“Election Questions: Campaign Events and Candidate Eligibility” – News-Press
Q: The election for the board of directors of my homeowners’ association is coming up in a few weeks. Several candidates held a meet-the-candidates event in the community clubhouse, where drinks and snacks were served. Now, some owners are asserting that because we gave people drinks and snacks, we have committed election fraud and are not eligible to serve on the board. Are they correct? (F.R., via email)
A: Chapter 720, Florida Statutes, the Florida Homeowners’ Association Act, identifies certain actions as fraudulent voting activities in association elections. Section 720.3065 of the Act discusses fraudulent voting activity. One prohibited activity is giving or promising anything of value to another member with the intent to buy the vote of that member or another member, or to corruptly influence how they cast their vote.
However, the statute expressly provides exceptions to this prohibition. It does not apply to food served and consumed at an election rally or meeting, nor does it apply to items of nominal value used for campaign purposes, such as campaign buttons.
Based on the facts you provided, drinks and snacks were served during a candidate campaign event described as a meet-the-candidates forum. Accordingly, this activity does not appear to constitute prohibited fraudulent voting activity under the statute.
For condominium associations, Section 718.112(2)(r) of the Florida Condominium Act contains similar provisions regarding fraudulent voting activities. The Condominium Act likewise includes an exception for food served and consumed at an election rally or meeting, as well as items of nominal value used as election advertisements, such as campaign buttons.
Q: I am on the board of directors of my condominium association, and we are preparing the second notice for the annual meeting, during which an election for the board of directors will be held. We recently discovered that several individuals who expressed interest in being candidates failed to submit a written notice of intent to be a candidate to the association by the deadline stated in the first notice. Many residents believe these individuals would make strong board members and would like their names included on the ballot. However, their failure to submit a timely notice of intent appears to be a problem. What options do we have? (S.F., via email)
A: Chapter 718, Florida Statutes, the Florida Condominium Act, establishes specific procedures governing the election of directors. Section 718.112(2)(b)5.a. outlines the election process and requires that any unit owner or other eligible person seeking election to the board submit a written notice of intent to be a candidate to the association at least forty (40) days before the scheduled election.
In addition, arbitration decisions issued by the Division of Condominiums, Timeshares, and Mobile Homes have addressed situations involving untimely candidate notices. These decisions consistently hold that prospective candidates bear the responsibility for ensuring that their notices of intent are submitted on time.
If a candidate fails to meet the statutory deadline, the association may not accept the late notice. Furthermore, if the association were to place the name of an ineligible candidate on the ballot, it could be required to conduct a new election because the original election included a candidate who did not satisfy the legal requirements, thereby potentially invalidating the results.
Based on the circumstances you described, individuals who expressed interest in serving on the board but failed to submit a timely notice of intent are not eligible to appear on the ballot in this election. As a result, they would need to wait until the next election cycle to seek a position on the board.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.
