Florida Statute 720.306: HOA Member Meetings, Voting, Elections and Amendments

Quick Answer

Section 720.306 of the Florida Statutes sets the baseline rules for homeowners' association member meetings, voting, board elections and amendments to governing documents. Unless the bylaws say otherwise, a quorum is 30 percent of the voting interests, member meeting notice is at least 14 days, and a governing document amendment needs two-thirds of the voting interests.

The one thing boards most need to know: many of these are default rules that apply "unless" the governing documents provide otherwise, so read the bylaws and declaration before applying the statutory number.

At a Glance

What the Law Says

Quorum and voting

"Unless a lower number is provided in the bylaws," a quorum is 30 percent of the total voting interests. Unless the chapter, articles or bylaws say otherwise, member decisions require "at least a majority of the voting interests present, in person or by proxy, at a meeting at which a quorum has been attained." A meeting must be held at an accessible location if a physically handicapped person with a right to attend requests it.

Amending governing documents

Unless the governing documents or law provide otherwise, an amendment passes by "the affirmative vote of two-thirds of the voting interests of the association." Other amendment rules in the statute:

• Within 30 days after recording an amendment, the association must give members copies, or a notice stating the recording reference and that a free copy is available on written request. Late notice "does not affect the validity or enforceability of the amendment."
• An amendment may not materially and adversely alter a parcel's proportionate voting interest or increase its share of common expenses without joinder by the owner and lien holders, unless the original documents or law permit.
• For mortgages recorded on or after July 1, 2013, a mortgagee consent requirement is enforceable only for amendments that adversely affect lien priority, foreclosure rights, or otherwise materially affect mortgagee rights. A mortgagee that does not respond within 60 days of mailing is deemed to consent.
• A proposal "must contain the full text of the provision to be amended," with new language underlined and deleted language stricken, or a "Substantial rewording" notation. An amendment is effective when recorded in county public records.
• "An immaterial error or omission in the amendment process does not invalidate an otherwise properly adopted amendment."

Rental amendments (paragraph 1(h))

A governing document or amendment enacted after July 1, 2021 that prohibits or regulates rental agreements applies only to an owner who acquires title after its effective date or who consents. An association may nonetheless amend to prohibit or regulate rentals of less than 6 months and to prohibit renting a parcel more than three times in a calendar year, and those amendments apply to all owners.

Meetings and notice

• The association must hold a members' meeting annually; the board may call special meetings, or at least 10 percent of the voting interests may unless the documents state a different percentage. Special meeting business is limited to the purposes in the notice.
• The bylaws must provide for notice; if they do not, the statute supplies "actual notice" mailed, delivered or electronically transmitted "not less than 14 days prior to the meeting," with an affidavit of compliance filed in the official records.
• Members have the right to attend and to speak, and "have the right to speak for at least 3 minutes on any item," subject to written reasonable rules on frequency, duration and manner.
• Any parcel owner may tape record or videotape board and member meetings, subject to reasonable board rules.

Proxies, ballots and elections

A valid proxy must be dated, state the date, time and place of the meeting, and be signed. It is effective only for that meeting and "automatically expires 90 days after the date of the meeting." If the documents permit secret ballots by absent members in director elections, ballots use an inner envelope with no identifying marks and an outer envelope with the member's name, parcel and signature; duplicate ballots for a parcel are disqualified, and late ballots are not considered.

Under 720.306(9), all members are eligible to serve unless excluded by paragraph (b); an election is not required unless more candidates are nominated than there are vacancies; and directors are elected by plurality unless the documents say otherwise. A person delinquent in any monetary obligation to the association on the last nomination day may not seek election, and a sitting director more than 90 days delinquent "shall be deemed to have abandoned" the seat. A felon whose civil rights have not been restored for at least 5 years is ineligible. Board action is not invalidated if a director is later found ineligible.

What This Means in Practice

For boards

Our reading: because of the "unless" language, a board should first check the bylaws for quorum, notice and special-meeting thresholds, and apply the statute only as a fallback. Keep the notice affidavit with the official records, and keep the full-text, underline and strike format for any proposed amendment.

For owners

Owners can call a special meeting with 10 percent of voting interests unless the documents set another percentage, speak for at least three minutes on each agenda item, and record meetings.

What the statute does not say

• It does not set a dollar penalty for violations of these procedures.
• It does not authorize electronic member voting in this section; electronic notice appears in the notice provisions only. Other Chapter 720 provisions may apply, which we did not review here.
• Our reading: the 60-day challenge window runs from announcement of results, not from the meeting date. Confirm with counsel.

Timeline

Related Florida Law

• Chapter 720, Homeowners' Association Act
• SB 630 (2021)
• Fla. Stat. § 720.303, records and budgets
• Fla. Stat. § 720.3033, directors
• HB 657 (2026), failed omnibus bill
• Condominium counterpart, § 718.112

Board Checklist

• Compare the bylaws to the statutory defaults for quorum, notice and special meetings.
• Send meeting notice at least 14 days ahead and file the notice affidavit.
• Adopt written rules for member speaking time consistent with the three-minute minimum.
• Check proxy forms for date, meeting details and signature, and the 90-day expiration.
• Screen candidates for delinquency on the last nomination day and for felony eligibility.
• Prepare amendments with full text, underline and strike, and calendar the 30-day post-recording notice.
• Review mortgagee consent provisions in the declaration before recording an amendment.
• Adopt reasonable recording rules for meetings.

Frequently Asked Questions

What is the default quorum for a Florida HOA member meeting?

30 percent of the total voting interests, unless the bylaws provide a lower number.

How many votes does an HOA amendment need?

Two-thirds of the voting interests, unless the governing documents or law provide otherwise.

How much notice is required for a members' meeting?

If the bylaws are silent, not less than 14 days, with an affidavit of compliance filed in the official records.

Can owners force a special meeting?

Yes. At least 10 percent of the voting interests can call one unless the governing documents state a different percentage.

Can an owner who is behind on assessments run for the board?

No, if delinquent on any fee, fine or other monetary obligation on the last day to nominate. A sitting director more than 90 days delinquent is deemed to have abandoned the seat.

How long is a proxy valid?

Only for the meeting it names, and it "automatically expires 90 days after the date of the meeting."

How long do owners have to challenge an election?

The statute says a challenge to the election process must be commenced within 60 days after the results are announced.

Where This Comes From

We read the full current text and History line of Fla. Stat. § 720.306 on the Florida Legislature's Online Sunshine site. The official text is at leg.state.fl.us.

How APM Helps

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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.