Division of Florida Condominiums, Timeshares, and Mobile Homes

Frequently Asked Questions - Unit Owners/Members of the Association

Unit Owners Rights, Responsibilities & Restrictions

40. As a unit owner, do I have the right to attend a budget meeting?

41. As a unit owner, why are my rights restricted as to the use of my individual unit and the common elements?

Unit Owner Meetings/Notices

42. What is the notice requirement for the annual meeting?

43. Is my association required to hold regular meetings on a monthly basis?

Proxies/General & Limited

44. What is the difference between a general proxy and a limited proxy, and when are they used?

45. Can a unit owner mail in a vote or vote by proxy in the election of the board of administration?

Unit Owner Voting Rights

46. What decisions of the association require a unit owner vote?

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40. As a unit owner, do I have the right to attend a budget meeting?

As a unit owner, you should receive at least 14 days advance notice of the budget meeting along with a copy of the proposed annual budget either by mail, personal delivery, or electronic transmission.

Condominium: Section 718.112(2)(e), F.S.
Cooperative: Section 719.106(1)(e)1, F.S.

41. As a unit owner, why are my rights restricted as to the use of my individual unit and the common elements?

Restrictions on the use of both the individual unit and the common elements help to preserve the best interest of all unit owners. Your association documents should detail any restrictions such as types of window coverings, pets, rentals, parking and the number of unit occupants.

Condominium: Section 718.112(3)(b), F.S.
Cooperative: Section 719.106(2)(b), F.S.

42. What is the notice requirement for the annual meeting?

The board must give written notice, including an agenda, by mail, personal delivery, or electronic transmission to each unit owner at least 14 days before the annual meeting of the unit owners. The board must also post a notice of the meeting in a conspicuous place on the property at least 14 continuous days before the meeting.

Condominium: Section 718.112(2)(d)2., F.S.
Cooperative: Section 719.106(1)(d), F.S.

43. Is my association required to hold regular meetings on a monthly basis?

Chapters 718 and 719, Florida Statutes, require every association to hold an annual meeting of the members and a budget meeting. There is no requirement in Chapters 718 or 719, Florida Statutes, for regular meetings of the unit owners or the board of directors. However, the documents of the association should be reviewed for any such requirements.

Condominium: Section 718.112(2)(d), F.S.
Cooperative: Section 719.106(1)(d), F.S.

44. What is the difference between a general proxy and a limited proxy, and when are they used?

In the absence of the voting interest, a general proxy allows a proxyholder to vote however he or she sees fit on any matter that may be undertaken at a specific unit owner meeting. General proxies may be used for matters for which limited proxies are not required. A limited proxy lists the issues that a proxyholder may cast a vote for on behalf of a voting interest, and instructs the proxyholder on how to vote on those issues. Limited proxies are used for votes taken to waive or reduce reserves, votes taken to waive financial statement requirements, amend the declaration, articles of incorporation or bylaws, and for any other matter for which a vote of the unit owners is required. A proxy form may grant a proxyholder both general and limited powers. Limited and general proxies may be used to establish a quorum. The division has available a Sample Limited Proxy Form, known as DBPR Form CO 6000-7.

Condominium: Section 718.112(2)(b)2., & 3., F.S., and Rule 61B-23.002(5), F.A.C.
Cooperative: Section 719.106(1)(b)2.,& 3., F.S.

45. Can a unit owner mail in a vote or vote by proxy in the election of the board of administration?

The members of the board must be elected by written ballot or voting machine. Proxies can not be used in electing the board of directors; however, a condominium association of 10 or fewer units or a cooperative association may, by the affirmative vote of a majority of the total voting interests, provide for different voting and election procedures in its bylaws. The different voting and election procedures may provide for elections to be conducted by limited or general proxy.

Condominium: Section 718.112(2)(d), F.S.
Cooperative: Section 719.106(1)(d), F.S.

46. What decisions of the association require a unit owner vote?

Unit owner decisions are required for votes taken to waive or reduce reserves; use reserves for other purposes; elect directors by ballot; amend the declaration; amend the articles of incorporation or bylaws; recall board members; adopt a substitute budget; materially alter and/or substantially add to the association property; terminate the condominium; extend a developer guarantee; convey title to property; waive financial reporting; and cancel certain contracts. Other unit owner votes may be required by the association’s documents.

Condominium: Sections 718.112(2)(b)2, 718.112(f)2, 718.112(2)(j), 718.113(2)(a), 718.115(1)(d)1, and 718.117(1), F.S.
Cooperative: Sections 719.1055(1), 719.106(1)(b)2, 719.106(1)(e)3, 719.106(1)(h), and 719.106(1)(j)2, F.S.