Understanding Opt-In vs Opt-Out Deadlines for Electronic Voting
Florida law allows homeowners’ associations (HOAs) and condominiums to adopt electronic voting. To do this correctly, board members and managers must understand the difference between opt-in deadlines (when owners give consent) and opt-out deadlines (when owners revoke consent).
What Is an Opt-In Deadline?
- The opt-in deadline is the time period set by the board for owners to provide written or electronic consent to participate in electronic voting.
- Florida Statutes (§720.317 for HOAs and §718.128 for condominiums) require that this deadline be “reasonable”, but do not define a specific number of days.
- The board must adopt these deadlines through a formal resolution.
- Notice of the meeting to adopt this resolution must be sent at least 14 days in advance.
What Is an Opt-Out Deadline?
- The opt-out deadline is the time period set by the board for owners who have previously opted in to revoke their consent and return to traditional voting methods.
- Like the opt-in deadline, the law requires that this deadline be reasonable and included in the board’s resolution.
- Once an owner opts in, their consent remains valid until they exercise the opt-out option.
Key Differences at a Glance
|
Element |
Opt-In Deadline |
Opt-Out Deadline |
|
Definition |
Time limit for owners to give consent to vote electronically. |
Time limit for owners to revoke their prior consent. |
|
Who sets it? |
The board, via resolution. |
The board, via resolution. |
|
Legal standard |
Must be “reasonable.” |
Must be “reasonable.” |
|
Notice requirement |
Meeting notice must be sent at least 14 days prior. |
Included in the same resolution and notice process. |
|
Effect |
Consent is valid until owner opts out. |
Revocation cancels the owner’s consent. |
Best Practices for Managers
- Set clear dates: Include specific calendar deadlines for both opt-in and opt-out in the board resolution.
- Communicate early: Owners must receive at least 14 days’ notice before the board adopts electronic voting procedures.
- Document compliance: File an affidavit confirming proper notice and record-keeping in compliance with Florida statutes.
✅ In summary:
- Opt-In = When owners join electronic voting.
- Opt-Out = When owners leave electronic voting.
Both must follow reasonable deadlines set by the board and communicated through proper notice.