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How to Fight an Unfair Florida HOA Election

POSTED ON May 4, 2026

Key Takeaways

  • DBPR arbitration is the mandatory first step for election disputes. Both condominium and HOA election challenges must be filed through the Florida Department of Business and Professional Regulation’s Division of Florida Condominiums, Timeshares, and Mobile Homes. Private litigation without first seeking DBPR arbitration is generally not available for these disputes.
  • The 60-day filing deadline is strict and unforgiving. Under Section 720.306(9)(c), Florida Statutes, a petition challenging an HOA election must be filed with DBPR within 60 days after the announcement of the election results. Missing this deadline will typically result in dismissal of your challenge.
  • HOA election challenges require a pre-suit notice step. Before filing a petition for arbitration in an HOA election dispute under Section 720.311, Florida Statutes, the homeowner must provide written notice of the dispute, a written demand for relief, and notice of intent to file for arbitration. Skipping these steps may be fatal to your petition.
  • The prevailing party recovers attorney fees. Both Chapter 718 and Chapter 720 provide that the prevailing party in an election dispute arbitration or related legal proceeding is entitled to recover reasonable attorney fees from the losing party. This provision applies in both directions — it applies to homeowners who prevail and to associations that prevail.
  • Election fraud or severe irregularities may warrant emergency relief. In cases involving ballot fraud, denial of the right to vote, or procedural violations so severe that the integrity of the election cannot be established, a petitioner may seek emergency relief from DBPR or the circuit court pending resolution of the arbitration proceeding.

In This Article

  • Short Answer
  • How Florida Law Handles This Issue
  • Key Legal Rules
  • Condo vs. HOA Election Challenge Comparison Table
  • How This Issue Typically Comes Up
  • Common Mistakes Homeowners Make
  • What Associations Typically Argue — and Why It Fails
  • How Courts Handle This
  • Edge Cases and Nuances
  • What Homeowners Should Do
  • When Legal Action May Be Necessary
  • Actionable Summary
  • Related Knowledge — Cross-Chapter Linking
  • Frequently Asked Questions
  • Key Terms Defined
  • Conclusion
  • About the Author

Short Answer

If you believe your Florida HOA or condominium election was unfair, rigged, or procedurally defective, you have legal remedies — but they must be pursued quickly and through the correct channel. For HOA elections, Section 720.306(9)(c), Florida Statutes, requires you to file a petition for arbitration with DBPR within 60 days of the announcement of results. For condominium elections, Section 718.112(2)(d) and Section 718.1255 govern the process. You must follow required pre-suit notice steps before filing for an HOA dispute. The types of violations that can support a challenge include improper notice, proxy manipulation, candidate eligibility issues, ballot fraud, and failure to hold a required election. The remedy may include invalidation of the election, a new election, or both. Florida law provides a structured, accessible pathway to challenge unfair elections — but that pathway has strict deadlines that cannot be extended. A Delray Beach, FL HOA lawyer can help you navigate the process, meet all procedural requirements, and protect your rights.

How Florida Law Handles This Issue

Florida law treats condominium and HOA elections as governed matters subject to statutory requirements and mandatory dispute resolution. Both Chapter 718 (condominiums) and Chapter 720 (HOAs) provide the procedural framework for elections and for challenging results that did not comply with that framework.

For HOAs, Section 720.306(9) sets out the election requirements and the challenge mechanism. Section 720.306(9)(c) contains the critical 60-day deadline:

“Any challenge to the election process must be commenced within 60 days after the election results are announced.”

Section 720.306(9)(c) further provides:

“Any election dispute between a member and an association must be submitted to binding arbitration with the division or filed with a court of competent jurisdiction.”

For condominium elections, Section 718.112(2)(d) governs the election procedures, including notice requirements:

“Written notice of an annual meeting must include an agenda; be mailed, hand delivered, or electronically transmitted to each unit owner at least 14 days before the annual meeting; and be posted in a conspicuous place on the condominium property or association property at least 14 continuous days before the annual meeting.”

Section 718.112(2)(d)5.a. further requires that the association mail, deliver, or electronically transmit a second notice of the election together with a ballot listing all candidates not less than 14 days or more than 34 days before the date of the election. Any challenge to the condo election process must be commenced within 60 days after the election results are announced. See Section 718.112(2)(d)5.c., Fla. Stat.

The mandatory DBPR arbitration framework for election disputes is established under Section 718.1255 for condominiums and Section 720.311 for HOAs. These provisions require that election disputes be submitted to binding arbitration before the DBPR rather than filed directly in circuit court. The arbitration process is designed to be faster and less expensive than circuit court litigation, with arbitrators who are knowledgeable in community association law.

Pre-suit notice requirements for HOA disputes under Section 720.311 include providing written notice of the dispute, a written demand for the specific relief sought, and advance notice of intent to file for arbitration. These procedural prerequisites must be satisfied before a petition for arbitration is accepted.

  • Rule 1: DBPR arbitration is mandatory. Election disputes in both condominiums and HOAs must be submitted to DBPR arbitration before circuit court litigation. Exception: If the dispute involves a constitutional or civil rights violation, or if both parties agree to mediation or litigation in lieu of arbitration, there may be alternatives. Application: A homeowner in a Broward County HOA who believes the board stole an election must file a DBPR petition, not a circuit court lawsuit, as the first step.
  • Rule 2: Sixty-day filing deadline for HOA election challenges. Section 720.306(9)(c) requires that the DBPR petition be filed within 60 days of the announcement of the election results. This deadline is strictly enforced. There is no provision for extension based on the homeowner’s ignorance of the deadline or the time needed to gather evidence.
  • Rule 3: Pre-suit notice required for HOA disputes. Section 720.311 requires that a homeowner provide the association with written notice of the dispute and a written demand for relief before filing for arbitration. Application: The written demand must identify the specific violation and the relief sought. A demand that is too vague may not satisfy the pre-suit requirement.
  • Rule 4: Notice requirements for elections are statutory minimums. Section 718.112(2)(d) requires at least 14 days’ notice before a condominium election. Failure to provide proper notice is a procedural ground for challenging the election. The declaration may impose stricter notice requirements.
  • Rule 5: Prevailing party recovers attorney fees. Both Chapter 718 and Chapter 720 provide for attorney fee awards to the prevailing party in election disputes. See Section 718.303 and Section 720.305, Fla. Stat. This provision applies to homeowners who prevail and to associations that prevail.
  • Rule 6: Board vacancies must be filled by election, not unilateral appointment, where required. If the governing documents require an election to fill a board vacancy and the board instead appoints a successor without an election, that appointment may be void and challengeable through the DBPR process.
  • Rule 7: The arbitrator may void the election and order a new one. DBPR arbitrators have authority to invalidate an election that was conducted in material violation of the statute or governing documents and to order that a new election be conducted under proper procedures.

Condo vs. HOA Election Challenge: Key Differences

Issue Condo (Chapter 718) HOA (Chapter 720)
Filing deadline Typically 60 days from announcement of results per DBPR rules 60 days from announcement of results under Section 720.306(9)(c)
Pre-suit requirements DBPR arbitration petition filed directly; no separate pre-suit notice step required by statute Written notice of dispute, written demand for relief, and notice of intent to file arbitration required under Section 720.311
DBPR division Division of Florida Condominiums, Timeshares, and Mobile Homes — arbitration under Section 718.1255 Division of Florida Condominiums, Timeshares, and Mobile Homes — arbitration under Section 720.311
Arbitration vs. mediation Binding arbitration mandatory for election disputes under Section 718.1255 Binding arbitration mandatory; mediation may be required for non-election disputes under Section 720.311
Notice requirements for elections Section 718.112(2)(d): 14 days minimum before election; self-nomination up to 40 days before Governed by Section 720.306(9) and the association’s bylaws; minimum notice varies
Who has standing to challenge Any unit owner eligible to vote in the election Any homeowner eligible to vote in the HOA election

How This Issue Typically Comes Up

Proxy manipulation and unauthorized voting

In a Miami-Dade HOA, a board member collects proxy forms from absent homeowners for an upcoming board election. Some of those proxies are filled in after collection to designate votes for the incumbent board’s preferred candidates. Homeowners who submitted proxies discover that their designated choices were overridden. This constitutes ballot fraud and a violation of the proxy rules under Section 720.306(9). A timely DBPR petition — filed within 60 days of the results announcement — can challenge the election on this basis and seek a new election with independent oversight.

Failure to provide the required notice of the election meeting

In a Broward County condominium, the board schedules an annual meeting and election but provides only 7 days’ notice rather than the 14-day minimum required by Section 718.112(2)(d). Several eligible candidates who were not already nominated do not learn of the election in time to submit their candidacy. The board’s preferred slate wins. The abbreviated notice period violated the statutory requirement and denied candidates and voters their right to participate. A petition to DBPR can challenge the election on notice grounds.

Board fills vacancies through appointment instead of election

An Orlando HOA’s bylaws require that any vacancy occurring within 60 days before the end of a term be filled by election at the annual meeting. Instead of holding an election, the incumbent board votes to appoint two new members, citing an “emergency” exception that does not appear in the governing documents. Homeowners who wanted to run for those seats are denied the opportunity. This type of self-dealing appointment — made without a governing document basis — is a violation of the election procedures and can be challenged through a DBPR petition.

Common Mistakes Homeowners Make

  • Missing the 60-day filing deadline. This is the single most common and most fatal mistake. Florida law does not provide for extensions based on ignorance of the deadline or the time needed to build a case. Once the deadline passes, the right to challenge the election through DBPR is gone.
  • Failing to satisfy the pre-suit notice requirements for HOA disputes before filing. A DBPR petition that does not reflect compliance with the Section 720.311 pre-suit requirements may be rejected or dismissed.
  • Challenging the wrong election. The DBPR election challenge process applies to board elections. Disputes about rule enforcement, fines, or covenant violations are handled through separate dispute resolution processes.
  • Relying on informal complaints to the board rather than a formal written demand. A verbal complaint or an email expressing general dissatisfaction does not satisfy the written notice and demand requirements of Section 720.311.
  • Waiting to see what happens before filing. In election disputes, gathering additional evidence does not stop the 60-day clock. Filing a petition within the deadline with available evidence is better than a perfect petition filed one day late.

What Associations Typically Argue — and Why It Fails

“The violation was minor and did not affect the outcome of the election.”

While materiality may be relevant in some contexts, a violation of a statutory requirement — such as the 14-day notice requirement under Section 718.112(2)(d) or the proxy rules under Section 720.306(9) — is generally sufficient to support a challenge without requiring a showing that the violation changed the result. DBPR arbitrators have authority to void elections for procedural violations of the governing statute.

“The homeowner did not participate in the election, so they lack standing.”

Standing to challenge an HOA or condominium election is generally extended to any member eligible to vote, not just those who actually voted. A homeowner who was denied the opportunity to participate because of improper notice or who chose not to vote in an election they believed was corrupt retains standing to file a petition.

“The challenge was untimely.”

This argument is valid if the petition was filed more than 60 days after the announcement of results. Associations sometimes argue that the clock started earlier than the formal announcement. This issue turns on when the results were formally “announced” under the statute and the facts of the specific election.

How Courts Handle This

DBPR arbitrators apply the statute and the governing documents to the facts of the election. The arbitrator will examine the election procedures actually followed, the notice provided, the ballot process, the counting of votes, the handling of proxies, and the eligibility of voters and candidates. The burden is on the petitioner to establish that a violation occurred and, in some cases, that the violation was material to the election outcome.

When the arbitrator finds that the election was conducted in violation of the statute or governing documents, the typical remedy is a declaration that the election was void and an order requiring a new election to be conducted under proper procedures. The arbitrator may also impose conditions on the new election, such as requiring independent supervision, specific notice requirements, or restrictions on proxy use.

After the arbitration proceeding, the losing party may petition the circuit court for de novo review of the arbitrator’s legal conclusions. Courts in Miami-Dade, Broward, and across Florida have generally upheld DBPR arbitration awards in election disputes where the record supported a finding of statutory or documentary violation.

Edge Cases and Nuances

  • Electronic voting and digital ballot irregularities. Some associations have adopted electronic voting systems. If the electronic voting platform does not comply with the requirements of Section 720.306(9) or the applicable DBPR rules, votes cast through that platform may be challenged. Issues include whether the voter authentication process was adequate, whether the secrecy of the ballot was maintained, and whether the electronic results were accurately certified.
  • Developer-controlled boards during the transition period. During the developer control period in a new community, the developer appoints board members rather than holding unit owner elections. The transition from developer control to homeowner control is governed by specific statutory milestones. If the developer delays the transition or manipulates the transition election, affected homeowners may have a challenge under both the election statutes and the developer-specific provisions of Chapter 720.
  • Write-in candidates and self-nomination procedures. Section 718.112(2)(d) provides that unit owners may nominate themselves for board positions up to 40 days before the election. If the association fails to provide adequate notice of the nomination process or refuses to recognize a qualified candidate’s self-nomination, the election can be challenged on those grounds. Similar self-nomination rights may exist in HOAs depending on the governing documents.
  • Partial election voiding — only some seats affected. An election may involve multiple open board seats, with only some contested or subject to alleged irregularities. DBPR arbitrators have discretion to void only the affected portions of an election while leaving uncontested or unaffected seats in place. The scope of the remedy depends on which seats were affected by the violation and whether severing the valid results from the invalid is practicable.

What Homeowners Should Do

  1. Provide required pre-suit notice immediately after the election. For HOA election disputes, Section 720.311 requires written notice of the dispute and a written demand for relief before filing for arbitration. Send this notice to the association in writing (email with delivery confirmation or certified mail) as soon as you identify the violation. Do not wait.
  2. Gather evidence of the irregularity. Collect any available documentation: meeting notices, ballot envelopes, proxies, ballots, vote tallies, sign-in sheets, email communications from the board, and any correspondence from the association about the election. Witnesses who observed the irregularity can also provide statements.
  3. File the DBPR petition within 60 days of the announcement of results. Use the DBPR’s online filing system. The petition must identify the specific statutory or documentary violation, describe the factual basis, and state the relief sought. Filing even a summary petition before the deadline is better than missing the deadline while waiting for perfect documentation.
  4. Request official records from the association. Under Section 720.303(5), HOA members have the right to inspect official records including ballots, proxies, and election materials for a period of time after the election. Request these documents in writing as soon as possible after the election.
  5. Identify the specific statutory or governing document violations. The strength of your petition depends on your ability to point to a specific provision — Section 718.112(2)(d)’s 14-day notice requirement, Section 720.306(9)’s proxy rules, or a specific bylaw provision — and to show how the association’s conduct violated that provision.
  6. Consult an attorney experienced in Florida community association election disputes. DBPR arbitration is a formal legal proceeding. An attorney can help you meet the pre-suit requirements, draft an effective petition, present evidence at the arbitration, and pursue circuit court review if the arbitrator’s decision is unfavorable.

Beyond DBPR arbitration, circuit court involvement may be necessary in several circumstances: when the association refuses to comply with a DBPR arbitration award ordering a new election; when emergency injunctive relief is needed to prevent the newly elected board from taking irreversible actions while the arbitration is pending; when the violation involves constitutional rights or civil rights claims that fall outside the DBPR’s jurisdiction; or when the association attempts to impose fines or other penalties on homeowners who participated in or advocated for a fair election. Under Sections 718.303 and 720.305, the prevailing party in an action to enforce Chapter 718 or Chapter 720 is entitled to recover reasonable attorney fees. Consulting with a Florida community association attorney early in the process maximizes your ability to use the legal system effectively.

Actionable Summary

Situation Action Required Deadline Legal Basis
HOA election results announced; you believe procedures were violated Provide pre-suit notice to association; file DBPR petition Pre-suit notice immediately; petition within 60 days of results Section 720.306(9)(c); Section 720.311
Condominium election conducted with less than 14 days notice File DBPR arbitration petition 60 days from announcement of results (per DBPR rules) Section 718.112(2)(d); Section 718.1255
Proxies manipulated or votes counted incorrectly Gather evidence; file DBPR petition with documentation Within 60 days of results announcement Section 720.306(9); Section 718.112(2)(d)
Board appointed members without required election Send written demand for proper election; file DBPR petition Within 60 days of the improper action Section 720.306(9); governing documents
Association ignores DBPR arbitration award File circuit court enforcement action Promptly after non-compliance Section 718.1255; Section 720.311

Chapter 718 (Condominiums): Section 718.112(2)(d) governs condominium election procedures, including the 14-day notice requirement, self-nomination procedures, and ballot requirements. Section 718.1255 establishes mandatory DBPR arbitration for condominium election disputes. Section 718.303 provides for attorney fee awards to the prevailing party.

Chapter 720 (HOAs): Section 720.306(9) governs HOA election requirements and sets the 60-day deadline for filing election challenges under Section 720.306(9)(c). Section 720.311 establishes the mandatory DBPR arbitration framework for HOA disputes, including election disputes, and imposes pre-suit notice requirements. Section 720.305 provides for attorney fee awards to the prevailing party.

Frequently Asked Questions

How long do I have to challenge a Florida HOA election?

You have 60 days from the announcement of the election results to file a petition for arbitration with DBPR under Section 720.306(9)(c), Florida Statutes. This deadline is strictly enforced. Missing it by even one day will typically result in dismissal of your petition. Do not wait to gather perfect evidence — file within the deadline with what you have.

Do I have to send a letter to the association before filing for DBPR arbitration in an HOA election dispute?

Yes. Section 720.311, Florida Statutes, requires that before filing for arbitration in an HOA dispute, you provide the association with written notice of the dispute, a written demand for the specific relief you are seeking, and notice of your intent to file for arbitration. Failing to satisfy these pre-suit requirements may result in rejection or dismissal of your petition.

What can DBPR do if I win my election challenge?

A DBPR arbitrator who finds that the election was conducted in violation of the statute or governing documents can declare the election void and order a new election to be held under proper procedures. The arbitrator may also impose specific requirements on how the new election is conducted, such as independent supervision or restrictions on proxy use. The prevailing party may also be awarded attorney fees.

What if the board is already acting on decisions made after the invalid election?

If the newly seated board is taking action on major issues while your arbitration is pending, you may seek emergency relief from DBPR or the circuit court to enjoin irreversible actions until the election dispute is resolved. The availability and scope of emergency relief depends on the specific facts and the urgency of the board’s intended actions. An attorney can help you assess whether emergency relief is appropriate.

Can I challenge a condo election the same way as an HOA election?

The process is similar but not identical. Condominium election challenges are governed by Section 718.112(2)(d) and Section 718.1255, Florida Statutes, and are filed as DBPR arbitration petitions. The pre-suit notice requirements under Section 720.311 apply to HOAs, not condominiums. The 14-day notice requirement under Section 718.112(2)(d) applies to condominiums. Review the comparison table in this article for the key procedural differences between condo and HOA election challenges.

Key Terms Defined

DBPR arbitration: A binding dispute resolution process administered by the Florida Department of Business and Professional Regulation’s Division of Florida Condominiums, Timeshares, and Mobile Homes. DBPR arbitration is the mandatory first step for election challenges in both condominium and HOA communities. The arbitrator’s decision is binding and enforceable, though it may be appealed to the circuit court for de novo review of legal conclusions.

Proxy: A written authorization by which a homeowner delegates their voting rights at an association meeting to another person. Proxy manipulation — altering proxies, using proxies without authorization, or allowing designated holders to override the homeowner’s stated voting instructions — is a recognized basis for challenging an election result under Section 720.306(9).

Quorum: The minimum number of voting interests that must be present (in person or by proxy) for a meeting to be validly convened and for business to be conducted. If the required quorum for an election meeting was not achieved and the election was conducted anyway, the election result may be void. The quorum requirement is set by the governing documents and may also be subject to statutory minimums.

Self-nomination: The right of a unit owner or HOA homeowner to nominate themselves as a candidate for a board position without needing to be nominated by another member. Under Section 718.112(2)(d), Florida Statutes, condominium unit owners may self-nominate up to 40 days before the election. HOA self-nomination procedures are governed by the association’s bylaws.

Voting interest: The share of the total votes in the association held by a particular lot or unit owner. In most community associations, each lot or unit carries one vote. In some associations, voting interests may be apportioned differently. Understanding the voting interest structure is important for determining whether a quorum was present and whether the winning slate received the required votes.

Conclusion

Florida law provides homeowners with a clear, mandatory pathway for challenging unfair condominium and HOA elections: DBPR arbitration. But that pathway requires strict compliance with procedural requirements — including the 60-day filing deadline under Section 720.306(9)(c) for HOA election challenges, the pre-suit notice requirements under Section 720.311, and the election procedure requirements of Section 718.112(2)(d) for condominiums. Homeowners who suspect their election was manipulated, improperly noticed, or otherwise defective should act immediately: gather evidence, provide the required pre-suit notice, and file the DBPR petition within the deadline. Waiting is the most common and most costly mistake. Florida law gives homeowners real tools to fight unfair elections — but those tools expire if not used promptly.

About the Author

Erik Andrew Perez, Esq. | Florida Bar No. 115564

Erik Andrew Perez is an attorney at Perez Mayoral, P.A., where he represents homeowners in HOA and condominium governance disputes, including election challenges, board abuse of power claims, and enforcement matters under Chapters 718 and 720, Florida Statutes. He advises clients throughout Miami-Dade, Broward, Tampa, and Orlando on their rights in community association disputes and DBPR proceedings. The firm does not represent associations, management companies, or developers.

Speak With a Florida HOA Election Attorney

If you believe your HOA or condominium election was unfair, contact our firm for a consultation. Our attorneys represent homeowners exclusively in election challenges and community association disputes. The 60-day deadline moves quickly — reach out before it expires.

Contact Perez Mayoral, P.A. to schedule a consultation.

Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws change; consult a licensed Florida attorney for advice specific to your situation.

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