Ballots

there are no official forms, except for the one your board makes for the purpose of voting.

Does anyone know in the State of Florida can write-in candidates be added on a ballot? Ballots have just been sent out to reelect the 5 Board members currently in place with instructions to vote for five. Owners that are not happy with the prior years results have now stepped forward and are willing to run to avoid the same board being elected. Can owners write-in these names on the ballots? I do not see anything that addresses this situation in the FL Stat, our bylaws or condo docs.

Donna,

The only problem about write-ins is that the whole membership does not about it. These members who are willing to run for a board position should have let it be known in time to have their names put on the ballot. But since they didn't, they should now inform as many members as possible to write-in their name if they would like to vote for them. Don't be surprised that the same 5 board members are elected!

Donna,

I agree, it must be stated in the bylaws. IMO, write-ins and nominations from the floor are, in most instances, meaningless. Unless you inform a large number of members about your wish to be put on as a write-in, who's going to vote for you? And, nominations from the floor may work in a small assn where the majority of the members voting also attend the meeting. Otherwise, not many members are going to know about the nominations from the floor.

Donna,

In looking over FL 718.112(2)(d)3 I can see no mention of allowing write-in candidates nor nomination from the floor. If either are not mentioned in your bylaws then I would say neither can be allowed. I've copied this portion of the statute below.

With regard to your question, state law takes precedence over your gov docs unless the state law says "unless otherwise stated in the community documents".

718.112(2)(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. Not less than 60 days before a scheduled election, the association shall mail, deliver, or electronically transmit, whether by separate association mailing or included in another association mailing, delivery, or transmission, including regularly published newsletters, to each unit owner entitled to a vote, a first notice of the date of the election along with a certification form provided by the division attesting that he or she has read and understands, to the best of his or her ability, the governing documents of the association and the provisions of this chapter and any applicable rules. Any unit owner or other eligible person desiring to be a candidate for the board must give written notice to the association not less than 40 days before a scheduled election. Together with the written notice and agenda as set forth in subparagraph 2., the association shall mail, deliver, or electronically transmit a second notice of the election to all unit owners entitled to vote therein, together with a ballot which shall list all candidates. Upon request of a candidate, the association shall include an information sheet, no larger than 81/2 inches by 11 inches, which must be furnished by the candidate not less than 35 days before the election, along with the signed certification form provided for in this subparagraph, to be included with the mailing, delivery, or transmission of the ballot, with the costs of mailing, delivery, or electronic transmission and copying to be borne by the association. The association is not liable for the contents of the information sheets prepared by the candidates. In order to reduce costs, the association may print or duplicate the information sheets on both sides of the paper. The division shall by rule establish voting procedures consistent with the provisions contained herein, including rules establishing procedures for giving notice by electronic transmission and rules providing for the secrecy of ballots. Elections shall be decided by a plurality of those ballots cast. There shall be no quorum requirement; however, at least 20 percent of the eligible voters must cast a ballot in order to have a valid election of members of the board. No unit owner shall permit any other person to vote his or her ballot, and any such ballots improperly cast shall be deemed invalid, provided any unit owner who violates this provision may be fined by the association in accordance with s. 718.303. A unit owner who needs assistance in casting the ballot for the reasons stated in s. 101.051 may obtain assistance in casting the ballot. The regular election shall occur on the date of the annual meeting. The provisions of this subparagraph shall not apply to timeshare condominium associations. Notwithstanding the provisions of this subparagraph, an election is not required unless more candidates file notices of intent to run or are nominated than board vacancies exist.

Thanks, that answers my question. Then we are screwed unless we can get 20% or less of the owners to complete a ballot or proxy. What happens if a quorum of the owners do not send in a ballot or proxy?