Director elections are the one HOA procedure most likely to end in court. The stakes are personal, the process is time-boxed, and F.S. 720.306(9) layers enough requirements that even well-intentioned boards slip. A CAM who walks the board through an election without a statute-fidelity check almost guarantees a 60-day post-election challenge window that ends with a re-vote. This post covers the five rules that decide whether a director election will survive scrutiny.
What the statute says
The governing text is F.S. 720.306(9)(a):
The members of the board of directors shall be elected by written ballot or voting machine. Proxies shall in no event be used in electing the board of directors in general elections or to fill vacancies caused by resignation or otherwise, unless otherwise provided in the governing documents.
Two phrases control the analysis. "Written ballot or voting machine" is the specific form requirement. "Proxies shall in no event be used" is the prohibition that distinguishes director elections from every other membership vote. Together they define a procedure different from the proxy-eligible votes that govern budgets and reserves.
"What's the 60-day pre-election notice requirement?"
F.S. 720.306(9)(b) sets the first-notice clock. The association must mail, deliver, or electronically transmit a first notice of the date of the election at least 60 days before the election itself. The first notice includes the date, time, and location of the election, plus instructions for submitting candidacy.
Three practical notes for CAM teams:
- Mailing and electronic notice both count. A community that sent first notice only by email to members who opted in fails the statute if any member has not consented to electronic notice. The CAM's opt-in records determine which channel controls.
- The notice must identify the specific date. "Sometime in April" is not a statutory first notice. The date the notice specifies is the clock-starting event.
- A defective first notice voids the election. A challenge filed within the 60-day post-election window on notice-defect grounds usually prevails. The election is re-run, and the association pays the challenger's attorneys' fees under F.S. 720.305(1) if the defect was clear.
"How do candidates submit?"
F.S. 720.306(9)(b) requires an intent-to-run submission by the 40-day mark (20 days after the first notice, 40 days before the election). The submission must be in writing, signed by the candidate, and may be accompanied by an information sheet not exceeding one page.
Three things boards frequently get wrong:
- The submission is not a nomination. Florida HOA directors are not nominated; they self-submit candidacy. A board that maintains a "nomination committee" and rejects candidacies is acting outside the statute.
- One-page candidate information sheets cannot be edited by the board. The statute specifies the candidate's prepared sheet is attached to the second notice as-is. Censoring content is a procedural defect.
- Late submissions are excluded, full stop. A candidate who misses the 40-day deadline is ineligible unless the declaration provides otherwise (most do not).
"What's the second notice requirement?"
F.S. 720.306(9)(b) says the second notice must be sent 14 days before the election. The second notice includes the agenda, the ballot form, and any candidate information sheets. The ballot form specifies how members mark their vote, and the statute is explicit about what cannot appear on it (candidate endorsements by the board, incumbent identification styled to advantage the sitting director).
If the declaration requires secret ballots, the second notice must include the sealed-ballot mechanics (inner envelope + outer envelope with member identification).
"What happens if the election is uncontested?"
F.S. 720.306(9)(c) is the clause most boards miss. If the number of candidates who properly submit equals or is less than the number of seats open, an election is not held. The candidates take office by default on the election date. No ballot is mailed; the second notice explains that the seats are filled by acclamation.
Two practical implications:
- Boards that run a "pro forma" election in an uncontested year waste money and risk a procedural defect. Just follow the statute: the candidates are seated.
- Late-submitting candidates cannot force a contested election. The statute treats the 40-day deadline as jurisdictional.
Why this post exists
HOAStream pulls F.S. 720.306(9) alongside the declaration's election-procedure clauses in under 500 milliseconds, saving the CAM team the memo that precedes every annual election cycle. Nothing in this post or in the product is legal advice. For a specific election where a 60-day challenge window is open, a retained Florida HOA attorney is the right call.
If you want the full election-procedure statute stack alongside your community's declaration, sign up at /cam or /board.