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 ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Florida Land Sales, Condominiums and Mobile Homes

RULE NO: RULE TITLE
61B-23.0021: Regular Elections; Vacancies Caused by Expiration of Term, Resignations, Death; Election Monitors
PURPOSE AND EFFECT: 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.
SUBJECT AREA TO BE ADDRESSED: This rule amendment proposal address instances in which a condominium association election may be held null and void.
SPECIFIC AUTHORITY: 718.112(2)(d)3. FS., 718.501(1)(f) FS., 718.5012(9) FS.
LAW IMPLEMENTED: 718.112 FS., 718.301 FS., 718.5012(9) FS.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Sharon A. Malloy, Senior Management Analyst II, at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Sharon A. Malloy, Senior Management Analyst II, Division of Florida Land Sales, Condominiums and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-1030

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.