To ensure the validity of its elections, a community association must conduct its elections in full compliance with Florida law and its governing documents, which includes enforcing its voting certificate requirements, if any.
As defined in Section 718.103(31), Florida Statutes (2023), voting certificates are “documents which designate one of the record title owners, or the corporate, partnership, or entity representative, who is authorized to vote on behalf of a condominium unit that is owned by more than one owner or by any entity.”[1]
While there is no statutory requirement that voting certificates be used, an association may choose to include them in its governing documents. If it does so, the association should enforce them pursuant to its procedures, especially when conducting its annual elections; otherwise, an election can be challenged as improper for failing to enforce voting certificates as required by its documents.[2]
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