Question:
we are small HOA 38 houses. no one care at voting time. can we add a note to the voting page that read something between the lines that if we do not received your vote by the closing timeit will be count as a yes, if you do not want to vote you need to send us the ballot with a no vote to be counted. that will make people take action and return the ballots intime. can that note be added to the ballot or not?
– Hector
Answer:
Hi Hector,
In Florida, HOA voting procedures are governed by the Florida Homeowners’ Association Act (Chapter 720, Florida Statutes) and the association’s governing documents. The law requires affirmative votes to be properly cast, meaning that a non-response cannot be automatically counted as a “yes” vote. Each homeowner must actively submit their ballot for their vote to count, and an HOA cannot impose a rule that assumes approval through silence or inaction. Adding a note stating that non-votes will be counted as “yes” would likely violate state law and could expose the HOA to legal challenges.
If low voter participation is a concern, the board can take other legal and proactive measures to increase engagement. Sending multiple reminders via email, mail, or community notices, offering online or proxy voting options, or holding informational meetings before the election can encourage homeowners to participate. The association may also consider amending its bylaws to include a lower quorum requirement, making it easier to conduct business without needing full participation.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
