"A majority of the total voting interests": how Florida condo votes are really counted

Board notices love the phrase "majority vote." But Florida condo law uses several different kinds of majority, and they are not the same. Whether a vote passes can depend on which one applies.

The difference comes down to one question: are we counting the owners who voted, or every vote in the association? This article walks through the main types, with a simple example, so you can read your next notice with confidence.

Where the law defines it

Section 718.103 of the Florida Statutes defines "voting interests" as the voting rights distributed to the association members under the declaration. In an association that runs more than one condominium, the voting interests are the votes of the owners in all of them, but on a matter about just one condominium, only that condo's owners count.

Section 718.112(2)(b) sets the everyday rules. Unless your bylaws set a lower number, a quorum at an owners' meeting is a majority of the voting interests. Once there is a quorum, most decisions are made by a majority of the voting interests represented at the meeting. That is the ordinary "majority of those present" rule.

But the law also says some decisions need "a majority of the total voting interests" or "a majority of all voting interests." Those are counted against the whole association. Owners who stay home still count, in effect, as votes that did not say yes.

A simple example: a 100-unit building

Say your building has 100 units with one vote each. Here is how each kind of vote works.

• Quorum: unless your bylaws set a lower number, 51 votes must be present (in person or by proxy) before the meeting can decide anything.
• Majority of those present: if 60 votes are present, 31 yes votes pass an ordinary item.
• Majority of the total voting interests: 51 yes votes are needed, no matter how many people come. If only 60 show up, 51 of them must vote yes.
• Board elections: there is no quorum requirement, but at least 20 percent of eligible voters must cast a ballot. Here, that is 20 ballots. The candidates with the most votes win (a plurality).

If your declaration gives units different vote weights, the math changes. Ask your manager for the voting share of each unit.

Which votes need a majority of all the votes

Section 718.112 uses the higher "total" or "all voting interests" bar for several money and governance decisions. Among them:

• Adopting a substitute budget when the board's proposed budget would raise assessments above 115 percent of the prior year's.
• Waiving or reducing reserves in a unit-owner-controlled association. For budgets adopted on or after December 31, 2024, an association that must have a structural integrity reserve study (SIRS) cannot vote to waive or reduce reserves for the items that study covers.
• Pausing or reducing reserve contributions after a milestone inspection (the structural inspection of older buildings) to pay for the repairs it recommended, for no more than two budgets in a row.
• Using reserve money for something other than its planned purpose.
• Recalling a board member, by a vote at a meeting or by written agreement.

Other votes can need even more. For example, if the bylaws do not say how to amend them, the law requires approval by owners of at least two-thirds of the voting interests. Your declaration and bylaws may also set their own thresholds for some decisions.

Proxies: voting when you can't be there

A proxy is a form that lets someone else cast your vote. In a residential condo, owners may not use a general proxy (a blank check). They may use a limited proxy, which spells out how the vote is to be cast, on a form that substantially follows the state's form.

The law requires limited proxies for certain votes, including votes to waive or reduce reserves and to amend the declaration, articles or bylaws. No proxy of any kind may be used to elect board members. A proxy is not valid longer than 90 days after the first meeting it was given for, and you can revoke it at any time. The law also allows electronic voting in some cases, under section 718.128.

If a unit has more than one owner, or is owned by a company or trust, the association may use a voting certificate. That is a document naming the one person who votes for the unit.

What to do

If you are an owner:

• Read the notice for the exact words. "Majority of those present" and "majority of the total voting interests" are different bars.
• For a "total" vote, staying home is not neutral. Your missing vote works like a no.
• If you can't attend, look for the limited proxy in the notice packet, fill it in, and get it back before the deadline the notice gives.
• If several people own your unit, ask the manager whether a voting certificate is on file and who it names.

If you are on the board:

• Before you send a notice, ask your association attorney which threshold applies and which proxy form the vote needs.
• Say the threshold in plain words in the notice, with the actual number: "This needs 51 yes votes out of 100."
• Keep the voting share of each unit, and any voting certificates, in one up-to-date list for the meeting.
• Questions about how the rules apply? The association attorney is the right first call. Owners can also reach the state's Division of Condominiums, Timeshares and Mobile Homes or its condominium ombudsman.