Florida Annual General Meeting Requirements for Condos, Co-Ops, and HOAs

Condominiums are subject to the provisions of the Florida Condominium Act. The operation of the association is governed by the bylaws and the articles of incorporation. The bylaws must provide the following, but are not limited to:

• A majority of the voting interests is required for a quorum at a members meeting unless otherwise stated in the bylaws
• Except as expressly provided within the code, unit owners may not vote by general proxy, only by limited proxies 
• Proxies may be used to establish a quorum
• A committee member or board member’s participation in a meeting electronically counts toward a quorum
• An annual meeting of the unit owners must be held in a location provided in the bylaws or within 45 miles of the condominium property, except for associations governing timeshare condominiums 
• Written notice of the annual meeting must contain the agenda and must be provided at least 14 days before the annual meeting (the notice must also be posted in a conspicuous place on the condominium property for 14 continuous days before the meeting)

Section §718.128 permits the association to hold unit owner votes and elections by using an internet-based online voting system with the written consent by the unit owner. All requirements under the code section must be met for electronic voting to be valid.

Co-ops are subject to the Cooperative Act. Specific statutes within the Act that apply to annual meetings including, but are not limited to:

• Unless the bylaws state otherwise, a majority of voting interests constitutes a quorum at a meeting of the members
• Unless the code explicitly allows, unit owners may not vote by general proxy after January 1, 1992
• Limited proxies may be used as adopted by the division
• Proxies may be used to establish a quorum
• Except under limited circumstances, proxies are not used to elect board members
• Board and committee members participating electronically count toward a quorum
• There must be an annual meeting of the shareholders
• Notice of annual meetings must be posted on the property for 14 continuous days and given to each unit owner at least 14 days before the meeting

Section 719.129 permits the association to hold unit owner votes and elections by using an internet-based online voting system with the written consent by the unit owner. All requirements under the code section must be met for electronic voting to be valid.

HOAs in Florida are subject to the Homeowners’ Association Act. Many of the provisions of the HOA laws are the same or similar to co-ops and condominiums. Some of the provisions of the Act that apply to annual meetings include, but are not limited to:

• The association shall hold an annual meeting for members
• Special meetings may be held as necessary
• Notice of the annual meeting must be given at least 14 days before the meeting by mail, delivery, or electronic transmission
• Members have the right to vote by proxy unless otherwise provided in the code or the association’s governing documents
• Unless otherwise provide by the bylaws, 30 percent of the total voting interests constitute a quorum 
• Members present in person or by proxy count toward a quorum

Electronic voting is permitted if a member consents in writing and all requirements under the code are met. Members voting electronically are counted as being in attendance at the meeting to determine a quorum.