The two laws that govern nearly every association-run community in Florida — the Homeowners' Association Act (Chapter 720, Florida Statutes) for HOAs, and the Condominium Act (Chapter 718, Florida Statutes) for condominium associations — explained section by section, with the deadlines, dollar limits, and obligations spelled out.
This page is an educational summary of Florida law, not legal advice, and does not create an attorney-client relationship. Statutes change every legislative session and courts interpret them; your community's governing documents add rules specific to where you live. Always read the official statute text at leg.state.fl.us and consult a Florida attorney for a specific dispute or decision. Current through the 2025 legislative session.
Chapter 720 governs mandatory homeowners' associations — communities of single-family homes, townhomes, and villas where you own your lot. It sets the floor for member rights (records, meetings, elections, due process on fines) that no set of governing documents can take away. The 2024 Homeowners' Association Bill of Rights (HB 1203, effective July 1, 2024) was the largest overhaul in years, and successor bills have continued tightening the law.
Defines the terms the rest of the chapter hangs on — who counts as a member, what the governing documents are, and which associations the chapter reaches.
“Homeowners' association” means a Florida corporation responsible for operating a community in which membership is a mandatory condition of parcel ownership and which can levy assessments that, if unpaid, may become a lien on the parcel.
“Governing documents” means the recorded declaration of covenants and all duly adopted amendments, together with the articles of incorporation and bylaws — in that order of priority.
“Parcel” is the platted or subdivided lot; “member” means the parcel owner entitled to vote.
“Assessment” or “amenity fee” means a sum the parcel owner must pay as authorized by the governing documents or state law.
“Voting interest” means the voting rights distributed to members under the governing documents.
§720.302 — Purposes, scope, and application (HOAs, Ch. 720)
States the Legislature's intent and draws the boundary line: Chapter 720 covers mandatory HOAs but not condominiums, cooperatives, timeshares, or mobile-home communities, which have their own chapters.
Chapter 720 does not apply to communities governed by Chapter 718 (condominiums), Chapter 719 (cooperatives), Chapter 721 (vacation/timeshare plans), or Chapter 723 (mobile home parks).
The Legislature expressly declines to create a full-time state regulatory agency for HOAs — unlike condominiums, HOAs are not routinely supervised by the DBPR (except for structured dispute processes and, since 2024, certain complaint pathways).
Courts resolve most HOA disputes; the chapter channels many of them through pre-suit mediation first (see 720.311).
Powers, Official Records & Financial Reporting
§720.303(1)-(4) — Association powers; board meetings; notice; member participation (HOAs, Ch. 720)
The association operates through its board, but board meetings must generally be open to members, noticed in advance, and members have the right to speak.
A meeting of the board occurs whenever a quorum gathers to conduct association business — and it must be open to all members except meetings with the association's attorney about proposed or pending litigation, and meetings to discuss personnel matters.
Notice of board meetings must be posted conspicuously in the community at least 48 hours in advance (or as the documents require); meetings at which assessments are levied require written notice to members at least 14 days before the meeting stating that assessments will be considered and their nature.
Members have the right to attend and to speak on any matter on the agenda for at least 3 minutes (the association may adopt reasonable written rules governing frequency, duration, and manner of member statements).
Members may record (audio/video) meetings subject to reasonable adopted rules.
An assessment or special assessment adopted without the required 14-day notice is unenforceable as levied.
§720.303(4)-(5) — Official records; inspection rights; penalties for denial (HOAs, Ch. 720)
The association must keep a defined list of official records and let any member (or their authorized representative) inspect and copy them — no reason required.
Official records include: governing documents, minutes for at least 7 years, financial and accounting records for at least 7 years, current insurance policies, contracts, bids for work (kept at least 1 year), ballots and voting records for 1 year after the election, and all written communications to the membership.
Records must be maintained within the state and made available to a parcel owner for inspection or photocopying within 10 business days after receipt of a written request.
Failure to provide access within 10 business days after receiving a written request creates a rebuttable presumption of willful failure; a member denied access is entitled to minimum damages of $50 per calendar day of denial, starting on the 11th business day, up to 10 days ($500 minimum exposure).
The association may not require the member to state a reason for the request, and may adopt reasonable written rules on frequency, time, location, and manner of inspection — but rules may not effectively deny access.
Certain records are protected from member inspection: attorney-client privileged material, information obtained in connection with approval of transfers, medical records, Social Security numbers, driver license numbers, credit card numbers, and other personal identifying information, and personnel records.
Since 2024–2025 reforms: records requests may be submitted by email if the association has an email address for that purpose, and directors or managers who knowingly and intentionally destroy accounting records to hide them, or refuse to release records to gain advantage, face criminal exposure (see 720.3033/HB 1203).
Effective dates: HB 1203 (effective July 1, 2024) lengthened the retention baseline to 7 years, added criminal penalties for records fraud, and created the website posting mandate in 720.303(7).
§720.303(6) — Budgets and reserve accounts (HOAs, Ch. 720)
The board must adopt an annual budget covering estimated revenues and expenses; reserves are governed by how they were established.
The annual budget must set out estimated revenues and expenses and the beginning/ending balances of any reserve accounts.
If reserve accounts were established by the developer or by a majority vote of the total voting interests, reserves become mandatory: the budget must include reserve funds calculated by a formula based on the estimated remaining useful life and replacement cost of each reserve item.
Once mandatory reserves exist, funds may be used for other purposes, or funding waived/reduced, only by a majority vote at a meeting where a quorum is present.
Financial statements provided to members must disclose whether reserves are being funded per the statutory formula and warn if they are not.
The level of the required annual financial report scales with association revenue, and large HOAs must now post official records on a website or app.
Within 90 days after fiscal year end, the association must prepare (and within 21 days after completion, but no later than 120 days after year end, provide or make available to members) an annual financial report.
Report levels by total annual revenue: under $150,000 — report of cash receipts and expenditures; $150,000 to under $300,000 — compiled financial statements; $300,000 to under $500,000 — reviewed financial statements; $500,000 or more — audited financial statements.
Twenty percent of parcel owners may petition for a higher level of reporting for that fiscal year; the membership may also vote to lower the required level, subject to statutory limits on how often.
An association with 100 or more parcels must, by January 1, 2025, maintain a website or mobile application and post digital copies of specified official records (governing documents, current contracts, budgets, financial reports, meeting notices and agendas, and more) accessible to members through a protected portion of the site.
Effective dates: The 100+ parcel website/app mandate (HB 1203) took effect January 1, 2025.
Directors, Architectural Control & Homeowner Protections
§720.3033 — Officers and directors — education, conflicts of interest, criminal accountability (HOAs, Ch. 720)
Directors must certify or complete state-approved education, disclose conflicts, and can face criminal charges for kickbacks, fraud, and records offenses.
Within 90 days after election or appointment, each director must complete a department-approved education curriculum; the certificate is valid for 4 years. A director who fails to comply is suspended from the board until compliance.
Annual continuing education: at least 4 hours per year for directors of associations with fewer than 2,500 parcels, and 8 hours per year for 2,500 parcels or more.
The educational curriculum must cover financial literacy and transparency, recordkeeping, levying of fines, and notice and meeting requirements.
An officer, director, or manager may not solicit or accept any thing or service of value (kickbacks) from a person providing or proposing to provide goods or services to the association; violations are subject to civil penalty and criminal prosecution and the person must be removed from office.
Criminal provisions (since HB 1203): accepting a kickback is punishable under bribery statutes; knowingly and intentionally defacing or destroying official records, or refusing to release them to gain an advantage, is a first-degree misdemeanor; fraudulent voting offenses and certain records fraud can rise to felonies.
If a director or officer is criminally charged with specified offenses (theft/embezzlement from the association, records destruction, obstruction), they must be removed from office pending resolution.
Effective dates: Director education became mandatory (not just written certification) and criminal accountability provisions took effect July 1, 2024 (HB 1203).
§720.3035 — Architectural control (ARC) authority and limits (HOAs, Ch. 720)
An HOA or its architectural review committee may only enforce standards that are actually authorized by the declaration or other published guidelines, and must tell you specifically why a request was denied.
The authority to review and approve plans and specifications exists only to the extent the declaration or other published guidelines and standards expressly state it — including specific location, size, type, or appearance restrictions.
If the documents set out options for colors, materials, or styles, the owner is entitled to select from those options and the association cannot deny a conforming choice.
Since 2024: the ARC must meet with notice, its meetings must be open to members, and a written denial must state with specificity the rule or covenant relied upon and the specific aspect of the proposal that does not conform.
The association may not enforce standards against an owner inconsistently with the published standards, and unauthorized or unpublished 'policies' are unenforceable.
An owner prevailing against the association on unauthorized ARC enforcement recovers damages plus attorney fees and costs.
Effective dates: HB 1203 added the open-ARC-meeting and specific-written-denial requirements effective July 1, 2024.
§720.304 — Rights of homeowners — flags, signs, first responders, SLAPP protection (HOAs, Ch. 720)
A bundle of protections the governing documents cannot override: display of flags, 'support our troops'-style signs, first-responder parking, and protection against strategic lawsuits (SLAPP).
Any homeowner may display up to two portable, removable flags respectfully: the U.S. flag and flags of the State of Florida, military branches, POW-MIA, or first-responder flags — regardless of covenants (since 2023, no HOA approval needed for up to two such flags).
A homeowner may erect a freestanding flagpole up to 20 feet high (subject to easements and setbacks) and fly the U.S. flag plus one other listed flag no larger than 4.5 × 6 feet.
An HOA may not prohibit a first responder from parking their assigned emergency vehicle in an area where the owner otherwise has a right to park.
SLAPP protection: an association may not sue a parcel owner without merit primarily because the owner appeared before a governmental entity, or filed complaints against the association; courts must expedite dismissal and may award attorney fees and treble damages for violations.
Owners may install security cameras, video doorbells, and similar security measures on their own parcel (2024–2025 reforms) subject only to reasonable published standards.
§720.3045 / HB 1203 protections — Limits on regulating items not visible from the street; parking; contractors; trash & holiday decor (HOAs, Ch. 720)
The 2024 reforms carved out zones the HOA cannot regulate at all: the inside of your home, backyard items not visible from the frontage, your choice of contractor, personal vehicles in your driveway, curbside trash timing, and short-lived holiday decorations.
An HOA may not restrict the interior of a structure not visible from the parcel's frontage, an adjacent parcel, an adjacent common area, or a community golf course.
It may not prohibit vegetable gardens, clotheslines, artificial turf, boats, flags, or recreational vehicles when not visible from the frontage, adjacent parcels, adjacent common areas, or a community golf course (720.3045).
It may not prohibit owners or their guests from parking personal vehicles — including pickup trucks — in the owner's driveway or any area where they have a legal right to park, and may not ban work vehicles that are not commercial motor vehicles as defined in s. 320.01.
It may not require review/approval of central air, refrigeration, heating, or ventilation systems not visible from the frontage, adjacent parcels, common areas, or golf course if substantially similar to a previously approved system.
It may not deny a contractor access solely because the contractor is not on an association 'preferred vendor' list.
It may not fine an owner for leaving garbage receptacles at the curb within 24 hours before or after the designated collection time, or for holiday lights/decorations unless they remain more than one week after the association gives written notice to remove them.
Effective dates: These protections took effect July 1, 2024 (HB 1203); the not-visible-items rule (720.3045) originated in 2023's HB 437 and was expanded in 2024.
Fines, Enforcement & Dispute Resolution
§720.305 — Obligations of members; fines; suspensions; due process (HOAs, Ch. 720)
The fine-and-suspension playbook: strict dollar caps, a mandatory 14-day notice and independent-committee hearing, and hard limits on what can become a lien.
Fines may not exceed $100 per violation unless the governing documents allow more; for a continuing violation, up to $100 per day, capped at $1,000 in the aggregate unless the documents allow a higher amount.
A fine of less than $1,000 may not become a lien against a parcel.
Before a fine or suspension may be imposed, the owner (and, if applicable, occupant/licensee/invitee) must get at least 14 days' written notice and an opportunity for a hearing before a committee of at least 3 members who are not officers, directors, or employees, nor the spouse, parent, child, brother, or sister of one. If the committee does not approve by majority vote, the fine or suspension cannot be imposed.
The hearing must be held within 90 days after the notice is mailed or delivered; the committee's role is limited to confirming or rejecting the board's proposed fine/suspension; written notice of the result goes to the owner within 7 days after the hearing.
An approved fine is due 5 days after written notice of the approved fine (with due date, amount, and description) is provided; the notice must identify a designated association contact for questions.
Common-area use rights may be suspended for a reasonable period up to 90 days for violations; use rights and voting rights may also be suspended (no hearing required) when an owner is more than 90 days delinquent on any monetary obligation exceeding $1,000 — but suspension can never impair access to the parcel, utility services, parking necessary to access the parcel, or elevator use.
Effective dates: The 90-day hearing deadline, 5-day due date after notice of an approved fine, and curbside-trash/holiday-decor fine bans came from the 2024–2025 reform cycle (HB 1203; HB 59).
§720.3053 — Failure to fill board vacancies; appointment of receiver (HOAs, Ch. 720)
If an association can't seat a board, any member can petition the circuit court to appoint a receiver to run the association at the members' expense.
If an association fails to fill vacancies sufficient to constitute a quorum, any member may give 30 days' notice of intent to apply to the circuit court for appointment of a receiver.
Notice must be posted in the community and mailed to each member; if vacancies are not filled within the 30 days, the member may petition the court.
The receiver's salary, court costs, and attorney fees are paid by the association; the receiver serves until the vacancies are filled.
Most owner-vs-HOA disputes (covenant enforcement, use restrictions, amendments, meetings, access to records) must go through offer-and-acceptance pre-suit mediation before anyone can file in court.
Disputes over covenant enforcement, use of or changes to the parcel or common areas, amendments to documents, meetings and elections of the board, and access to official records must be submitted to pre-suit mediation before filing suit.
The aggrieved party serves a statutory 'Statement of Claim' offer to mediate listing at least 5 certified mediators; the responding party has 20 days to respond and select a mediator (failure to respond allows suit and shifts fee exposure).
Mediation costs are split equally unless agreed otherwise; a party who fails to attend without good cause pays the other side's mediation-related costs and fees.
Election and recall disputes are NOT mediated — they go to DBPR binding arbitration (if both parties agree) or court.
The pre-suit process tolls applicable statutes of limitation.
Assessment collection disputes are exempt from the mediation requirement.
Ballot fraud in HOA elections is a first-degree misdemeanor — this covers forged ballots, vote buying, menacing voters, and using false information to get on or off a ballot.
Prohibited acts include: willfully and falsely swearing to a voting document; requesting a ballot in another's name; casting a forged or stolen ballot; attempting to vote more than once; and giving or promising anything of value to influence a vote (vote buying).
Perpetrating or aiding fraud in connection with a vote, or preventing a member from voting through menace or corruption, is included.
Each violation is a misdemeanor of the first degree (up to 1 year jail, $1,000 fine); directors charged must be removed from office pending resolution.
Effective dates: Added by the 2023–2024 reform cycle (HB 919 'Homeowners' Associations Bill of Rights' and HB 1203).
Assessments, Liens, Estoppel & Sales Disclosure
§720.308 — Assessments and charges; developer guarantees (HOAs, Ch. 720)
Assessments must be shared as the declaration provides, and a developer who 'guarantees' the assessment level must fund the actual deficit during the guarantee period.
Assessments must be levied against parcels in the proportions or amounts the declaration provides; first-time levies require the 14-day noticed board meeting under 720.303(2).
During developer control, a developer may be excused from assessments on its unsold parcels only if it guarantees members' assessments will not exceed a stated amount and it funds any operating deficit above collected assessments during the guarantee period.
The collections machine: how unpaid assessments become liens, the notice steps required before lien and foreclosure, how payments must be applied, and the liability of new owners and lenders.
The association has a lien on each parcel for unpaid assessments plus interest, late fees (up to the greater of $25 or 5% of the past-due installment), reasonable costs, and attorney fees; the lien is effective and takes priority from the recording of the original declaration.
Before recording a claim of lien, the association must give the owner 45 days' written notice of intent to record (delivered by registered/certified mail plus first-class mail); before filing a foreclosure action it must give another 45 days' notice of intent to foreclose.
Payments received must be applied in statutory order: first to interest, then late fees, then costs and attorney fees, then the delinquent assessment — regardless of any restrictive endorsement on the check.
A parcel owner may make a qualifying offer to pay all amounts secured by the lien, staying foreclosure while payments are made per the statute.
New owners are jointly and severally liable with the previous owner for unpaid assessments; a first-mortgagee acquiring title through foreclosure gets safe-harbor liability capped at the lesser of 12 months of unpaid assessments or 1% of the original mortgage debt.
Interest accrues at the rate in the governing documents (18% per year if none stated); the association must provide a payoff/account ledger on request.
When a parcel is being sold or refinanced, the association must issue a binding statement of what is owed within 10 business days, with statutorily capped fees.
The association must issue the estoppel certificate within 10 business days after receiving a written or electronic request; if not delivered within 10 business days, no fee may be charged.
The certificate must contain statutory contents (assessment amounts and frequency, amounts due, open violations, approval requirements, and more) and is binding on the association.
Effective period: 30 days if delivered electronically, 35 days if by mail; amended certificates restart the period without an extra charge to correct errors.
Fee caps (adjusted every 5 years for inflation; 2023 adjustment): up to $299 base; plus up to $119 more if the account is delinquent; expedited (3-business-day) delivery up to an extra $119.
§720.401 — Disclosure prior to sale (Part II) (HOAs, Ch. 720)
Buyers must be given a statutory disclosure summary before signing a contract; without it, the buyer can void the contract before closing.
Prospective purchasers must receive a disclosure summary stating that membership is mandatory, assessments and special assessments are owed, failure to pay may result in a lien, and rental restrictions may exist, among the statutory items.
The contract must contain a conspicuous clause referencing the disclosure; if the summary is not provided before signing, the buyer may void the contract by written notice within 3 days after receiving the summary or before closing, whichever occurs first. The right terminates at closing.
The rulebook for annual meetings, quorum, proxies, board elections, amending the documents — and the grandfathering rule that shields existing owners from new rental restrictions.
Annual members' meeting is mandatory, with at least 14 days' written notice (mailed, delivered, or electronically transmitted to consenting members) plus posted notice; the election of directors, if one is required, occurs at the annual meeting.
Quorum is 30% of the total voting interests unless the bylaws set a lower figure; members may vote in person, by proxy (valid max 90 days, revocable), or by ballot/electronic vote where authorized.
Unless the documents provide otherwise, any election challenge must be brought within 60 days after the election results are announced.
Amendments to governing documents generally require the approval stated in the documents (or 2/3 of voting interests if silent); proposed amendments must show new words underlined and deleted words stricken; members must receive a copy of any adopted amendment within 30 days after recording.
Rental restrictions: an amendment restricting rental rights (prohibiting rentals, setting minimum terms longer than 6 months, or limiting rental frequency) applies only to owners who acquire title after the effective date or who consent — existing owners are grandfathered until they transfer title (applies to associations of more than 15 parcels).
Elections: notice of the election meeting must go out at least 14 days ahead; candidates may not be required to be 'nominated' in advance where the documents don't require it; secret ballots are used when required by the documents; a person delinquent in any monetary obligation more than 90 days is not eligible for board candidacy, nor is a person convicted of a felony without civil rights restored for at least 5 years.
§720.307 — Transition from developer control (HOAs, Ch. 720)
Members other than the developer are entitled to elect board majorities on a schedule tied to sales percentage and other triggers, and the developer must turn over the association's documents and money.
Members other than the developer are entitled to elect at least a majority of the board no later than 3 months after 90% of the parcels in all phases have been conveyed to members — plus earlier triggers (developer abandonment, dissolution/receivership, developer filing for Chapter 7 bankruptcy, or loss of title through foreclosure).
Members are entitled to elect at least one director when 50% of the parcels have been conveyed.
Within 90 days after transition, the developer must deliver the governing documents, financial records, association funds, tangible property, contracts, insurance policies, permits, warranties, and a financial-records audit covering the developer-control period.
§720.3075 — Prohibited clauses in governing documents (HOAs, Ch. 720)
Certain covenant clauses are void as against public policy — including developer self-dealing clauses and bans on Florida-friendly landscaping.
Void clauses include those giving the developer unilateral power to change documents after transition, and clauses attempting to waive statutory protections.
Documents may not prohibit 'Florida-friendly landscaping' (drought-tolerant, environmentally sound landscaping under s. 373.185) or displaying up to two respectful flags per 720.304.
Documents entered after specified dates may not prohibit property owners from installing energy devices based on renewable resources (see also s. 163.04 — solar rights cannot be prohibited by any covenant).
§720.316 — Association emergency powers (HOAs, Ch. 720)
During a declared state of emergency, the board may take listed protective actions — conduct remote meetings, shorten notice, borrow, mitigate damage — without normal membership approvals.
In response to damage or injury caused by or anticipated from an emergency, the board may: meet with notice as practicable, cancel and reschedule meetings, designate assistant officers, relocate the principal office, enter into contracts, borrow money, levy assessments, and mitigate damage and take action to protect health/safety.
The board may determine portions of the common areas unavailable for use and require removal of debris to prevent injury.
Powers are limited to the time reasonably necessary to protect health, safety, and welfare and to mitigate damage.
A quick timeline of the reform wave reshaping Chapter 720, with effective dates.
HB 437 (effective July 1, 2023): flag display expansion; boats/RVs and items not visible from the frontage protected (720.3045).
HB 919 'Homeowners' Association Bill of Rights' (effective October 1, 2023): fraudulent voting crimes, kickback removal, conflict-of-interest disclosures, designated owner contact for fine questions.
HB 1203 (effective July 1, 2024): 7-year records retention; website mandate for 100+ parcel HOAs (Jan 1, 2025); mandatory director education; criminal penalties for records destruction and fraud; parking, contractor, trash-can, and holiday-decoration protections; open ARC meetings and specific written denials; manager accountability (CAM misconduct discipline).
HB 59 (effective July 1, 2024): associations must give every member a physical or digital copy of the rules and covenants, and again after amendments.
2025 session follow-ons (e.g., HB 913 and related): continued tuning of records, electronic voting, and enforcement provisions — check the official statutes for the current text.
Chapter 718 — the Condominium Act — governs communities where you own a unit inside a shared building plus an undivided interest in the common elements. Unlike HOAs, condominiums are actively regulated by the DBPR's Division of Florida Condominiums, Timeshares, and Mobile Homes. After the 2021 Surfside collapse, SB 4-D (2022) and SB 154 (2023) rewrote building-safety law: milestone structural inspections and fully funded structural reserves are now mandatory for most buildings three stories and taller.
Defines the building blocks: units, common elements, limited common elements, assessments, and the association itself.
“Condominium” is that form of ownership combining exclusive ownership of a unit with an undivided share in the common elements.
“Common elements” means the portions of the condominium property not included in the units (structure, roof, land, etc.); “limited common elements” are reserved for the use of a specific unit (balconies, assigned parking).
“Assessment” means a unit owner's share of funds required for common expenses; “declaration” is the recorded instrument that creates the condominium.
“Unit owner” controlled association arises after transition from developer control (see 718.301).
§718.106 — Appurtenances to units; use rights (Condos, Ch. 718)
What comes with your unit automatically: your share of the common elements, use of limited common elements, membership and voting rights.
Each unit includes as appurtenances the undivided share in the common elements and common surplus, exclusive use of limited common elements assigned to the unit, membership in the association, and the right to use the common elements.
A unit owner is entitled to peaceful possession of the unit; the association's access rights are limited to reasonable times for maintenance/repair of common elements and emergencies.
Owners may display one portable, removable U.S. flag respectfully, and listed military flags on designated holidays, regardless of declaration restrictions.
§718.110 / 718.113(2) — Amendments to the declaration; material alterations (Condos, Ch. 718)
Amending the declaration follows the procedure in the declaration itself (with statutory backstops), and material alterations of the common elements need a 75% owner vote unless the declaration says otherwise.
Amendments require the approval stated in the declaration; if silent, approval of at least two-thirds of the units is a common statutory default; proposed amendments must show additions underlined and deletions stricken.
Certain amendments require unanimous or affected-owner consent: changing the configuration or size of a unit, changing its share of common elements, or its voting rights, generally requires the affected owner's consent (with limited exceptions).
Material alterations or substantial additions to the common elements require approval of 75% of the total voting interests unless the declaration specifies a different procedure (718.113(2)).
Hurricane protection: the board may approve hurricane shutters/impact glass per adopted specifications; owners cannot be barred from statutorily protected hurricane protections (718.113(5)).
Electric vehicle charging: a declaration may not prohibit a unit owner from installing an EV charging station within a limited common element parking space at the owner's expense (718.113(8)).
The condominium official-records regime: what must be kept, the 10-working-day access window, per-day damages for denial, and the website posting requirement for larger associations.
Official records include: recorded documents and amendments, minutes (7 years), accounting records (7 years), current insurance policies, contracts, bids (1 year), ballots and voting materials (1 year), owner roster, and structural/inspection reports (milestone inspection and SIRS reports must be kept for 15 years).
Records must be made available for inspection within 10 working days after receipt of a written request; failure creates a rebuttable presumption of willful failure and entitles the owner to minimum damages of $50 per calendar day for up to 10 days, beginning on the 11th working day.
The association may not require a reason for the request; reasonable rules on frequency/time/manner are allowed (a common safe-harbor rule: at least one 8-hour business day per month).
Associations with 150 or more units (2024 reform lowered from an original 150-unit web mandate to also cover 25+ units for posting basics via HB 1021's amendments — check current text) must maintain a website or app and post the current documents, budgets, contracts, meeting notices, and financial reports in a members-only section.
Protected from inspection: attorney-client privileged records, personnel records, medical records, and owners' personal identifying information (SSNs, driver licenses, credit card numbers, emails/phones where the owner opted out of directory sharing).
Criminal accountability (SB 154 / HB 1021): intentional destruction or refusal to produce official records to hide them, and kickbacks to directors, carry criminal penalties; repeated knowing records violations are a misdemeanor and can escalate.
Effective dates: HB 1021 (effective July 1, 2024) extended criminal accountability, strengthened records access (including email requests), and expanded website/posting duties.
§718.111(11) — Insurance (Condos, Ch. 718)
The association insures the building as originally installed; unit owners insure everything from the unfinished drywall in — plus their personal property and improvements.
The association must use best efforts to obtain adequate property insurance based on the replacement cost of the property to be insured, determined by an independent appraisal at least once every 36 months.
Association coverage includes the building structure and common elements; it excludes floor/wall/ceiling coverings, electrical fixtures, appliances, water heaters, built-in cabinets and countertops, and window treatments within units — those are the unit owner's responsibility.
Unit owners are responsible for reconstruction costs of their own coverage items; associations may force-place coverage and assess the cost if an owner fails to insure where required by the declaration.
§718.112(2)(e)-(f) — Budgets and reserves — including Structural Integrity Reserve Studies (SIRS) (Condos, Ch. 718)
Condo budgets must include reserves for major components, and — post-Surfside — buildings three stories and taller must complete a Structural Integrity Reserve Study and may no longer waive or divert structural reserves.
The proposed annual budget must be detailed and show amounts budgeted by account/expense classification; a copy plus 14 days' notice of the budget meeting must go to owners.
Reserves are required for roof replacement, building painting, pavement resurfacing, and any other item with deferred maintenance/replacement cost exceeding $10,000 (SIRS items use the statutory list).
SIRS: every association operating a building 3 stories or higher must have a Structural Integrity Reserve Study completed at least every 10 years covering roof, structure (load-bearing walls), fireproofing, plumbing, electrical, waterproofing/exterior painting, windows/doors, and any other item over $10,000 affecting structural integrity. First SIRS deadline was December 31, 2024 for most existing buildings.
For SIRS items in buildings 3+ stories, unit owners may NOT vote to waive reserves or use them for other purposes for budgets adopted on or after December 31, 2024 — structural reserves must be fully funded per the study.
Non-SIRS reserves may still be waived or reduced by a majority vote of a quorum, but proxy questions must carry the statutory bold-face warning about the risk of special assessments.
If the budget requires assessments exceeding 115% of the prior year's assessments, 10% of voting interests may petition for a members' alternative budget meeting.
Effective dates: SB 4-D (May 2022) created SIRS and the funding mandate; SB 154 (June 2023) refined the component list, deadlines, and who may perform studies; 2024–2025 bills (HB 1021, HB 913) added flexibility for funding methods (lines of credit, loans) and pooled reserves.
§718.112(2)(d) — Board elections; term limits; eligibility (Condos, Ch. 718)
Condo elections run on a fixed statutory clock — first notice 60 days out, candidacy 40 days out — with secret ballots, term limits of 8 consecutive years, and certification requirements for new directors.
First notice of the election date must go out at least 60 days before the election; candidates must give written notice of intent to run at least 40 days before; the second notice with ballot and candidate information sheets goes out with the annual meeting notice (at least 14 days before).
Elections use secret written ballots (or electronic voting under 718.128); no proxies for board elections in associations of 10 or more units; no quorum is required for the election itself, but at least 20% of eligible voters must cast ballots.
Term limits: a director may not serve more than 8 consecutive years, unless approved by two-thirds of voters or there aren't enough candidates.
Eligibility: a person delinquent in any monetary obligation more than 90 days may not be a candidate; convicted felons without restored civil rights (5+ years) are ineligible.
Within 90 days after election, each director must complete the DBPR-approved education (post-2024, a 4-hour course is required for new directors, with continuing education annually) — failure suspends the director until compliance.
Effective dates: HB 1021 (July 1, 2024) replaced the old 'read-the-documents certification' option with mandatory course education for condo directors.
Board meetings are open to owners with narrow exceptions, require 48 hours' posted notice, and owners may speak on agenda items and record meetings.
Meetings of the board and most committees are open to all unit owners; exceptions: meetings with counsel on proposed/pending litigation and personnel meetings.
Notice with an agenda must be posted conspicuously at least 48 continuous hours in advance; meetings to adopt non-emergency special assessments or rule changes regarding unit use require at least 14 days' mailed/delivered/electronic notice.
Owners have the right to speak on all designated agenda items (subject to reasonable adopted rules, commonly 3 minutes) and to record meetings.
An item not on the posted agenda may be taken up only on an emergency basis with a later ratification, per statute.
§718.112(2)(j) / 718.112(2)(l) — Recall of directors; arbitration of recall disputes (Condos, Ch. 718)
Owners can recall any director, with or without cause, by majority written agreement or vote — and disputed recalls go to the DBPR.
Directors may be recalled by a majority of all voting interests, either by written agreement or at a special meeting called by 10% of the voting interests.
The board must hold a meeting within 5 full business days after service of a recall agreement or the recall meeting; if the board does not certify the recall, it must file with the DBPR for arbitration/enforcement per current statute.
A recalled director must turn over records and property within 10 full business days.
Building Safety — Milestone Inspections & Post-Surfside Reforms
Condo and co-op buildings three stories or higher must undergo an engineer's or architect's milestone structural inspection at 30 years of age (25 near the coast at local option) and every 10 years after.
Applies to condominium and cooperative buildings 3 stories or higher; the phase-one visual inspection is due by December 31 of the year the building reaches 30 years after its certificate of occupancy (local governments may require 25 years for buildings within 3 miles of the coastline), and every 10 years thereafter.
Phase one is a visual examination by a licensed architect or engineer; if substantial structural deterioration is found, a phase-two inspection (which may involve destructive/nondestructive testing) is required.
The inspector must submit a sealed report to the association and local building official; the association must distribute a summary to owners within 45 days of receipt and post it (website/records).
The association must arrange the inspection within 180 days after the local enforcement agency's notice; failure is a breach of the officers' and directors' fiduciary duty.
Buildings that received their certificate of occupancy on or before July 1, 1992 had an initial deadline of December 31, 2024.
Effective dates: Created by SB 4-D (2022) after the Surfside collapse; SB 154 (2023) adjusted the coastal 25-year trigger to local option and clarified scope.
§718.301 / 718.302 — Transfer of association control from the developer (Condos, Ch. 718)
Unit owners take over the board on a statutory schedule tied to sales percentages and time, and the developer must hand over records, funds, and (for larger projects) an audit and engineering reports.
Owners other than the developer elect at least one-third of the board when 15% of the units are conveyed; they elect a majority at the earliest of: 3 years after 50% of units conveyed, 3 months after 90% conveyed, when all units are completed and some sold and none are being offered in the ordinary course, when some units are sold and none are being constructed/offered, or 7 years after recording the declaration.
Within 90 days after turnover, the developer must deliver: recorded documents, minutes, records, funds, an audit of association finances from incorporation, insurance policies, permits, warranties, plans and specifications, and a turnover inspection report by an architect/engineer attesting to the condition of the improvements (for buildings).
Contracts made by the developer-controlled board may be canceled by the owner-controlled board per 718.302's cancellation windows.
Unit owners are strictly liable for assessments; unpaid amounts become a lien with defined pre-suit notice periods, and mortgagees who foreclose get a capped safe-harbor.
A unit owner is liable for all assessments coming due while they own the unit, jointly and severally with the previous owner for amounts due at transfer.
Interest accrues on unpaid assessments at the rate in the declaration (18% if none stated); administrative late fee up to the greater of $25 or 5% of each delinquent installment where the documents allow.
Payments apply first to interest, then late fees, then costs/attorney fees, then the oldest delinquent assessment.
Collection notice ladder: 30-day written notice of late assessment (delinquency notice) before attorney fees may be charged; 45-day notice of intent to record a claim of lien; then 45-day notice of intent to foreclose before filing.
First mortgagee safe-harbor after foreclosure: liability limited to the lesser of 12 months of unpaid common-expense assessments or 1% of the original mortgage debt.
The association may suspend common-element use rights and vote rights for delinquencies over 90 days exceeding $1,000, subject to statutory limits (never access to the unit, utilities, parking needed to reach the unit, or elevators).
Estoppel certificates under 718.116(8) mirror the HOA rule: due within 10 business days, no charge if late, 30/35-day effective period, and the same inflation-adjusted fee caps (up to $299 base, +$119 delinquent, +$119 expedited).
§718.117 — Termination of the condominium (Condos, Ch. 718)
Ending a condominium (for redevelopment or economic waste) requires a supermajority plan of termination with strong protections for objecting owners and original purchasers.
Optional termination generally requires approval of at least 80% of the total voting interests — and fails if more than 5% of the total voting interests object in writing.
The plan of termination must specify how sale proceeds are allocated and guarantee homestead original purchasers at least the original purchase price paid for their units.
Economic-waste termination (repair cost exceeds the combined value) has a lower threshold per current statute; the DBPR reviews plans for compliance.
First mortgage holders must be satisfied per the plan or receive the unit's allocated proceeds up to the outstanding balance.
Instead of court-first litigation, most condo disputes go to the DBPR's Division of Florida Condominiums for mandatory nonbinding arbitration or pre-suit mediation, depending on the dispute type.
“Disputes” covered include board authority to require action by owners (or take action itself), failures to properly conduct elections or meetings, and failures to give adequate notice — but NOT disagreements over assessments, title, eviction, or breaches of fiduciary duty.
Election and recall disputes must be submitted to the Division for binding arbitration or filed in court; other covered disputes may go to pre-suit mediation, then nonbinding arbitration or court.
Before filing, the petitioner must give the respondent advance written notice of the specific dispute and demand for relief.
The prevailing party in arbitration is entitled to costs and attorney fees; an arbitration decision becomes final if no trial de novo is sought within 30 days.
The Division of Florida Condominiums, Timeshares, and Mobile Homes (DBPR) also investigates complaints, can subpoena records, and levies civil penalties against associations — a level of state oversight HOAs do not have.
§718.303 — Obligations of owners; fines; suspensions (Condos, Ch. 718)
The condominium fine regime: $100 per day capped at $1,000 aggregate, a mandatory independent-committee hearing on 14 days' notice, and fines can never become liens.
Fines may not exceed $100 per violation per day, capped at $1,000 in the aggregate for continuing violations.
A condominium fine may NOT become a lien against a unit (unlike HOA fines of $1,000+).
Due process: at least 14 days' written notice and an opportunity for hearing before a committee of at least 3 members who are not officers, directors, employees, or their spouse, parent, child, brother, or sister; committee rejection kills the fine or suspension.
The hearing must be held within 90 days after the notice; the fine is due 5 days after notice of the approved fine (2024 reform).
Common-element use rights may be suspended for a reasonable period for violations; use and voting rights may be suspended for delinquencies over 90 days exceeding $1,000.
Effective dates: HB 1021 (July 1, 2024) added the 90-day hearing deadline and 5-day payment clock, matching the HOA reform.
Condominiums answer to a state regulator, and the 2022–2024 reform wave transformed building safety, reserves, and board accountability.
The DBPR Division of Florida Condominiums, Timeshares, and Mobile Homes has investigative and enforcement power over condo associations: complaint investigation, subpoenas, civil penalties, and arbitration of election/recall disputes.
SB 4-D (effective May 26, 2022): created milestone inspections (553.899) and SIRS; barred waiving structural reserves; required inspection reports as official records.
SB 154 (effective June 9, 2023): refined milestone triggers (25-year coastal option), expanded who may do SIRS, clarified funding, and added glide paths for compliance.
HB 1021 (effective July 1, 2024): 'condo 3.0' — mandatory director education courses, expanded criminal penalties (kickbacks, records fraud, election fraud), stronger DBPR investigative authority, hurricane protection rules, and website/records expansions.
2025 session (HB 913 and related): reserve-funding flexibility (loans/lines of credit with member approval, pooled reserves), electronic voting facilitation, and SIRS timing adjustments — check the official text for details.