HOA election rules - Florida - 720

No. If there are open spots and not more candidates than open spots, then the incumbent stays on.

Let's say you have three seats on the board, and one of them is due for election this year (in your case it would be the current president). If no one else had filed to run for the board you don't need to hold an election. The person with the seat up for election automatically stays in that seat and fills the term. So he would not have to run again for whatever term is in your bylaws (most likely two years).

It saves a lot of money to not have to do the ballot. However, you should still hold your annual members meeting, because your bylaws probably say you need to and the board needs to elect officers. The current president is not running for the president's position, he is running for a seat on the board. Then the board gets to elect officers and he might not get elected by them to stay as president.

What do you mean by this, Art? "The other officers are not up for election?" Are you say that these officers, whom I'll assume are directors, will continue as board members/directors because their term aren't up?

If the director whose term is up, AND the remaining directors whose terms aren't up, equal a full Board, per your Bylaws, they can be elected by "acclamation" at the annual meeting.

But, as Elle points out, if your Bylaws permit nominations from the floor, you may have to go through the whole ballot process. Your Assoc. attorney should advise the Board on this.

A pointed out by others, owners do NOT elect officers, they elect board members/directors.

ArtB1 needs to get into the weeds of FS 720. For one thing, the following from FS 720 seems relevant:


Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association. Except as provided in paragraph (b), all members of the association are eligible to serve on the board of directors, and a member may nominate himself or herself as a candidate for the board at a meeting where the election is to be held; provided, however, that if the election process allows candidates to be nominated in advance of the meeting, the association is not required to allow nominations at the meeting. An election is not required unless more candidates are nominated than vacancies exist. If an election is not required because there are either an equal number or fewer qualified candidates than vacancies exist, and if nominations from the floor are not required pursuant to this section or the bylaws, write-in nominations are not permitted and such qualified candidates shall commence service on the board of directors, regardless of whether a quorum is attained at the annual meeting.

I came across this article yesterday that speaks to Art's original question. This answer is from one of the best HOA attorneys in the state.

Q: Our HOA Bylaws provide that even if the election of directors is uncontested the candidates still have to be approved at an election by a vote of the owners. Do the Bylaws control over the statutes which provide that no election is required if the election is uncontested?

A. In my opinion the Bylaws do not control and no election is required. Florida Statute 720.306(9)(a) governing homeowner associations provides that “[a]n election is not required unless more candidates are nominated than vacancies exist.” Similar language is found in the Chapter 718 governing condominiums. Bylaws purporting to require an election in this circumstance contradicts Florida law and is therefore unenforceable and void. See H. Graydon Hopkins v. Tamarynd Place Condominium, Inc., Department of Business and Professional Regulation Summary Final Order 2004-02-7664 holding that “[t]he bylaws do not overrule the statutory provision that eliminates the need for an election where the number of candidates does not exceed the number of open board seats.”