Florida Rules 61B-23.0021 and 61B-23.00211: Condominium Elections and Electronic Voting

Quick Answer

Two Division of Florida Condominiums, Timeshares and Mobile Homes rules set the step-by-step mechanics of a Florida condominium election: Rule 61B-23.0021, "Regular Elections; Vacancies Caused by Expiration of Term, Resignations, Death; Election Monitors," and Rule 61B-23.00211, "Electronic Voting." Both are listed on the Florida Administrative Rules site with a latest effective date of March 21, 2016.

The rules cover first-notice contents, ballot envelopes, counting and defective elections, several of which require the association to "renotice" the election. We read the rule text on a Cornell Legal Information Institute mirror and confirmed dates on the official register.

At a Glance

What Rule 61B-23.0021 Says

The rule applies to "all regular and run-off elections conducted by a condominium association, regardless of any provision to the contrary contained in the declaration, articles of incorporation, or bylaws." Key points from the text we read:

• No balloting without a contest. "Balloting is not necessary to fill any vacancy unless there are two or more eligible candidates for that vacancy." The association announces the new directors at a meeting or by notice.
• No nominating committee. A board "shall not create or appoint any committee for the purpose of nominating a candidate or candidates." A search committee may encourage candidates but "shall not have the authority to nominate."
• First notice. It goes out not less than 60 days before the election and must contain the association's name and mailing address. If online voting is authorized, it must disclose "the procedure and deadline to consent to electronic voting." Failure to follow these steps "shall require the association to conduct a new election, if the election has been conducted."
• Candidate notice. Written notice of intent to run is due "not less than 40 days before a scheduled election" and is effective when received. The association must issue a written receipt for notices delivered in person.
• Second notice and ballot. Sent "no less than 14 days and no more than 34 days prior to the election." It may not contain "any communication by the board that endorses, disapproves, or otherwise comments on any candidate."
• Envelopes. The ballot goes in a smaller inner envelope, then in an outer envelope showing the voter's name and unit and carrying a signature space. "Upon receipt by the association, no ballot may be rescinded or changed."
• The ballot. Candidates appear in alphabetical order by surname. "No ballot shall indicate which candidates are incumbents," "No write-in candidates shall be permitted," and no ballot may provide space for a voter's signature or other identifier. If the ballot omits an eligible candidate or lists an ineligible one, the association must send an amended second notice, and if the election already happened, "the election is deemed void" and must be re-noticed.
• Counting. Ballots are opened and counted in front of owners at the meeting. Unsigned outer envelopes are marked "Disregarded," as is an inner envelope holding more than one ballot.
• Records. Election notices, ballots, envelopes, sign-in sheets, proxies and related electronic records are kept as official records "for a period of 1 year from the date of the election."

What Rule 61B-23.00211 Says

This short rule adds detail to the electronic voting statute, section 718.128:

• An owner's written consent to online voting "may be made via email."
• The board resolution must provide that all owners "receive notice of the opportunity to vote through an online voting system," and the opportunity must be included in the notice of the meeting requiring the vote.
• The system must give the owner a receipt showing "the specific vote cast, the date and time of submission, and the user identification," and must produce an official record of the votes and receipt times.
• For elections, "electronic votes shall not be accessible to the association prior to the scheduled election." Failing that "will void the election," and the association must renotice it.

How the Statutes Fit

Section 718.112(2)(d)5.a. of the 2026 statutes (the election paragraph) says the Division "shall by rule establish voting procedures," including notice by electronic transmission and secrecy of ballots, and sets the 60-day, 40-day and 14-to-34-day dates the rule repeats. It also says "there is no quorum requirement; however, at least 20 percent of the eligible voters must cast a ballot in order to have a valid election," and 5.c. requires any election challenge to be commenced "within 60 days after the election results are announced."

Section 718.128 lets an association use "an Internet-based online voting system if a unit owner consents, electronically or in writing," under a board resolution. Without online voting, the association "must designate an e-mail address for receipt of electronically transmitted ballots."

What This Means in Practice

For boards

Our reading: the rule is mostly a defect checklist. A wrong first notice, a missing candidate, an ineligible name on the ballot, or early access to electronic votes can each force a new notice or void an election. Keep proof of every mailing.

The rules were last revised in 2016, while section 718.112 and section 718.128 were amended later (the 2026 history lines show chapter 2024-244 and chapter 2025-175 amendments to 718.128 and several to 718.112). The statute now numbers the election provisions as (d)5., while the rules' history still cites (d)4. as authority. Our reading: where the rule wording and the current statute differ, the statute controls, and counsel should confirm.

For owners

The first notice is due at least 60 days out, the ballot 14 to 34 days out, and you may attend the count. A challenge must start within 60 days after results are announced.

Open questions

• The Division's answer, if any, to a June 2025 petition for declaratory statement from Top of the Mile South, Inc. (Case No. 2025-013205), asking whether candidates found to have tampered with elections can serve on the board. The register lists the petition; we did not find a ruling.

Timeline

Related Florida Law

• Section 718.128: electronic voting
• Section 718.112: bylaws, meetings, elections and budgets
• Section 718.112: director certification and education
• Rule 61B-23.002: association online account
• Chapter 718: the Condominium Act
• Florida HOA laws complete guide

Board Checklist

• Calendar the first notice at least 60 days out, candidate deadline at 40 days, and the ballot mailing 14 to 34 days out.
• Check the ballot: alphabetical by surname, no incumbent marks, no write-ins, no voter identifier.
• Do not appoint a nominating committee.
• Keep proof of every mailing and all election records for at least 1 year.
• If using online voting, lock the system so no one at the association can see votes before the election.

Frequently Asked Questions

What is Rule 61B-23.0021?

A Division rule on regular elections, vacancies and election monitors, listed as effective March 21, 2016.

What happens if the ballot leaves off a candidate?

The association must send an amended second notice with a revised ballot, or re-notice the election. If it already happened, the rule says it is deemed void.

Can the association view online votes early?

No. The rule says electronic votes "shall not be accessible to the association prior to the scheduled election," and a violation voids the election.

Is there a quorum for a board election?

Section 718.112(2)(d)5.a. says no quorum, but at least 20 percent of eligible voters must cast a ballot.

How long are election records kept?

The rule says 1 year from the date of the election, vote or meeting.

Where This Comes From

We read the Florida Administrative Rules register pages for both rules (effective dates, history notes, notice tables), the rule text as published on Cornell's Legal Information Institute site (the register's own Word files would not load), and the 2026 text of sections 718.112 and 718.128 on the Florida Legislature's website. Check the register for any change after March 21, 2016. Official page: flrules.org, Rule 61B-23.0021.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.