjournment, proxy voting, board elections and vacancies, and recording of meetings.

Key requirements and limits

Key points from the statute:

• Quorum: 30 percent of the total voting interests unless the bylaws provide a lower number.
• Amendments: generally require the affirmative vote of two-thirds of the voting interests of the association unless the governing documents or law provide otherwise.
• Amendment delivery: within 30 days after recording an amendment, the association shall provide copies to members, subject to an alternative notice option described in the statute.
• Material changes: an amendment may not materially and adversely alter the proportionate voting interest appurtenant to a parcel or increase the parcel's share of common expenses unless the record parcel owner and all record owners of liens join in the execution of the amendment. A change in quorum requirements is not an alteration of voting interests.
• Rental rules: governing documents enacted after July 1, 2021 that prohibit or regulate rental agreements generally apply only to owners who acquire title after the effective date or consent, except amendments to prohibit or regulate rentals for less than 6 months or more than three times in a calendar year apply to all parcel owners.
• Board service: a board member who becomes more than 90 days delinquent is deemed to have abandoned the seat. A person with a felony conviction is not eligible unless civil rights have been restored for at least 5 years.
• Election challenges: any challenge to the election process must be commenced within 60 days after the election results are announced.
• Proxy validity: a proxy automatically expires 90 days after the date of the meeting for which it was originally given.

The association's governing documents and later amendments may also apply.

Notice, hearing and deadlines

Notices and deadlines:

• Annual meeting notice: unless the bylaws provide otherwise, the association shall give all parcel owners and members actual notice mailed, delivered, or electronically transmitted not less than 14 days prior to the meeting. Evidence of compliance is an affidavit filed among the official records of the association.
• Special meeting notice: must include a description of the purpose or purposes for which the meeting is called.
• Amendment notice: within 30 days after recording an amendment, the association shall provide copies to members or provide an alternative notice identifying the official book and page number or instrument number and stating that a copy is available at no charge upon written request.
• Election challenge: within 60 days after the election results are announced.
• Mortgagee consent: a mortgagee who fails to respond within 60 days after the date of mailing is deemed to have consented to the amendment. An action to void an amendment is subject to a statute of limitations beginning 5 years after the date of discovery for certain amendments and 5 years after the date of recordation of the certificate of amendment for all other amendments.
• Notice address: notice must be mailed or delivered to the parcel owner's mailing address in the official records of the association as required under s. 720.303(4), or electronically transmitted if the owner has consented in writing.

Practical checklist for homeowners

Practical checklist for homeowners:

• Read your governing documents and any recorded amendments.
• Keep copies of meeting notices, amendments, and election results.
• Check the official text of Fla. Stat. 720.306 for updates.
• Confirm the mailing address the association uses for your notices.
• Review proxy forms carefully before signing.