Florida Statute 720.306: HOA Member Meetings, Voting and Elections

Quick answer: Florida Statute 720.306 sets the rules for HOA member (owner) meetings and director elections. Unless the bylaws set a lower number, quorum is 30% of the total voting interests. The association must hold an annual meeting, and special meetings can be called by the board or by 10% of the voting interests. If the bylaws are silent, owners get at least 14 days' notice, proven by an affidavit. Every owner may speak for at least 3 minutes on any item, proxies expire 90 days after the meeting they were given for, and no election is needed when there are no more candidates than open seats.

Section 720.306 covers the meetings where the owners, not the board, are the voting body: the annual meeting, special meetings, director elections and amendment votes. Board meetings follow a different section, which we cover in Florida Statute 720.303 HOA board meetings. Florida condominiums follow Chapter 718 instead, so this post is for homeowners' associations under Chapter 720.

Florida 720.306 at a glance

Quorum and how members decide

(a) Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests. Unless otherwise provided in this chapter or in the articles of incorporation or bylaws, decisions that require a vote of the members must be made by the concurrence of at least a majority of the voting interests present, in person or by proxy, at a meeting at which a quorum has been attained.

Two things trip up boards here. First, the 30% is of the total voting interests in the community, not of the owners who usually show up. Second, the statute lets the bylaws set a lower number, so check your bylaws before assuming 30% is the figure that applies; confirm with the statute and your attorney if your bylaws set a different number. If you regularly miss quorum, proxies (below) are the main tool for reaching it.

The annual meeting

The association shall hold a meeting of its members annually for the transaction of any and all proper business at a time, date, and place stated in, or fixed in accordance with, the bylaws. The election of directors, if one is required to be held, must be held at, or in conjunction with, the annual meeting or as provided in the governing documents.

Your bylaws fix when and where the annual meeting happens. The director election goes with it unless your governing documents provide otherwise. For an agenda that keeps the meeting moving, see how to run an HOA annual meeting.

Special meetings

Special meetings must be held when called by the board of directors or, unless a different percentage is stated in the governing documents, by at least 10 percent of the total voting interests of the association. Business conducted at a special meeting is limited to the purposes described in the notice of the meeting.

Because business is limited to the purposes in the notice, write the purpose clearly. A vague notice can make any vote taken at the meeting easy to challenge. Under 720.306(4), a special meeting notice must describe its purpose; an annual meeting notice does not have to, unless the law or your documents require it.

Notice of member meetings

If your bylaws already say how members get notice, follow them. If they don't, the statute fills the gap:

The association shall give all parcel owners and members actual notice of all membership meetings, which shall be mailed, delivered, or electronically transmitted to the members not less than 14 days prior to the meeting. Evidence of compliance with this 14-day notice shall be made by an affidavit executed by the person providing the notice and filed upon execution among the official records of the association.

Practical steps for the secretary:

1. Count back at least 14 days from the meeting date and send the notice by mail, hand delivery, or electronic transmission to owners who consented in writing to receive notice electronically (720.306(1)(g)).
2. Use the mailing address in the association's official records.
3. Sign the affidavit of mailing the day the notice goes out and file it in the official records.
4. Keep a copy of the notice and the mailing list with the affidavit.

For a broader look at notice timing across states, see how to schedule an HOA board meeting.

Owners' right to speak

Notwithstanding any provision to the contrary in the governing documents or any rules adopted by the board or by the membership, a member and a parcel owner have the right to speak for at least 3 minutes on any item.

The association can adopt written, reasonable rules on how often and how long owners speak and how they sign up, but those rules cannot cut the floor below 3 minutes per item. Owners also have the right to attend all membership meetings. Note the time limit and each speaker's topic in the minutes without trying to transcribe what was said.

Proxy voting

Members can vote in person or by proxy unless the statute or the governing documents provide otherwise. A valid proxy has to meet these requirements:

(a) To be valid, a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meeting for which it was originally given. A proxy is revocable at any time at the pleasure of the person who executes it.

A proxy form that is missing the meeting date, time or place, or that is unsigned, should be set aside and the reason noted. If the form allows it, a proxy holder may appoint a substitute in writing.

Secret ballots for absentee director votes

If your governing documents allow absentee secret-ballot voting for directors, 720.306(8)(b) requires a two-envelope system: an unmarked inner envelope holding the ballot, inside an outer envelope showing the member's name, the lot or parcel, and the owner's signature. Once eligibility is confirmed and no other ballot came in for that parcel, the inner envelope is separated and counted with the ballots cast in person. Two ballots for the same parcel disqualify both, and ballots received after balloting closes cannot be counted.

Elections and candidates

Under 720.306(9)(a), elections follow the procedures in your governing documents. Any member can serve on the board, subject to the eligibility rules below, and a member may nominate himself or herself at the meeting where the election is held, unless the process allows nominations in advance, in which case floor nominations are not required. The statute then answers the question every secretary asks:

An election is not required unless more candidates are nominated than vacancies exist. If an election is not required because there are either an equal number or fewer qualified candidates than vacancies exist, and if nominations from the floor are not required pursuant to this section or the bylaws, write-in nominations are not permitted and such qualified candidates shall commence service on the board of directors, regardless of whether a quorum is attained at the annual meeting. Except as otherwise provided in the governing documents, boards of directors must be elected by a plurality of the votes cast by eligible voters. Any challenge to the election process must be commenced within 60 days after the election results are announced.

Who cannot run, and who loses a seat

A person delinquent in any fee, fine or other monetary obligation to the association on the last day to be nominated cannot run, and his or her name stays off the ballot (720.306(9)(b)). For sitting directors:

A person serving as a board member who becomes more than 90 days delinquent in the payment of any fee, fine, or other monetary obligation to the association shall be deemed to have abandoned his or her seat on the board, creating a vacancy on the board to be filled according to law.

The same subsection bars felons from seeking election unless their civil rights have been restored for at least 5 years, and it says board actions stay valid even if a director later turns out to have been ineligible. Election disputes go to binding arbitration with the state division or to court (720.306(9)(c)).

Filling vacancies

Unless the bylaws say otherwise, the remaining directors may fill a vacancy by majority vote, even if they are less than a quorum, or the board may hold an election under the governing documents. The appointee serves out the unexpired term. Vacancies created by recall follow 720.303(10) and the division's rules (720.306(9)(c)).

Amendments voted on at member meetings

If your documents don't set a different threshold, most governing documents can be amended by two-thirds of the voting interests (720.306(1)(b)). A proposal has to show the full text of the provision, with new language underlined and deleted language struck through (720.306(1)(e)). Within 30 days after recording an amendment, the association must give members a copy, or a notice with the recording reference if members already saw the final text before the vote. Rental restrictions adopted after July 1, 2021, have their own limits in 720.306(1)(h); confirm with the statute and your attorney before voting on one.

Recording meetings

Any parcel owner may tape record or videotape meetings of the board of directors and meetings of the members. The board of directors of the association may adopt reasonable rules governing the taping of meetings of the board and the membership.

A recording is not a substitute for minutes. Minutes are the official record; see what to include in HOA meeting minutes and, for vote wording, how to record a motion and vote in HOA board minutes.

Secretary's checklist for a Florida member meeting

• Confirm the meeting date, time and place against the bylaws.
• Send notice at least 14 days ahead (or as the bylaws require), and file the signed affidavit.
• For a special meeting, state every purpose in the notice.
• Prepare a sign-in sheet and a proxy log. Check each proxy for date, meeting details and signature.
• Count quorum against total voting interests, in person plus valid proxies.
• Allow each owner at least 3 minutes per item.
• If there are no more candidates than seats, announce that the candidates take office without a vote.
• Record the results, the vote counts and any adjournment in the minutes. Note the 60-day window for election challenges.

Where the money side fits

Member meetings are where owners hear about the budget and the reserves. If the annual meeting includes a financial report, our sister sites cover the substance: Florida's 2026 HOA law changes are summarized in Florida HOA laws 2026, and HOA financial statements explained walks through what owners will ask about.

The statute text above is from the 2026 Florida Statutes as published by the Florida Senate. Confirm with the statute and your attorney before relying on a specific requirement, and check your bylaws, which can change several of these defaults.

This is not legal advice. Talk with a Florida HOA attorney about your association's specific documents.

FAQ

What is the quorum for a Florida HOA member meeting? Thirty percent of the total voting interests, unless the bylaws set a lower number (720.306(1)(a)).

How much notice does a Florida HOA need to give for an annual meeting? If the bylaws don't address it, at least 14 days, by mail, delivery, or electronic transmission to owners who consented, with an affidavit of compliance filed in the official records (720.306(5)).

How long is a proxy good for in a Florida HOA? Only for the meeting it was given for, including lawful adjournments, and it expires automatically 90 days after that meeting (720.306(8)(a)).

Does a Florida HOA have to hold an election if there are not enough candidates? No. If the number of candidates is equal to or less than the open seats, and floor nominations are not required, the candidates take office without an election, whether or not quorum is reached (720.306(9)(a)).

Can a delinquent owner run for the Florida HOA board? No. A person delinquent in any fee, fine or other monetary obligation on the last day to be nominated cannot run, and a sitting director more than 90 days delinquent is deemed to have abandoned the seat (720.306(9)(b)).

Cover: Photo by Tara Winstead on Pexels