CONDOMINIUM ANNUAL MEETING SEASON REMINDER: ADDITIONAL REQUIREMENTS IF THE ANNUAL MEETING IS HELD BY VIDEO CONFERENCE

As condominium annual meeting season approaches, many associations are preparing to send first and second notices and finalize election logistics. For most Florida condominiums, annual meetings occur in the first quarter of the year, and more associations are choosing to hold those meetings by video conference.

While Chapter 718, Florida Statutes, permits condominium unit owner meetings to be conducted by video conference, the statute imposes additional obligations when a condominium annual meeting is held remotely.

A video-conference annual meeting is not treated the same as a traditional in-person meeting.

Boards and managers should be aware of the following requirements before finalizing the meeting format.

1.   A quorum of the board must be physically present at the physical meeting location.

If the annual meeting of the condominium unit owners is conducted by video conference, a quorum of the board of directors must be physically present at the physical location where unit owners may attend in person.

This requirement is often misunderstood. Even though unit owners may attend remotely, the statute still requires:

• A designated physical meeting location; and

• A quorum of the board to be physically present at that location.

A fully remote annual meeting, where all directors attend virtually from separate locations, does not satisfy this requirement. Unit owners must also be permitted to attend the meeting in person at the physical location.

2.   Video-conference condominium annual meetings must be recorded.

When a condominium annual meeting of the unit owners is conducted by video conference, the meeting must be recorded, and that recording becomes part of the association’s official records.

This applies regardless of whether the meeting includes an election or other substantive business. Associations should confirm in advance that:

• The chosen platform allows recording;

• Someone is responsible for starting and preserving the recording; and

• The recording is retained in the association’s official records.

Failure to record a video-conference condominium annual meeting can create compliance issues and invite post-meeting disputes.

3.   Electronic and email voting considerations under Chapter 718, Florida Statutes.

Condominium associations are not required to conduct elections or other unit owner votes using an online voting platform. Many associations continue to hold in-person annual meetings and conduct voting using paper ballots, and that approach remains permitted under Chapter 718. Florida Statutes.

Section 718.128 addresses voting that occurs electronically or by email and establishes how such votes must be handled when they are used. The statute distinguishes between associations that have formally adopted an online electronic voting system and those that have not. When an online system has not been adopted, Section 718.128 nevertheless sets forth specific rules governing ballots that are transmitted electronically, including required identifying information, timing requirements, and a mandatory waiver of ballot secrecy.

The statute does not expressly state whether electronically transmitted ballots must be accepted for all unit owner meetings regardless of meeting format, or whether that obligation arises only in certain circumstances. Section 718.112 provides that if a unit owner meeting is conducted by video conference, a unit owner may vote electronically in the manner provided in Section 718.128. This language confirms that electronic or email voting is permitted in a video-conference meeting and that Section 718.128 governs how those votes are cast and counted in that setting.

Some practitioners interpret Section 718.128 to suggest that, once a unit owner vote is taking place, the statute may require acceptance of statutorily compliant electronically transmitted ballots regardless of whether the meeting is held in person or by video conference. Others read the statutory framework more narrowly and take the position that, absent adoption of electronic voting, an association may conduct an in-person meeting using paper ballots only, with the obligation to accept electronically transmitted ballots arising expressly when a meeting is conducted by video conference.

Because the statute does not resolve this issue expressly, associations face risk in either approach. Declining to accept electronically transmitted ballots may invite challenges asserting statutory non-compliance, while accepting such ballots requires strict adherence to the detailed procedural requirements of Section 718.128, which themselves can become the basis for post-election disputes.

Accordingly, associations should carefully consider Section 718.128 when planning annual meetings and elections, particularly where alternative meeting formats are being considered, and should consult legal counsel regarding the approach most appropriate for their specific circumstances. 

4.   Application of Section 718.128 when electronically transmitted ballots are used.

When a condominium annual meeting is conducted by video conference and electronic voting has not been formally adopted, Section 718.128 expressly contemplates that unit owners may submit ballots electronically and sets forth specific requirements governing how those ballots must be received and handled.

In that circumstance, the statute provides that the association must:

• Designate an email address for receipt of electronically transmitted ballots;

• Accept ballots transmitted to that designated email address that comply with the statutory content and timing requirements; and

• Maintain procedures to document review of all folders associated with the designated email address, including spam and junk folders.

The statute further provides for a rebuttable presumption that all folders associated with the designated email address were reviewed if supported by a sworn affidavit from a board member, officer, manager, or agent.

From a practical standpoint, associations that permit or receive electronically transmitted ballots should confirm that:

• A designated election email address exists; and

• There is a clear and consistent process for monitoring that inbox and retaining emailed ballots as part of the association’s official records.

An unmanaged or inconsistently monitored inbox is an avoidable source of election challenges.

Section 718.128(7) includes a mandatory waiver of ballot secrecy that, through its formatting requirements, references an email from the association to the unit owner containing ballot-related content. That reference reflects a statutory framework in which electronically transmitted ballots are anticipated to be distributed and returned by email, a structure that most naturally corresponds with situations involving remote participation, such as video-conference meetings. At the same time, Chapter 718 does not strictly require that notice of a unit owner meeting be provided electronically, nor does it independently require that ballots be transmitted by email or posted on the association’s website. Meeting notice requirements continue to be governed by Section 718.112 and the association’s governing documents. As a result, Section 718.128 regulates the form, content, and handling of electronically transmitted ballots when they are used, without expressly mandating electronic notice or ballot transmission in all circumstances, which contributes to differing interpretations regarding the intended scope and application of electronically transmitted ballots.

PRACTICAL TAKEAWAY FOR CONDOMINIUM BOARDS AND MANAGERS

Holding a condominium annual meeting by video conference can be convenient, but it comes with additional statutory obligations that may not apply to in-person meetings. These issues most often surface after an election, when procedural defects are raised to challenge results or request records.

Before committing to a video-conference condominium annual meeting, boards and managers should confirm in advance that these requirements can be satisfied.

About the Author

Christopher L. Pope is a Florida attorney and a Florida Bar Board Certified Specialist who advises condominium and homeowner association boards and managers on governance, elections, and statutory compliance under Chapters 718 and 720, Florida Statutes.

Last updated January 2026.

This article is provided for general informational purposes only and is not intended as legal advice. Associations should consult legal counsel regarding their specific circumstances.