Does a unit owner have to consent to electronic voting each year?

Not under the statute. Fla. Stat. § 718.128(5) provides that a unit owner’s consent to online voting is valid until the owner opts out according to the procedures the board established under subsection (4).

Does an electronic vote count toward quorum in a condominium association?

Yes. Fla. Stat. § 718.128(3) provides that a unit owner voting electronically under the section is counted as being in attendance at the meeting for purposes of determining a quorum. Where a quorum is established on that basis, a substantive vote may not be taken on any issue other than those specifically identified in the electronic vote.

What is the e-mail ballot option in § 718.128(7)?

When the association has not adopted online voting under subsections (1) through (6), subsection (7) requires it to designate an e-mail address for ballots and to count completed ballots transmitted to that address. The ballot must include a space for the unit number, a space for the owner’s first and last name that functions as the signature, and a secrecy-waiver statement in capital letters, in a font larger than any other used in the association’s e-mail. Ballots are due no later than the scheduled date and time of the meeting.

Chapter 718 · Condominiums

Fla. Stat. § 718.128 Electronic voting.

From the 2026 Florida Statutes · Official text at flsenate.gov

Statutory text

718.128 Electronic voting. — The association may conduct elections and other unit owner votes through an Internet-based online voting system if a unit owner consents, electronically or in writing, to online voting and if the following requirements are met: (1) The association provides each unit owner with: (a) A method to authenticate the unit owner’s identity to the online voting system. (b) For elections of the board, a method to transmit an electronic ballot to the online voting system that ensures the secrecy and integrity of each ballot. (c) A method to confirm, at least 14 days before the voting deadline, that the unit owner’s electronic device can successfully communicate with the online voting system. (2) The association uses an online voting system that is: (a) Able to authenticate the unit owner’s identity. (b) Able to authenticate the validity of each electronic vote to ensure that the vote is not altered in transit. (c) Able to transmit a receipt from the online voting system to each unit owner who casts an electronic vote. (d) For elections of the board of administration, able to permanently separate any authentication or identifying information from the electronic election ballot, rendering it impossible to tie an election ballot to a specific unit owner. (e) Able to store and keep electronic votes accessible to election officials for recount, inspection, and review purposes. (3) A unit owner voting electronically pursuant to this section shall be counted as being in attendance at the meeting for purposes of determining a quorum. A substantive vote of the unit owners may not be taken on any issue other than the issues specifically identified in the electronic vote, when a quorum is established based on unit owners voting electronically pursuant to this section. (4) This section applies to an association that provides for and authorizes an online voting system pursuant to this section by a board resolution. If the board authorizes online voting, the board must honor a unit owner’s request to vote electronically at all subsequent elections, unless such unit owner opts out of online voting. The board resolution must provide that unit owners receive notice of the opportunity to vote through an online voting system, must establish reasonable procedures and deadlines for unit owners to consent, electronically or in writing, to online voting, and must establish reasonable procedures and deadlines for unit owners to opt out of online voting after giving consent. (5) A unit owner’s consent to online voting is valid until the unit owner opts out of online voting according to the procedures established by the board of administration pursuant to subsection (4). (6) If at least 25 percent of the voting interests of a condominium petition the board to adopt a resolution for electronic voting for the next scheduled election, the board must hold a meeting within 21 days after receipt of the petition to adopt such resolution. The board must receive the petition within 180 days after the date of the last scheduled annual meeting. (7)(a) Unless the association has adopted electronic voting in accordance with subsections (1)-(6), the association must designate an e-mail address for receipt of electronically transmitted ballots. Electronically transmitted ballots must meet all the requirements of this subsection. (b) A unit owner may electronically transmit a ballot to the e-mail address designated by the association without complying with s. 718.112 (2)(d)4. or the rules providing for the secrecy of ballots adopted by the division. The association must count completed ballots that are electronically transmitted to the designated e-mail address, provided the completed ballots comply with the requirements of this subsection. (c) A ballot that is electronically transmitted to the association must include all of the following: 1. A space for the unit owner to type in his or her unit number. 2. A space for the unit owner to type in his or her first and last name, which also functions as the signature of the unit owner for purposes of signing the ballot. 3. The following statement in capitalized letters and in a font size larger than any other font size used in the e-mail from the association to the unit owner: WAIVING THE SECRECY OF YOUR BALLOT IS YOUR CHOICE. YOU DO NOT HAVE TO WAIVE THE SECRECY OF YOUR BALLOT IN ORDER TO VOTE. BY TRANSMITTING YOUR COMPLETED BALLOT THROUGH E-MAIL TO THE ASSOCIATION, YOU WAIVE THE SECRECY OF YOUR COMPLETED BALLOT. IF YOU DO NOT WISH TO WAIVE YOUR SECRECY BUT WISH TO PARTICIPATE IN THE VOTE THAT IS THE SUBJECT OF THIS BALLOT, PLEASE ATTEND THE IN-PERSON MEETING DURING WHICH THE MATTER WILL BE VOTED ON. (d) A unit owner must transmit his or her completed ballot to the e-mail address designated by the association no later than the scheduled date and time of the meeting during which the matter is being voted on. (e) There is a rebuttable presumption that an association has reviewed all folders associated with the e-mail address designated by the association to receive ballots if a board member, an officer, or an agent of the association, or a manager licensed under part VIII of chapter 468, provides a sworn affidavit attesting to such review. (8) This section may apply to any matter that requires a vote of the unit owners who are not members of a timeshare condominium association. History. — s. 4, ch. 2015-97; s. 15, ch. 2024-244; s. 11, ch. 2025-175.

Commentary

Scope

Subsection (8) provides that this section may apply to any matter requiring a vote of unit owners who are not members of a timeshare condominium association.

The board resolution comes first

Subsection (4) is the switch. The section applies to an association that provides for and authorizes an online voting system by board resolution. The resolution must provide that unit owners receive notice of the opportunity to vote online, and must set reasonable procedures and deadlines both for consenting — electronically or in writing — and for opting out after consent. Once the board has authorized online voting, it must honor an owner’s request to vote electronically at all subsequent elections unless that owner opts out.

The Internet-based system is therefore not automatic. But the section is not permissive throughout: subsection (6) imposes a meeting duty after a qualifying owner petition, and subsection (7) uses mandatory language for the separate e-mail-ballot path when no system under subsections (1) through (6) has been adopted.

Consent is per owner and runs until withdrawn

A unit owner consents electronically or in writing. Under subsection (5) the consent stays valid until the owner opts out under the procedures the board adopted. There is no annual reconsent and no expiry in the text.

What the association must give each owner

Subsection (1) sets three: a method to authenticate the owner’s identity to the system; for board elections, a method to transmit an electronic ballot that keeps each ballot secret and intact; and a method to confirm, at least 14 days before the voting deadline, that the owner’s device can successfully communicate with the system.

What the system must be able to do

Subsection (2) sets five: authenticate the owner’s identity; authenticate each electronic vote so it is not altered in transit; transmit a receipt to each owner who votes; for board elections, permanently separate authentication and identifying information from the ballot so that tying a ballot to an owner is impossible; and store votes so election officials can recount, inspect and review them.

Quorum

Under subsection (3) an owner voting electronically counts as being in attendance at the meeting for quorum. Where a quorum rests on electronic votes, a substantive vote may not be taken on any issue other than those specifically identified in the electronic vote — which makes the notice that goes out with the ballot the boundary of what the meeting can decide.

The owner petition

Subsection (6) gives owners a way to raise the question. If at least 25 percent of a condominium’s voting interests petition the board to adopt an electronic voting resolution for the next scheduled election, the board must hold a meeting within 21 days after receiving the petition to adopt such resolution. The petition must reach the board within 180 days after the date of the last scheduled annual meeting.

The e-mail ballot alternative

Subsection (7) applies where the association has not adopted electronic voting under subsections (1) through (6). The association designates an e-mail address for ballots and must count completed ballots sent to it. Such a ballot carries a space for the unit number and a space for the owner’s first and last name, which functions as the signature, together with a secrecy-waiver statement the statute prints in capital letters and requires to appear in a font larger than any other in the association’s e-mail. Paragraph (7)(b) permits this e-mail transmission without complying with s. 718.112(2)(d)4. or the division’s ballot-secrecy rules; the required statement makes that waiver explicit to the voter. Ballots are due no later than the scheduled date and time of the meeting at which the matter is voted on. A sworn affidavit from a board member, officer, agent or licensed manager attesting to review of the designated address creates a rebuttable presumption that the association reviewed all its folders.

What this page is not

This page reproduces a public statute and comments on it generally. It does not review any association’s records, website, building or circumstances, does not say whether any association meets a requirement, and does not recommend a course of action. The notice at the top of the page states the limits of what it is.

Common questions

What does a Florida condominium association need before it can use online voting?: Fla. Stat. § 718.128(4) requires a board resolution providing for and authorizing an online voting system. The resolution must provide that unit owners receive notice of the opportunity to vote online and must establish reasonable procedures and deadlines for owners to consent, electronically or in writing, and to opt out after giving consent.
Does a unit owner have to consent to electronic voting each year?: Not under the statute. Fla. Stat. § 718.128(5) provides that a unit owner’s consent to online voting is valid until the owner opts out according to the procedures the board established under subsection (4).
Does an electronic vote count toward quorum in a condominium association?: Yes. Fla. Stat. § 718.128(3) provides that a unit owner voting electronically under the section is counted as being in attendance at the meeting for purposes of determining a quorum. Where a quorum is established on that basis, a substantive vote may not be taken on any issue other than those specifically identified in the electronic vote.
Can unit owners require the board to consider electronic voting?: Fla. Stat. § 718.128(6) provides that if at least 25 percent of a condominium’s voting interests petition the board to adopt a resolution for electronic voting for the next scheduled election, the board must hold a meeting within 21 days after receiving the petition to adopt such resolution. The board must receive the petition within 180 days after the date of the last scheduled annual meeting.
What is the e-mail ballot option in § 718.128(7)?: When the association has not adopted online voting under subsections (1) through (6), subsection (7) requires it to designate an e-mail address for ballots and to count completed ballots transmitted to that address. The ballot must include a space for the unit number, a space for the owner’s first and last name that functions as the signature, and a secrecy-waiver statement in capital letters, in a font larger than any other used in the association’s e-mail. Ballots are due no later than the scheduled date and time of the meeting.