Florida statute reference · F.S. § 720.306
§ 720.306 - Member Meetings, Voting & Amendments
Section 720.306 sets the rules for the membership side of HOA governance - annual and special meetings, quorum, election procedures, proxy voting, and amendments to the declaration, bylaws, and rules. Most contested HOA decisions ultimately reach a member vote, and most member-vote disputes turn on procedural compliance with this section.
Reviewed by the Common Elements editorial team, which includes a Florida-licensed community association manager (LCAM) and insurance broker - Florida Licensed Community Association Manager, 2-20 & 6-20.
What boards need to know
The HOA annual meeting is where the membership exercises its governance rights - electing directors, approving (or rejecting) amendments, and considering any other business properly noticed. § 720.306 sets the procedural minimums: 14-day mailed or electronically delivered notice, a quorum requirement (30% default; can be lower per bylaws), and the voting mechanics for each item on the agenda. Always read the bylaws alongside the statute - the bylaws fill in nearly every detail the statute leaves open.
Quorum is the most common procedural failure point. Many HOAs struggle to assemble even 30% of voting interests. If your community routinely fights for quorum, get the bylaws amended to lower the threshold to 10–15% with proxy votes counted. Otherwise the annual meeting becomes an annual ritual of adjourn-and-reconvene that no one takes seriously, and important business - including elections - defaults to the same handful of members every year.
Amendments to the declaration are the highest-stakes item this section governs. Read the amendment clause in the declaration before circulating ballots. Most declarations require two-thirds or three-quarters of total voting interests; some require unanimous consent for certain types of amendments (anything that changes voting rights or the allocation of common expenses, typically). An amendment passed without the correct vote is voidable, and the challenge can come years later when someone reads the recorded amendment in their title work.
Proxies are allowed for HOA elections unless the governing documents prohibit them. This is one of the biggest differences between HOAs and condominiums - Chapter 718 bans proxies for board elections; § 720.306(8) permits them for HOAs. If your community has wide age and snowbird demographics, the proxy is a critical tool for getting a representative vote on board composition. Don't abandon it without reason.
Key requirements
Annual and special meeting notice
§ 720.306(5)- 14 days' mailed or electronically delivered notice
- Annual meeting must occur per governing documents
- Special meetings called by board, members (per bylaw threshold), or president
- Agenda must accompany notice
- Notice must include time, place, and items requiring vote
Quorum and voting thresholds
§ 720.306(1)- 30% of total voting interests = default quorum
- Bylaws may set lower (or higher) threshold
- Adjourned meetings may have reduced quorum per bylaws
- Plurality wins board elections unless bylaws specify majority
- Tied votes addressed by tiebreaker procedure in bylaws
Proxy voting (where allowed)
§ 720.306(8)- Proxies allowed unless governing documents prohibit
- Must be in writing, signed, dated
- Valid for 90 days unless shorter period specified
- General vs. limited proxies - declaration controls
- Different from condos: HOA proxies CAN be used for board elections
Amendment voting thresholds
§ 720.306(1)(b)- Statutory minimum: majority of total voting interests
- Declaration typically requires higher (2/3 or 3/4)
- Some amendments require unanimous or supermajority consent
- Amendments must be recorded in county records to take effect
- Read the declaration's amendment clause before circulating ballots
Related tools
Common questions about § 720.306
- What is the quorum requirement for a Florida HOA annual meeting?
- Under § 720.306(1)(a), unless the governing documents specify otherwise, 30% of the total voting interests of the association constitutes a quorum. Many Florida HOA declarations lower the quorum to 10–25% because reaching even 30% is difficult in larger communities. The bylaws often allow a quorum to be established through a combination of members present in person and members represented by proxy. If quorum is not reached, the meeting can be adjourned and reconvened at a lower threshold per the bylaws.
- How are HOA board elections conducted under § 720.306?
- HOA elections follow the procedures in the governing documents, with statutory backstops in § 720.306(9). Notice of the annual meeting must be mailed or delivered to all members at least 14 days before the meeting. Candidate nominations may be accepted from the floor unless the governing documents prohibit it. Voting can be by paper ballot, electronic ballot (with statutory safeguards), or voice vote depending on the bylaws. Unlike Chapter 718 condominiums, HOAs may allow proxy voting for board elections if the governing documents permit.
- Can a Florida HOA amend its declaration under § 720.306?
- Yes, but the threshold is set by the declaration itself. § 720.306(1)(b) requires a vote of at least a majority of the total voting interests of the association unless the declaration specifies a different (typically higher) percentage - two-thirds or three-quarters is common. The amendment must be recorded in the county's official records to take effect. Some amendments - those affecting voting rights, the proportion of common expenses, or use restrictions - may require unanimous or super-majority consent under the governing documents. Read the amendment provision carefully before circulating ballots.
- Can HOA members vote by proxy under § 720.306?
- Yes. § 720.306(8) permits proxy voting unless the governing documents prohibit it. A proxy must be in writing, signed by the member, dated, and delivered to the secretary or designated agent. A proxy is valid for 90 days from the date signed unless a shorter period is specified. Proxies can be either general (any matter at a meeting) or limited (specific items only). Unlike Chapter 718 condominiums - which prohibit proxies for board elections - HOAs may use proxies for elections if their governing documents allow.
- What is the recall procedure for a Florida HOA board member under § 720.303?
- Although the recall mechanism lives at § 720.303(10), it's frequently raised in the same meetings as those governed by § 720.306. Any board member can be recalled by a majority vote of the total voting interests of the association. Recall may be accomplished by written agreement signed by the requisite number of members and delivered to the board, or by a vote at a special meeting called for that purpose. The board has 5 business days to acknowledge a recall; failure to do so escalates the matter to DBPR arbitration. Recall disputes are arbitration-exclusive under § 720.311.
Run annual meetings the right way on Common Elements
Generate compliant notices, manage proxy collection, track quorum in real time, and document votes - all in one workspace built for Florida HOAs.
This is not legal advice. Consult association counsel for your specific situation.