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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (Homeowners' Association Act)
Florida lot-and-parcel communities are generally governed by the Homeowners' Association Act (Chapter 720, Fla. Stat.), and your recorded declaration of covenants controls how it may be amended. If the governing documents do not specify a method, an amendment generally requires the affirmative vote of two-thirds of the voting interests (Fla. Stat. § 720.306(1)(b)). Proposed changes generally must be circulated in full text, with new wording underlined and deleted wording stricken, and the amendment generally becomes effective only when recorded in the county's public records (§ 720.306(1)(e)).
Condominiums (Condominium Act)
Florida condominiums are generally governed by the Condominium Act (Chapter 718, Fla. Stat.), and the recorded declaration sets the amendment threshold. Where the declaration provides no method, it may generally be amended by the owners of not less than two-thirds of the units (Fla. Stat. § 718.110(1)(a)). For declarations recorded after April 1, 1992, the statute generally caps the required approval at four-fifths of the voting interests for most amendments, and certain unit-level changes can require additional consent (§ 718.110(4)).
How the vote can run
Florida law generally lets an association authorize an online voting system by board resolution, with members consenting in writing or electronically and able to opt out (Fla. Stat. §§ 718.128, 720.317). Written ballots and, for substantive votes such as amendments, limited proxies are also commonly used, while condominium board-member elections generally cannot be conducted by proxy. Electronic systems generally must authenticate each voter and, where a secret ballot is required, separate identifying information from the ballot, and electronic voters generally count toward quorum.
Before we quote
Florida details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Florida vote has to answer.
Whether the community is a planned community under Chapter 720 or a condominium under Chapter 718 generally determines which amendment and voting rules apply.
The recorded declaration generally controls; the statutory two-thirds figure is usually only a default that applies when the governing documents are silent (Fla. Stat. §§ 720.306(1)(b), 718.110(1)(a)).
Condominium declarations recorded after April 1, 1992 generally may not require more than four-fifths approval for most amendments (Fla. Stat. § 718.110(1)(a)).
Notice of a proposed amendment generally must include the full text, with new wording underlined and deletions stricken (or a 'substantial rewording' notation) (Fla. Stat. §§ 720.306(1)(e), 718.110(1)).
Some changes need more than a vote: condominium amendments that change a unit's size or configuration, or its share of the common elements or expenses, generally require consent of the affected owner and the other unit owners (Fla. Stat. § 718.110(4)).
An amendment generally becomes effective only when recorded in the public records of the county where the declaration is recorded (Fla. Stat. §§ 718.110(3), 720.306(1)(e)).
Online voting generally requires a board resolution, member opt-in (in writing or electronically) with an opt-out, voter authentication, and ballot-secrecy protections (Fla. Stat. §§ 718.128, 720.317).
Lender/mortgagee consent can matter: for HOA mortgages recorded after July 1, 2013, consent is generally enforceable only for amendments affecting lien priority or materially affecting mortgagee rights, and may be deemed given if there is no response within 60 days (Fla. Stat. § 720.306(1)(d)).
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