Does your homeowners association conduct nominations from the floor at its annual election?  Recent changes to the Florida Statutes governing homeowners associations have given some associations the right to choose to forego nominations from the floor as a part of that association’s annual elections process.  But, before your association decides to take this important step out of its annual election process, you should make sure that your documents are analyzed for compliance with the statutory requirements for this action. 

Florida Statute §720.306(9)(a) states, in part, the following with regard to nominations for elections: “Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association. All members of the association are eligible to serve on the board of directors, and a member may nominate himself or herself as a candidate for the board at a meeting where the election is to be held; provided, however, that if the election process allows candidates to be nominated in advance of the meeting, the association is not required to allow nominations at the meeting. An election is not required unless more candidates are nominated than vacancies exist…”  Many associations, having read this section too quickly, jump to the part where the association is not required to allow nominations at the meeting and remove that item from the agenda and the conduct of the meeting.  But, your association should pay attention to at least two other important sections of that same statute:

1. Your association must follow the election procedures set forth in the governing documents of the association.  As such, even if the statute may allow the association to forego nominations from the floor, to the extent that your documents clearly or implicitly require nominations from the floor at the annual election, you still need to allow for such nominations at the meeting.

2. Your association’s elections process must allow for nominations in advance of the meeting, in order to forego the nominations at the election meeting.  As such, typically, your association’s documents must address this right to be nominated in advance of the meeting.  If they do not clearly give members that right, our recommendation will likely be to allow for nominations from the floor at the meeting. 

We at Clayton & McCulloh generally advise that homeowners associations engage in activities that reduce the risk of challenge to the association.  As such, unless your association’s documents clearly comply with the statutory requirements for foregoing nominations at the election meeting, we will generally advise that such nominations be allowed to occur. 

Elections are an important part of your association’s activities.  Conducting them properly is critical.  As such, if your association has any questions regarding the conduct of your election or your annual meeting, please contact your association’s legal counsel. 

Does your association allow for nominations from the floor?  Have you used the new statutory language to forego nominations from the floor at your elections?