Florida Statute 718.128: Condominium Electronic Voting and E-Mail Ballot Rules

Quick Answer

Section 718.128 of the Florida Statutes lets a condominium association run elections and other unit owner votes through an Internet-based online voting system, but only for owners who consent, and only if the association meets a list of security and procedure requirements. It also gives owners a way to push the board to adopt online voting, and it requires an e-mail address for electronically transmitted ballots when the association has not adopted online voting.

The one thing a board most needs to know: online voting under this section is not automatic. It starts with a board resolution, and once the board authorizes it, the statute says the board "must honor a unit owner's request to vote electronically at all subsequent elections, unless such unit owner opts out."

At a Glance

What the Law Says

Consent and system requirements

An association "may conduct elections and other unit owner votes through an Internet-based online voting system if a unit owner consents, electronically or in writing, to online voting" and the section's requirements are met. The association must give each owner:

• a method to authenticate the owner's identity to the system;
• for board elections, a method to transmit an electronic ballot that "ensures the secrecy and integrity of each ballot"; and
• a method to confirm, "at least 14 days before the voting deadline," that the owner's device can communicate with the system.

The system itself must be able to authenticate the owner, authenticate each vote so it is not altered in transit, send a receipt to each owner who votes, store votes for recount, inspection and review, and, for board elections, permanently separate identifying information from the ballot "rendering it impossible to tie an election ballot to a specific unit owner."

Quorum

An owner voting electronically "shall be counted as being in attendance at the meeting for purposes of determining a quorum." If a quorum is established through electronic voters, a substantive vote may not be taken "on any issue other than the issues specifically identified in the electronic vote."

Board resolution and opt-out

The section applies to an association that authorizes online voting "by a board resolution." The resolution must provide that owners receive notice of the opportunity to vote online, must set reasonable procedures and deadlines for owners to consent, and must set reasonable procedures and deadlines for owners to opt out after consenting. Consent stays valid until the owner opts out.

The 25 percent petition

Subsection (6): "If at least 25 percent of the voting interests of a condominium petition the board to adopt a resolution for electronic voting for the next scheduled election, the board must hold a meeting within 21 days after receipt of the petition to adopt such resolution. The board must receive the petition within 180 days after the date of the last scheduled annual meeting."

E-mail ballots when online voting is not adopted

Subsection (7) applies "unless the association has adopted electronic voting in accordance with subsections (1)-(6)." The association "must designate an e-mail address for receipt of electronically transmitted ballots." An owner may send a ballot to that address without following the usual two-envelope ballot procedure in s. 718.112(2)(d)4. or the division's ballot secrecy rules, and the association "must count" completed ballots that comply. Each emailed ballot must include:

• a space to type the unit number;
• a space to type first and last name, which "also functions as the signature";
• a capitalized secrecy-waiver statement in a font larger than any other font in the association's e-mail; and
• delivery to the designated address no later than the scheduled date and time of the meeting.

The statute also creates a "rebuttable presumption" that the association reviewed all folders of the designated mailbox if a board member, officer, agent, or licensed manager provides a sworn affidavit attesting to that review.

What This Means in Practice

For boards

Two separate tracks exist. Track one is a full online voting system under subsections (1) to (6), which needs a resolution, a compliant system, and owner consent. Track two is the e-mail ballot under subsection (7), which applies when track one has not been adopted. Boards that do nothing are still subject to track two.

Our reading: the 14-day device confirmation in (1)(c) is something the association must offer, so a system that cannot support a test well before the deadline would be hard to square with the text.

For owners

An owner who wants online voting can ask the board, or organize a petition. The 25 percent figure is measured in voting interests, not owners, and the 180-day window runs from the last scheduled annual meeting.

What the section does not say

• It does not say what happens if the board meets within 21 days and declines to adopt the resolution. Subsection (6) says the meeting is "to adopt such resolution." Whether the board must adopt it is an open question for counsel.
• It does not name a required vendor or technical standard beyond the listed capabilities.
• It states no penalty for non-compliance. Election challenges are governed elsewhere in Chapter 718.

Compare the cooperative version

Section 719.129 (cooperatives) is nearly parallel but, in the text we read, has no petition provision and no e-mail ballot subsection. Its subsection (4) adds a requirement that written notice of the meeting at which the resolution will be considered be mailed, delivered or electronically transmitted and posted at least 14 days before the meeting. The text of 718.128(4) as we read it does not contain that sentence. Confirm with counsel which notice rule your board should follow for the resolution meeting.

Timeline

Related Florida Law

• Fla. Admin. Code 61B-23.0021, condominium elections and e-voting
• Fla. Stat. § 718.112, bylaws, meetings, elections
• HB 913 (2025)
• HB 1021 (2024)
• HB 657 (2026), failed omnibus bill
• Chapter 719, Cooperative Act
• Florida HOA laws complete guide

Board Checklist

• Decide whether the board will adopt online voting by resolution under § 718.128(4), or rely on the e-mail ballot track in subsection (7).
• If adopting, draft the resolution to include owner notice, consent procedures and deadlines, and opt-out procedures and deadlines.
• Confirm the vendor's system meets each capability in subsection (2), including receipts and permanent separation of identity from ballot.
• Build in the 14-day device test required by (1)(c).
• Calendar the 21-day meeting deadline if a 25 percent petition arrives, and note the 180-day receipt window.
• If using e-mail ballots, designate the address, include the capitalized secrecy statement, and document mailbox review (an affidavit gives a rebuttable presumption).
• Have counsel review the notice requirement for the resolution meeting.

Frequently Asked Questions

Can a Florida condo association require owners to vote online?

Not under the text we read. Online voting requires that "a unit owner consents, electronically or in writing," and owners may opt out under board-set procedures.

How many owners does it take to petition for electronic voting?

At least 25 percent of the voting interests of the condominium, delivered to the board within 180 days after the last scheduled annual meeting.

How fast must the board respond to a petition?

The board "must hold a meeting within 21 days after receipt of the petition."

Do emailed ballots have to be counted?

If the association has not adopted online voting, it must designate an e-mail address, and it "must count" completed ballots that meet subsection (7).

Does an emailed ballot stay secret?

No. The required statement tells the owner that transmitting the ballot by e-mail waives secrecy, and that the owner may attend the in-person meeting instead.

Does electronic voting count toward a quorum?

Yes. An owner voting electronically "shall be counted as being in attendance" for quorum purposes.

Does this apply to homeowners' associations?

No. Section 718.128 is in the Condominium Act. HOAs are governed by Chapter 720, and we did not find a parallel provision in 720.306.

Where This Comes From

We read the current text and History line of Fla. Stat. §§ 718.128 and 719.129 on the Online Sunshine site of the Florida Legislature, plus bill pages for the chapter laws named above. The official text is at leg.state.fl.us.

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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.