Can a Florida condo association vote online?
Florida condominium associations may conduct board elections and other owner votes through an Internet-based online voting system — but only for owners who consent, electronically or in writing, and only if the system meets the statute's technical requirements: it must authenticate the voter's identity, keep board-election ballots secret (permanently separating the voter's identity from the ballot), give each voter a receipt, let owners confirm at least 14 days before the voting deadline that their device can communicate with the system, and store votes for recount and inspection (§ 718.128(1)–(2)).
Online voting is switched on by a board resolution that sets reasonable procedures and deadlines for owners to consent and to opt out. Once an owner consents, the consent stays valid until the owner opts out — and once the board authorizes online voting, it must honor an owner's request to vote electronically at all subsequent elections unless that owner opts out. Owners can also force the question: if at least 25 percent of the voting interests petition for electronic voting, the board must hold a meeting within 21 days of receiving the petition to adopt a resolution (§ 718.128(4)–(6)).
Separately, the 2024–2025 amendments added an email-ballot channel: an association that has not adopted a full online voting system must designate an email address for receiving electronically transmitted ballots. An owner may email a completed ballot to that address — the ballot must include the unit number and the owner's typed name (which serves as the signature), and must carry a prescribed all-capitals statement telling the owner that emailing the ballot waives ballot secrecy. Emailed ballots are due by the scheduled date and time of the meeting at which the vote is taken (§ 718.128(7)).
An owner who votes electronically counts toward the meeting's quorum. Electronic voting is available for any matter requiring an owner vote, except in timeshare condominium associations (§ 718.128(3), (8)).
What § 718.128 says, section by section
| Subsection | Plain-English translation | Citation |
|---|---|---|
| (intro) | An association may conduct elections and other unit-owner votes through an Internet-based online voting system if the owner consents, electronically or in writing, and the section's requirements are met. | § 718.128 |
| (1) | The association must provide each owner: (a) a way to authenticate their identity to the system; (b) for board elections, a way to transmit a ballot that ensures secrecy and integrity; (c) a way to confirm, at least 14 days before the voting deadline, that the owner's device can communicate with the system. | § 718.128(1) |
| (2) | The system itself must be able to: authenticate identity; authenticate each vote's validity (no alteration in transit); transmit a receipt to each voter; for board elections, permanently separate identifying information from the ballot so a ballot can never be tied to a voter; and store votes accessible to election officials for recount, inspection, and review. | § 718.128(2) |
| (3) | An owner voting electronically is counted toward quorum. When quorum rests on electronic voters, substantive votes may only be taken on the issues specifically identified in the electronic vote. | § 718.128(3) |
| (4) | Applies where the board authorizes online voting by resolution. The resolution must give owners notice of the opportunity, and set reasonable procedures and deadlines for consenting and for opting out. Once authorized, the board must honor an owner's request to vote electronically at all subsequent elections unless the owner opts out. | § 718.128(4) |
| (5) | An owner's consent to online voting remains valid until the owner opts out under the board's procedures. | § 718.128(5) |
| (6) | If at least 25% of the voting interests petition for electronic voting for the next scheduled election, the board must meet within 21 days of receipt to adopt the resolution. The petition must be received within 180 days after the last scheduled annual meeting. | § 718.128(6) |
| (7) | Email-ballot channel (unless full online voting is adopted): the association must designate an email address for receiving electronically transmitted ballots. An emailed ballot need not comply with § 718.112(2)(d)4 ballot-secrecy rules; it must include a space for the unit number, a space for the owner's typed first and last name (functioning as the signature), and the statute's prescribed all-capitals secrecy-waiver notice in a font larger than any other in the association's email. Ballots are due no later than the scheduled date and time of the meeting. A sworn affidavit from a board member, officer, agent, or licensed CAM attesting to review of the designated inbox's folders creates a rebuttable presumption the association reviewed it. | § 718.128(7) |
| (8) | Electronic voting may apply to any matter requiring an owner vote, except for members of timeshare condominium associations. | § 718.128(8) |