Published on: 16690128. Chapter 2015-97, Laws of Florida, created Section 718.128, Florida Statutes, to allow for condominium associations to conduct elections and other unit owner votes through an online voting system. The Division proposes this rule amendment to reflect the above legislative change to Chapter 718, Florida Statutes, and to update election procedures regarding ineligible candidates.
Published on: 16254792. The purpose and effect of the proposed rule is to update the procedures governing condominium association elections regarding ineligible candidates and electronic voting procedures provided for in the recently enacted Chapter 2015-97.
Published on: 308768. Rule 61B-23.0021, FA.C., in conjunction with Section 718.112(2)(d)3., F.S., provides procedures for the conduct of condominium association elections. These procedures include, but are not limited to, providing notice of the date of the election by mail or delivery not less than 60 days before a scheduled election; providing candidate information sheets to eligible voters; and providing that written ballots shall contain the name of each eligible candidate. This rule amendment proposes that the association’s failure to follow any of these three mandated procedures shall render any election so held null and void. These election errors are fundamental in nature, and the failure to provide adequate notice of an election, the failure to include candidate information sheets, and the failure of an association to place all the names of all eligible names on the ballot implicate the statutory right to vote as well as the right to run for office. Providing this rule will offer guidance to associations who commit these and other errors and will permit an association to cancel an election where fundamental pre-election error has occurred, thereby saving the time and expense of going forward with a void election.
Note that these rule amendments will re-adopt rule provisions previously included in rule 61B-23.0021, FAC., but deleted in order to reduce the overall quantity of rules existing in this area.
Published on: 191495. Rule 61B-23.0021, F.A.C., in conjunction with Section 718.112(2)(d)3., F.S., provides procedures for the conduct of condominium association elections. These procedures include, but are not limited to, providing notice of the date of the election by mail or delivery not less than 60 days before a scheduled election; providing candidate information sheets to eligible voters; and providing that written ballots shall contain the name of each eligible candidate. This rule amendment proposes that the association’s failure to follow any of these three mandated procedures shall render any election so held null and void. These election errors are fundamental in nature, and the failure to provide adequate notice of an election, the failure to include candidate information sheets, and the failure of an association to place all the names of all eligible names on the ballot implicate the statutory right to vote as well as the right to run for office. Providing this rule will offer guidance to associations who commit these and other errors and will permit an association to cancel an election where fundamental pre-election error has occurred, thereby saving the time and expense of going forward with a void election.
Note that these rule amendments will re-adopt rule provisions previously included in rule 61B-23.0021, FAC., but deleted in order to reduce the overall quantity of rules existing in this area.