A Florida condominium board planning an election should decide which electronic voting process actually applies before it sends instructions to owners. Section 718.128 contains requirements for an Internet-based voting system and a separate email-ballot route. Treating every emailed response as an online vote can undermine the procedures intended to protect authentication, ballot secrecy, and a reliable count.
An online system needs more than a website
Under the online voting provisions, the owner must consent electronically or in writing. The association must provide identity authentication, a method that protects the secrecy and integrity of board-election ballots, and a way to confirm at least 14 days before the voting deadline that the owner's device can communicate successfully with the system.
The system must authenticate votes, protect them against alteration during transmission, provide receipts, retain votes for review, and permanently separate owner-identifying information from a board-election ballot. Vendor demonstrations should show how those requirements are met. A general survey form or shared mailbox should not be assumed to provide the same protection.
The board authorizes online voting by resolution and establishes reasonable consent and opt-out procedures. Once authorized, an owner's request to vote electronically must be honored at subsequent elections unless the owner opts out. Consent continues until the owner opts out under the board's procedures. Keep that consent record with the election administration materials.
There is also an owner-petition route. A petition from at least 25 percent of the condominium's voting interests requires a board meeting within 21 days after receipt to adopt the resolution for the next scheduled election. The statute requires receipt of the petition within 180 days after the last scheduled annual meeting. These specific conditions should be checked before either rejecting a petition or announcing a new voting system.
Email ballots follow different protections
Unless the association has adopted online voting under subsections (1) through (6), subsection (7) requires a designated email address for electronically transmitted ballots. That route includes prescribed identifying information and a conspicuous statutory warning about the owner's choice to waive ballot secrecy. It is not permission to replace the required warning with a casual sentence or silently assume owners consent to disclosure.
Counsel and the election administrator should review the actual ballot, delivery deadline, counting procedure, and interaction with section 718.112. The board should provide clear instructions for owners who prefer another available voting method.
Practical board checklist
- Confirm condominium applicability and identify the online-system or email-ballot route being used.
- Review the board resolution, consent records, and any qualifying owner petition.
- Test authentication, secret-ballot separation, receipts, and records retention with the vendor.
- Use the exact required email-ballot disclosure after legal review.
- Reconcile electronic and other ballots to prevent duplicate counting and preserve a reviewable election record.
Electronic convenience works best when the legal process and the technical configuration are designed together.
Reviewed November 4, 2026. Florida educational information only. Obtain association-specific legal advice before acting.