Do Nonvotes Count as “No” Votes in Florida?

Hi Donna,

Under Chapter 720, Florida Statutes, nonvotes generally do not count as “no” votes in a communitywide vote unless your governing documents say otherwise. The outcome of a vote depends on the type of vote required (whether it’s a majority of the quorum, a majority of all members, or a supermajority).

For example, if your governing documents require approval by a majority of the total membership, then any nonvote effectively acts as a “no” because it reduces the number of affirmative votes needed. If the requirement is a majority of a quorum, then only votes cast by those present or voting by proxy count, and nonvotes are irrelevant.

Florida law does not automatically treat silence or failure to vote as opposition. However, if the governing documents specify that approval requires a specific percentage of the entire membership, nonvoting members do indirectly prevent the motion from passing, essentially acting like a “no.”

To know for sure how nonvotes are treated in your HOA, review your declaration, bylaws, and any amendment procedures closely. Chapter 720 defers to the governing documents for many procedural details related to voting thresholds.