By Jan Bergemann

Published November 18, 2016


It seems that quite a few people, that includes certain board members, attorneys and community association managers, have serious problems reading and understanding the English language, especially when it comes to reading the provisions regulating the election process in the Condo Act.

The election provisions in Florida Statutes FS 718.112(2)(d) [The Condo Act] are pretty clear and shouldn't create a problem to be followed by anybody who is willing to read it. And for anybody who still has a problem following the rules I suggest to read Florida Administrative Code (FAC 61B-23.0021). The election process for condominiums is spelled out step by step -- and is easy to follow: IF SO DESIRED! As the many election arbitration filings show, there are still too many folks in charge of our communities who feel that they can make up their own rules -- or are trying to stay in power -- or money -- by bending the rules to their advantage.

For condos the magic numbers are 60 days; 40 days, 35 days and 34 to 14 days. Add the number of 20% -- and you can't go wrong.

  • 60 days: The FIRST notice of election is sent to the unit owners.

  • 40 days: This date is the cut-off date for submitting your candidacy.

  • 35 days: That is the cut-off date for submitting your information sheet to be included with the ballot.

  • 34 to 14 days: The SECOND notice is sent to the unit owners. It can go out anywhere from 34 to 14 days before the election

  • 20%: You need 20% qualified voter participation to have an election.

I am really not sure what seems to be so difficult to understand?

For condo folks it's pretty easy, but the election process for HOAs is definitely not. Wait for next week to read my opinion about the election process in HOAs. It's total CHAOS!

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Jan Bergemann Jan Bergemann is president of Cyber Citizens For Justice, Florida 's largest state-wide property owners' advocacy group. CCFJ works on legislation to help owners living in community  

associations. He moved to Florida in 1995 - hoping to retire. He moved into a HOA, where the developer cheated the homeowners and used the association dues for his own purposes. End of retirement!


CCFJ was born in the year 2000, when some owners met in Tallahassee - finding out that power is only in numbers. Bergemann was a member of Governor Jeb Bush's HOA Task force in 2003/2004.


The organization has two websites to inform interested Florida homeowners and condo owners:

News Website:

Educational Website:

We think that only owners can really represent owners, since all service providers surely have a different interest! We are trying to create owner-friendly laws, but the best laws are useless without enforcement. And enforcement is totally lacking in Florida !

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