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Elections Have Consequences

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Your community association is something of a small sub-democracy. In many respects, it runs in a similar manner to representative governments. The owners / members elect leaders for the community (the board of directors), and those leaders make the important decisions throughout their terms in office to manage the operation of the community association. Because of the foregoing, elections of the members to the board of directors is a very important process.

Care must be taken to strictly follow the elections procedures required by the applicable community association act which governs your association and your association’s bylaws. Failure to do so, could render the results of the election challengeable. However, the law understands that there must be certainty in election results. The community association acts all provide that any challenge to the election process must be initiated within sixty (60) days from the announcement date of the election results. Further, not every member of the association has standing to challenge the election results. The Department of Business and Professional Regulation’s Division of Florida Condominiums, Timeshares, and Mobile Homes has held that only candidates in the election have standing to challenge the election results. See Conley v. Bayside Owners Association, Inc., DBPR Case No. 2018-06-2886 (Final Order of Dismissal).

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