It seems that some members (including board members) are misinformed about who can add Electronic/Online voting in Florida and how.
I hope this information helps.
1. Statutory Authority for Electronic/Online Voting in Florida Associations
Homeowners’ Associations — Chapter 720
- Florida Statutes §720.317 permits a homeowners’ association to conduct elections and other votes through an Internet-based online voting system if a member consents to online voting and applicable technical and procedural requirements are met.
- The statute does not require a member vote to authorize online voting; instead, a board resolution is sufficient to authorize and implement the system and to establish consent and opt-out procedures.
Condominium Associations — Chapter 718
- Florida Statutes §718.128 similarly permits a condominium association to conduct elections and votes by Internet-based online voting if a unit owner consents to vote electronically.
- Importantly, this statute expressly allows the board to authorize online voting by resolution. Once adopted by the board, the resolution must set out notice, consent, and opt-out procedures.
Cooperative Associations — Chapter 719
- A similar provision (§719.129) exists for cooperative associations that permits online voting under comparable terms (board authorization plus member/owner consent).
2. What This Change Means in Practice
Board Authority
- Under these statutes, the board of directors can adopt online voting by passing a board resolution that authorizes an Internet-based voting system, establishes procedures, and obtains member consent.
- A formal membership vote to adopt online voting is not required if the board acts within the statutory framework and complies with notice, consent, authentication, and procedural requirements.
Added on 2026-01-17 11:40 AM
And for those who still refuse to accept it and leave misinformation in comments on our Facebook page, see one of my replies to our board member, Steven Olsen.
“Given that membership is mandatory and assessments are lien-capable, Indian Hammock Hunt and Riding Club, Inc. meets the statutory definition of a Florida homeowners’ association under Chapter 720, even though it is incorporated under Chapter 617.
That point is decisive.
Bottom line (clear answer)
Yes. Under current Florida law, the Board of Directors may add an online (electronic) voting option without a membership vote, provided it follows the requirements of §720.317, Florida Statutes.
A member vote to “approve” online voting is not required.
Why this is legally correct
1. Chapter 720 controls
Because the Club is:
- a Florida corporation,
- with mandatory membership, and
- lien-capable assessments,
it is a Chapter 720 HOA by definition, regardless of being styled as a “club” or incorporated under Chapter 617.
When Chapter 720 applies, it supersedes contrary bylaw provisions on voting methods to the extent of any conflict.
2. §720.317 expressly authorizes board action
Section 720.317, Florida Statutes (Electronic voting) provides that:
- The association may conduct elections and membership votes using an Internet-based online voting system
- “If the board of directors authorizes online voting by resolution” There is no requirement in the statute for a membership vote to adopt online voting.
What the Board must do (and must not do)
The Board must:
- Adopt a board resolution authorizing online voting
- At a properly noticed board meeting
- With at least 14 days’ notice
- File an affidavit of notice in the official records
- Ensure consistency with the bylaws
- Online voting must follow existing election rules (quorum, notice, secret ballot if required, etc.)
- The board cannot change substantive voting rights—only the method
- Obtain individual member consent
- Members must opt in (electronically or in writing)
- Members must be allowed to opt out and vote by traditional means
- Use a compliant system
- Secure authentication
- Vote confirmation receipts
- Ballot secrecy where required
- Record retention for inspection and recounts
The Board does not need to:
- Amend the bylaws to add online voting
- Put the question to a membership vote
- Obtain unanimous or majority member approval to authorize the system
Common misconceptions (and why they are wrong)
- “We’re a club, not an HOA”
→ Incorrect. Chapter 720 applies based on function, not the name. - “Bylaws don’t allow online voting”
→ Chapter 720 authorizes it by statute; bylaws cannot prohibit what the statute permits. - “Members must vote to allow online voting”
→ Not under §720.317. Member consent to use online voting is required; member approval to authorize it is not.
Practical risk note
If the board implements online voting without strictly following the statutory steps (notice, affidavit, consent, system compliance), the vote can be challenged. But the authority to do it by board action is settled law.
Conclusion
Because Indian Hammock Hunt and Riding Club, Inc. is a mandatory-membership, lien-capable community, the Board of Directors is legally authorized under Florida law to implement online voting by board resolution alone, subject to §720.317’s procedural safeguards.
I HOPE THIS MAKES IT ALL VERY CLEAR
David Rtzion
Lot 246
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