“Understanding Non-Votes in Associations” – News-Press
Q: I recently read an article you published explaining that if a majority of votes are required to approve a material change at a condominium that a non-vote is considered a “no” vote. In 2026 is a non-vote at a condominium still considered a “no” vote? (K.D., via e-mail)
A: Like many things in the law, it depends. Whether a unit owner who does not participate, a “non-vote,” is effectively a “no vote” depends on specific language in the condominium documents.
When the required level of approval is based on the total percentage of all voting interests in the association, then a “non-vote” is the same as a “no vote.” For example, Section 718.113(2)(a) of the Florida Condominium Act discusses the required level of approval for material alterations to the common elements of the condominium and states that if the declaration is silent, then 75% of the total voting interests of the association must approve. Therefore, the statutory default for material alterations is based on a percentage of the total voting interest of the association, and a “non-vote,” which is an owner who chooses to not participate in the vote at all, is the same as the “no vote.”
However, many documents are drafted to base the required level of approval not on the total voting interests but on the voting interests who participate in the vote, at a membership meeting where there is a quorum. For condominium associations, a quorum is typically a majority of the total voting interests in the condominium association. So, if there is a quorum present, the vote is based on a percentage of those members. For example, many documents state that two-thirds (2/3rds) of the owners present, in person or by proxy, at a meeting where there is a quorum, is the required level of approval for certain actions.
As such, in order to determine whether, in your situation, a “non-vote” is the same as a “no vote,” you must review the specific language of your condominium documents to determine whether the drafter intended to base the requirement for the vote on everybody, the total voting interest, or only those members participating at a meeting where there is a quorum.
A similar analysis applies to votes in the homeowners’ association context and the specific language of the governing documents would have to be reviewed. However, pursuant to section 720.306(1) of the Florida Homeowners’ Act provides that unless the governing documents provide for a lower number, a quorum for a homeowners’ association is 30% of the total voting interests in the association.
Q: My condominium association recently voted on amendments to the documents. Now a question has come up as to when the amendments become effective? (M.U., via e-mail)
A: For condominium associations, Section 718.110(3) of the Florida Condominium Act provides that “[A]n amendment of a declaration is effective when properly recorded in the public records of the county where the declaration is recorded.” The same holds true for the articles of incorporation and bylaws, which are typically exhibits to the declaration. Additionally, amendments to the articles of incorporation must be filed with the Secretary of the State of Florida.
The same analysis holds true for homeowners’ associations governed by Chapter 720, the Florida Homeowners’ Act. Section 720.306(1)(e) of the Florida Homeowners’ Act provides that “[A]n amendment to a governing document is effective when recorded in the public records of the county in which the community is located.”
In order to properly record amendments, the association would need to prepare a certificate of amendment which must be executed by the officers of the association in the same manner as a deed, notarized with two witnesses. If the association has questions regarding properly memorializing amendments to the governing documents the association should consult with their legal services provider.
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.
