A buyer-oriented framework for reviewing owner voting, proxy controls and remote board participation at 2200 Brickell, with precise questions for counsel, management and technology vendors.
At 2200 Brickell in Miami, the ownership conversation should extend beyond the residence. Voting procedures, representative authority and meeting access warrant careful review before buyers form expectations about association participation.
The essential distinction is straightforward: electronic owner voting, owner proxies and remote director participation are separate processes, each with its own safeguards. A convenient interface does not establish ballot validity, and a director joining by video does not settle every question about owner access.
Treat the following as a diligence framework, not confirmation of adopted building policies. Counsel should review the governing documents and the law effective on the relevant meeting or election date before advising on a particular procedure.
Ask counsel to obtain the declaration, bylaws and applicable association procedures. These documents are the starting point for determining how Florida condominium requirements apply and which matters require owner rather than board action.
The first discussion should establish who is voting, what is being decided and which procedure governs. An owner election, an owner vote on another matter and a board decision are not interchangeable simply because they use the same digital interface.
Counsel should also determine whether Florida’s not-for-profit corporation provisions concerning member proxies and remote participation apply alongside condominium law. Management should then translate that legal analysis into clear instructions, deadlines and assigned responsibilities. Buyers need more than reassurance that a system is available; they need clarity about its authorized use.
A Florida condominium association may authorize Internet-based voting through a board resolution under Section 718.128. Ask whether that resolution has been adopted, and request its procedures for owner consent, opting out and applicable deadlines.
The board meeting at which online voting is considered requires at least 14 days’ notice, with evidence of notice compliance preserved. This requirement is distinct from the separate advance device-testing requirement.
Owners must consent electronically or in writing before using online voting. Once authorized, the association must honor an owner’s request to vote electronically in subsequent elections unless that owner opts out. Traditional voting options remain available to owners who do not consent.
For buyers also considering Una Residences Brickell, these questions provide a useful comparison framework without implying that either association has adopted a particular system. Ask management how consent records are maintained and how an owner changes participation preferences.
The online voting system must authenticate both the owner’s identity and the validity of the electronic vote. For elections requiring secret ballots, identifying information must be permanently separated from the ballot so that a vote cannot be linked to a particular owner. Each electronic voter must also receive a receipt.
Ask the vendor to explain how these requirements work together. What does the receipt confirm? Who can access eligibility information? How are authentication records kept apart from secret ballot contents? Request documentation, not a general assurance that the system is secure.
Management should identify who maintains the eligibility roster, reconciles ownership changes and prevents duplicate voting across electronic and paper channels. Counsel should review the proposed treatment of conflicting submissions.
Vendor diligence should also cover access controls, audit logs, records retention, incident response and outage contingencies. Resolve these questions before voting opens; do not assume they are features of any selected platform.
The association must provide a method to confirm that an owner’s device communicates successfully with the voting system at least 14 days before the voting deadline. Ask who schedules that opportunity and how owners receive instructions.
An owner voting electronically under Section 718.128 counts as attending the meeting for quorum purposes. Management should explain how electronic participation will be reconciled with other attendance records. Quorum treatment should not be confused with the ability to observe or speak during a meeting.
A mock election, accessible instructions and a named support contact are sensible requests, not confirmed services. Ask what happens if an owner cannot complete the device check or encounters an outage near the deadline. Counsel should review any proposed fallback rather than leave it to be improvised during the vote.
Except where specifically permitted, residential condominium owners may not vote by general proxy. Limited proxies must substantially conform to the form adopted by Florida’s condominium regulator. Counsel should identify when a proxy is permissible and which form suits the matter under consideration.
A condominium proxy is not valid beyond 90 days after the first meeting for which it was given. This is an outer limit, not a reason to assume every submission remains usable for the full period.
Ask counsel how the forms identify the relevant meeting and voting matters and establish execution and voting authority. Electronic delivery calls for validation, not an assumption that a scanned document is sufficient.
Management should explain who checks expiration, representative authority, revocation and conflicting submissions. The proposed process should distinguish an owner’s ballot from a representative’s authority to act and establish how disputed documents reach counsel before they affect the result.
Florida law permits board meetings in person or by video conference. Directors or committee members participating through qualifying real-time communications may count toward quorum and vote. The audio arrangement must allow directors, committee members and owners attending in person to hear remote participants.
A video-conference board-meeting notice must identify the video format and include the access hyperlink, conference telephone number and physical location where owners may attend. Ask management to demonstrate the room’s audio setup and explain how connectivity failures will affect quorum and voting.
Directors may not vote by proxy or secret ballot at board meetings, except that officers may be elected by secret ballot. Each participating director’s vote or abstention must be recorded in the minutes.
Counsel should address owner observation and speaking rights separately. Ask how remote owners will follow proceedings and request recognition. A functioning director connection is not, by itself, a complete owner-access procedure.
Whether evaluating 2200 Brickell or The Residences at 1428 Brickell, buyers can apply the same discipline: request the governing documents, any adopted online-voting resolution, owner instructions, proxy forms and meeting-access procedures. Do not infer one building’s practices from another’s.
The strongest outcome is a clear division of responsibility. Counsel validates legal authority; management maintains the participation process; the vendor demonstrates technical safeguards. Owners should understand how to consent, vote, delegate where permitted and attend without ambiguity.
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Begin a quiet conversationThis article does not establish an adopted system or vendor at 2200 Brickell. Ask counsel and management for any authorizing resolution and current procedures.
An association may authorize Internet-based voting through a board resolution under Section 718.128. The resolution must address owner consent and opt-out procedures and deadlines.
Owners must consent electronically or in writing before using online voting. Traditional voting options remain available for owners who do not consent.
For elections requiring secret ballots, the system must permanently separate identifying information from the ballot so the vote cannot be linked to a particular owner.
The association must provide a method to confirm successful communication between an owner’s device and the voting system at least 14 days before the voting deadline.
An owner voting electronically under Section 718.128 counts as attending the meeting for quorum purposes. That treatment should not be confused with meeting observation or speaking arrangements.
Except where specifically permitted, residential condominium owners may not vote by general proxy. Limited proxies must substantially conform to the regulator’s adopted form.
A proxy is not valid beyond 90 days after the first meeting for which it was given. Counsel should also review authority, revocation and other validity questions.
Directors participating through qualifying real-time communications may count toward quorum and vote. The audio arrangement must allow directors, committee members and owners attending in person to hear remote participants.
Directors may not vote by proxy or secret ballot at board meetings, except that officers may be elected by secret ballot. Each participating director’s vote or abstention must be recorded in the minutes.
