New Law (HB 913) Improves E-Voting Rights for Condos in Florida

By: Ben Solomon, Esq.

Condominium associations throughout Florida are enjoying expanded rights and can now adopt and implement electronic voting procedures even easier, thanks to recent changes by the Florida Legislature. House Bill 913 (HB 913), signed into law by Governor DeSantis effective July 1, 2025, amends key provisions of Fla. Stat. §718.128, the statute governing online voting for condominium associations.

Among other improvements, associations don’t need to provide the previously required 14-day written notice of the board meeting at which the resolution adopting online voting is to be considered.  HB 913 removes the 14-day notice requirement providing greater procedural flexibility and efficiency. 

Under the amended statute, the following procedures and requirements apply:

• Associations may conduct elections and other unit owner votes through an Internet-based online voting system, provided that unit owners affirmatively consent in writing or electronically.

• Associations must adopt a board resolution establishing the use of electronic voting and setting forth:

  • Procedures for unit owners to opt in and opt out;

  • Reasonable deadlines for consent/revocation;

  • Methods of notice and vote authentication.

• The 14-day advance notice requirement for the board meeting to adopt the resolution is eliminated as of July 1, 2025.

• Subsection (7) introduces a new provision permitting voting via email ballots, but this subsection does not apply to associations that adopt electronic voting via the online voting system procedures outlined in subsections (1) through (6) of the statute.

These procedural changes streamline the process for boards seeking to modernize their voting practices while maintaining essential safeguards.

However, for associations that do not take this route, a separate framework now exists under newly enacted subsection (7).  If an association chooses not to adopt an electronic voting system pursuant to subsections (1) through (6) of §718.128, it is subject to the new procedures outlined in subsection (7).  Such subsection authorizes voting by email ballot—but imposes strict additional procedural requirements. Specifically, subsection (7) requires that:

• A notice of the meeting and the email ballot must be sent to each unit owner who has provided written consent to receive notices by email;

• The email ballot must:

  • Clearly state each issue to be voted on;

  • Specify how to return the completed ballot (e.g., reply email, secure portal);

  • Indicate the deadline by which the vote must be received;

• The association must authenticate the identity of each voting unit owner and must maintain the ballots in compliance with statutory recordkeeping requirements.

Additionally, and most importantly, the association must include a prominent waiver statement in the meeting notice or in a document included with the notice. This statement must clearly disclose that by casting a vote via email the unit owner waives the right to a secret ballot, and the vote will be identifiable to the association (i.e., not anonymous).

Associations utilizing this alternate email method must ensure rigorous compliance, as failure to adhere to these procedures could render the vote invalid. By contrast, adopting a formal electronic voting system like www.VotingPortals.com via board resolution under the traditional framework of §718.128—offers a more established and secure process for both the association and its members.

Associations interested in adopting electronic voting should:

1. Schedule a board meeting on or after July 1, 2025 to adopt a resolution;

2. Review and distribute the proposed resolution and consent/revocation forms to the membership;

3. Ensure the selected electronic voting provider complies with statutory requirements for identity authentication, vote secrecy, and recordkeeping;

Communicate clearly with owners about their rights and options.

Questions and Answers Section:

Q:  Did the law change for our condo even if the board has not adopted/authorized e-voting?

A:  Yes, under the new law, effective July 1, 2025, if an association does not have an e-voting system that complies with subsections 1-6 then it must provide the alternative method of email ballots with waiver of secrecy statement and additional affidavit.

Q:  What are the risks if our association doesn’t use a legally compliant e-voting system?

A:  The association will need to take on the additional liability of complying with the statute itself including the security and integrity of the voting process.  The manager will need to keep track of the email ballots and owners will need to waive secrecy or the votes will be disregarded.

Q: What if our association tries it on our own and does it incorrectly?

A: Owners may challenge the validity of the election and the same may be determined invalid/voidable.  

Our law firm can provide your association the required board resolution, consent form, and meeting notice.  We are also available to assist your association in a seamless transition to electronic voting in full compliance with Florida law.  For more information on obtaining a legally compliant e-voting system, please visit our affiliate Voting Portals at www.VotingPortals.com.