New Law (HB 913) Expands Electronic Voting Rights for Condominium Associations in Florida

By: Ben Solomon, Esq.

Condominium and homeowners’ associations (HOAs) across Florida now have a more streamlined path to implement electronic voting, thanks to Florida House Bill 913 (HB 913), signed into law by Governor Ron DeSantis and made effective as of July 1, 2025. This new legislation revises key portions of Fla. Stat. §718.128, the section that governs online voting for condo associations.

Key Legislative Change

Among the most notable revisions is the elimination of the 14-day advance written notice requirement for the board meeting at which a resolution to adopt online voting is considered. By removing this barrier, the statute enhances the ability of associations to modernize election procedures efficiently.

What HB 913 Does

Associations are now authorized to:

• Conduct elections and unit owner votes via an internet-based online voting platform, provided owners affirmatively consent in writing or electronically.

• Adopt a board resolution establishing electronic voting procedures, which must include:

  • Methods for owners to opt in and opt out;

  • Reasonable deadlines for consent or revocation;

  • Secure systems for vote authentication and electronic delivery.

• Bypass the previous 14-day notice requirement (as of July 1, 2025).

• Utilize a new alternative under subsection (7) for email-based voting, applicable to associations that choose not to adopt an online voting platform.

Important Distinction: Email Voting vs. Online Voting System

Subsection (7) introduces the option to conduct elections via email ballot, but with significant procedural requirements. Associations utilizing this alternative must:

• Send notice of the meeting and the ballot to each unit owner who has consented to receive electronic communications;

• Ensure the ballot:

  • Lists each issue clearly;

  • Includes instructions for returning the completed ballot;

  • Provides a deadline for receipt;

• Authenticate each voter’s identity;

• Maintain email ballots per statutory recordkeeping standards;

• Include a waiver of secrecy statement, clarifying that votes cast via email will not be anonymous.

Failure to comply with any of these requirements may result in the invalidation of election results, exposing associations to legal liability.

Why a Formal Online Voting System is Recommended

While the statute provides flexibility, using a structured and compliant electronic voting system for associations in Florida—like the one provided by VotingPortals.com—is strongly encouraged. These systems offer:

• Verified identity authentication

• Legally compliant electronic voting

• Maintains Confidential voting and secrecy

• Secure logs and data archiving

• Highest level of security to ensure that your data & privacy are protected

This approach reduces administrative burdens and legal exposure, while enhancing transparency for members and saving cost.

Steps to Adopt Online Voting in Your Association

Make the transition to online voting simple and compliant:

1.     Schedule a board meeting to adopt the necessary resolution.

2.     Allow owners to opt in by submitting a digital consent form through our platform.

3.     Select an online voting solution that meets all Florida legal requirements.

4.     Enable residents to log in and vote securely from anywhere in the world.

Questions & Clarifications

Q: Does HB 913 impact our condo even if we haven’t adopted e-voting yet?

A: Yes. If your association has not adopted an e-voting platform under subsections (1)-(6), it must follow the email voting provisions in subsection (7), including the waiver of secrecy.

Q: What are the risks of using email ballots instead of a formal platform?

A: Associations bear the responsibility of ensuring compliance with every procedural requirement. Any deviation may render the election void or challengeable.

Q: What happens if our association attempts e-voting and makes procedural errors?

A: Legal challenges from members may result in invalidation of the election and liability for the board or management.

Need Help? Our Affiliated Law Firm Can Assist

Our affiliated law firm, Association Law Group (ALG), offers associations everything they need to legally implement electronic voting in Florida, including:

• Board resolutions

• Owner consent/revocation forms

• Meeting notices

• Legal guidance on statutory compliance

Try VotingPortals.com, a trusted platform designed to simplify the voting process for Florida’s condo and HOA communities.