Does a developer get to vote for all of the seats in an HOA turnover election?

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Question

Does a developer get to vote for all of the seats in an HOA turnover election?

Anonymous Aug 5, 2015 Business 4 views 2 answers

Our HOA held a developer turnover election for the 5 total seats. 720.307 states that the Developer is entitled to elect at least one of the five directors because he still has more than 5 percent of lots for sale. However, because owner turnout was low, the other 4 candidates voted by the developer also got elected. Wouldn't the developer only be able to vote for maximum of two candidates (with one being guaranteed elected) because 720.307(2) state that can exercise right to vote developer owned voting interests in the same manner as any other member, EXCEPT for purposes of reacquiring control or selecting a majority of the members of the Board? If that is correct, it would appear there would have to be two ballots, one for owners and one for the developer with differing selections?

Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed · Answer 1 · 2026-06-15T15:40:01+00:00

To answer your question accurately requires a review of the Declarations, Bylaws and Articles of Incorporation to see if there is language that conflicts with or clarifies the statute. You state the developer holds more than 5% of the lots but not what percentage. The developer most likely is entitled to one seat, two at the most, but no more than that. He should not have been allowed to vote for more than two candidates, based on the facts as you present them. Consult with a HOA lawyer for a definite statement.

Jonathan Klurfeld · Answer 2 · 2026-06-15T15:40:01+00:00

The HOA docs govern and the only way to know if to bring them to a lawyer for review. The question is extremely tough to give any type of answer as every set of governing docs is a bit different. Possibly he was entitled to vote on only 2 seats. But some practical questions. Who was not elected that you wanted? Obviously you have some personal issue with who is on the Board or you wouldn't be questioning the method now after the fact if you thought competent people were on the Board. And if not enough owners turned out to elect members, then how long is the Board supposed to go without members because no one wants to participate in the process? At some point you need a Board to make decisions and get the ball rolling.

Does a developer get to vote for all of the seats in an HOA turnover election?

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