Election & Voting

(FL Administrative Code 61B-23.0021)

• Balloting is not necessary to fill any vacancy unless there are two or more eligible candidates for that vacancy.

• A regular or general election occurs at the time and place at which the annual meeting is scheduled to occur, regardless of whether a quorum is present.

• A board of administration cannot create or appoint any committee for the purpose of nominating a candidate or candidates for election to the board. A board may create or appoint a search committee to encourage qualified persons to become candidates for the board.

• The first notice of the date of the election, which is required to be mailed, electronically transmitted, or delivered not less than 60 days before a scheduled election, must contain the name and correct mailing address of the association.

• A unit owner desiring to be a candidate for the board of administration must give written notice to the association in accordance with one or more of the following methods:
  • -  By certified mail, return receipt requested, directed to the association; or
  • -  By personal delivery to the association; or
  • -  By regular U.S. mail, facsimile, telegram, or other method of delivery to the association.

• Upon receipt by the association of any timely submitted written notice by personal delivery that a unit owner desires to be a candidate for the board of administration, the association shall issue a written receipt acknowledging delivery of the written notice. Candidates who timely submit a written notice by mail may wish to send the written notice by certified mail in order to obtain a written receipt.

• The association includes, with the second notice of election, a copy of an information sheet which may describe the candidate's background, education, and qualifications as well as other factors deemed relevant by the candidate. The information contained therein shall not exceed one side of the sheet which shall be no larger than 8 1/2 inches by 11 inches.

• No association shall edit, alter, or otherwise modify the content of the information sheet. The original copy provided by the candidate shall become part of the official records of the association.

• Both the first and second notices are mailed or delivered to the eligible voters at the addresses listed in the association’s official records.

• The second notice and accompanying documents shall not contain any communication by the board that endorses, disapproves, or otherwise comments on any candidate.

• The written ballot must indicate in alphabetical order by surname, each and every unit owner or other eligible person who desires to be a candidate for the board of administration and who gave written notice to the association not less than 40 days before a scheduled election, unless such person has, prior to the mailing of the ballot, withdrawn his candidacy in writing.

• No ballot shall indicate which candidates are incumbents on the board. No write-in candidates shall be permitted. No ballot shall provide a space for the signature of or any other means of identifying a voter.

• All ballot forms utilized by a condominium association, whether those mailed to voters or those cast at a meeting, shall be uniform in color and appearance.

• If a person is entitled to cast more than one ballot, multiple inner envelopes (each containing a single ballot) may be enclosed within a single outer envelope.

• Outer signed envelopes can either be mailed or hand delivered to the association. Upon receipt by the association, no ballot may be rescinded or changed.

• Envelopes containing ballots received by the association shall be retained and collected by the association and shall not be opened except in the manner and at the time provided herein.

• Envelopes containing ballots are collected by the association and transported to the location of the unit owners’ meeting.

• The association will have available at the owners’ meeting additional blank ballots for distribution to eligible voters who have not cast their votes.

• Each ballot distributed at the meeting is placed in an inner and outer envelope.

• Each envelope and ballot is handled in the following manner. As the first order of business, ballots not yet cast are collected. The ballots and envelopes are then handled as stated below by an impartial committee. The business of the meeting may continue during this process.

• An impartial committee means a committee appointed by the board whose members do not include any of the following or their spouses:
  1. Current board members;
  2. Officers; and
  3. Candidates for the board.

• The signature and unit identification on the outer envelope is checked against a list of qualified voters, unless previously validated as provided in the paragraph below.

• Any exterior envelope not signed by the eligible voter is marked “Disregarded”, and any ballots contained therein are not counted. The voters are checked off on the list as having voted.

• Then, in the presence of unit owners in attendance, and regardless of whether a quorum is present, all inner envelopes are removed from the outer envelopes and placed into a receptacle.  Upon the commencement of the opening of the outer envelopes, the polls are closed, and no more ballots are accepted.

• The inner envelopes are then be opened and the ballots are removed and counted in the presence of the unit owners.

• Any inner envelope containing more than one ballot is marked “Disregarded”, and any ballots contained therein are not counted. All envelopes and ballots, whether disregarded or not, are retained with the official records of the association.

• Any association desiring to verify outer envelope information in advance of the meeting may do so using an impartial committee at a meeting noticed in the manner required for the noticing of board meetings open to all unit owners and held on the date of the election.

• If two or more candidates for the same position receive the same number of votes, which would result in one or more candidates not serving or serving a lesser period of time, the association shall, unless otherwise provided in the bylaws, conduct a runoff election.

• Within 7 days of the date of the election at which the tie vote occurred, the board shall mail or personally deliver to the voters, a notice of a runoff election. The only candidates eligible for the runoff election to the board position are the runoff candidates who received the tie vote at the previous election. The notice shall inform the voters of the date scheduled for the runoff election to occur, shall include a ballot conforming to the requirements of this rule, and shall include copies of any candidate information sheets previously submitted by those candidates to the association. The runoff election must be held not less than 21 days, nor more than 30 days, after the date of the election at which the tie vote occurred.

All Jupiter Bay members have the right to vote in an election, and the Association is obliged to make voting as easy as possible. Anyone requesting a ballot, whether or not the association had mailed one to them, should receive one, and requests for alternate mailing addresses should be honored. For owners who hadn't sent their ballot in prior to the meeting, ballots need to be made available at the Annual Owners meeting.

According to Florida Statute 718.112(2)(d) and Florida Administrative Code 61B-23.0021, the second Annual Meeting notice must be 1) hand delivered, 2) mailed (to the address last furnished to the association), or 3) electronically transmitted to each unit owner not less than 14 days nor more than 34 days before the election. The annual meeting notice must also be posted on the condominium property.

The second Annual Meeting notice mailing must consist of:

• The Annual Meeting notice and agenda.
• Candidate information sheets.
• A return (outer) envelope addressed to the person or entity authorized to receive the ballot. The exterior of the outer envelope indicates the name of the voter, and the unit or unit numbers being voted, and it contains a signature space for the voter.
• A smaller (inner) envelope to be completed and returned within the outer envelope.
• A ballot containing, in alphabetical order by surname, the names of the candidates running for the Board. This ballot is to be completed by the eligible voter and sealed within the inner envelope.

The second notice and accompanying documents must not contain any communication by the board that endorses, disapproves, or otherwise comments on any candidate. No ballot shall indicate which candidates are incumbents on the board. No write-in candidates are permitted. No ballot shall provide a space for the signature of or any other means of identifying a voter.

Elections are decided by a plurality of ballots cast. There is no quorum requirement; however, at least 20 percent of the eligible voters must cast a ballot in order to have a valid election. A unit owner may not authorize any other person to vote his or her ballot. Ballots are returned within the inner envelope, which is contained within the outer envelope. The inner envelope has no markings to identify the owner, whereas the outer envelope contains the owner’s name, unit number and signature. Each inner envelope shall contain only one ballot, but if a person is entitled to cast more than one ballot, the separate inner envelopes required may be enclosed within a single outer envelope. Outer envelopes, containing the inner envelopes and ballots, shall either be mailed or hand delivered to the association before or at the Annual Meeting. Upon receipt by the association, no ballot may be rescinded or changed.

On election day, either immediately before or at the Annual Meeting, an impartial committee, which cannot include current board members, officers and candidates for the board, verifies the outer envelope information against the eligible owner roster, and the committee checks off the units that have voted. If the committee meets prior to the Annual Meeting, the committee meeting must be noticed (posted) 48 hours in advance and must occur on the same day as the Annual Meeting.

As the first order of business at the Annual Meeting, ballots not yet cast are collected. Upon the commencement of the opening and recording of the outer envelopes at the Owners Meeting, the polls are closed, and no more ballots are accepted. The business of the meeting may continue during this process.

If the committee receives multiple outer envelopes for the same unit or if the outer envelope is not signed, then the vote is marked “disregarded” and separated from the other valid votes. Ballots for properly cast votes are placed in a receptacle. Once all outer envelopes have been opened and the number of voting owners is tallied, the inner envelopes are opened, and the ballots are counted. If any inner envelope contains more than one ballot, the ballots are disregarded and not counted. The impartial committee tallies and reports, to the Owners Meeting Chairperson, the vote count for each candidate for ballots that have not been disregarded. All envelopes and ballots, whether disregarded or not, shall be retained with the official records of the association.

According to Florida Administrative Code 61B-23.0021 (10)(a), Envelopes containing ballots received by the association shall be retained and collected by the association and shall not be opened except in the manner and at the time provided herein. (Please follow directions provided by the Association. Either send ballot envelopes to Triton Property Management or hand carry them to the Owners' Meeting. Seal ballot envelopes after voting, and DO NOT deliver ballot envelopes to a third party.)

Any envelopes containing ballots shall be collected by the association and shall be transported to the location of the duly called meeting of the unit owners. The association shall have available at the meeting additional blank ballots for distribution to the eligible voters who have not cast their votes. Each ballot distributed at the meeting shall be placed in an inner and outer envelope in the same manner as voting by mail.

Each envelope and ballot shall be handled in the following manner:

1. As the first order of business, ballots not yet cast shall be collected. The ballots and envelopes shall then be handled as stated below by an impartial committee appointed by the board. The business of the meeting may continue during this process.

2. The signature and unit identification on the outer envelope shall be checked against a list of qualified voters. Any exterior envelope not signed by the eligible voter shall be marked “Disregarded” or with words of similar import, and any ballots contained therein shall not be counted. The voters shall be checked off on the list as having voted.

3. Then, in the presence of any unit owners in attendance, and regardless of whether a quorum is present, all inner envelopes shall be first removed from the outer envelopes and shall be placed into a receptacle. Upon the commencement of the opening of the outer envelopes, the polls shall be closed, and no more ballots shall be accepted.

4. The inner envelopes shall then be opened and the ballots shall be removed and counted in the presence of the unit owners. Any inner envelope containing more than one ballot shall be marked “Disregarded”, or with words of similar import, and any ballots contained therein shall not be counted. All envelopes and ballots, whether disregarded or not, shall be retained with the official records of the association.