Florida Condo Law,
Simplified.
Everything board members, owners, and residents need to understand about Florida's condominium statutes — without the legal jargon. Updated for 2025 legislation.
Critical Legislative Updates
2025 Mandate
Milestone Inspections & Structural Integrity Reserves Are Now Mandatory
Following the 2021 Surfside collapse, Florida passed SB 4-D requiring all condo buildings 3+ stories to undergo milestone inspections and fully fund structural integrity reserve studies. Here's what your association must do — and by when.
Read Full Guide →Finances
Can a Board Waive Reserve Funding? Not Anymore.
Prior to 2022, associations could vote to waive reserves. For structural integrity items, that option is now eliminated by law.
§ 718.112(2)(f)(3)
Governance
Electronic Voting: Your Association Can Now Go Digital
Florida now allows associations to adopt electronic voting for certain decisions — reducing paper, postage, and time.
§ 718.128
Core Learning Topics
Click Any Topic to Expand Key Points
- Regular board meetings require at least 48 hours' posted notice; annual meetings require 14 days' written notice mailed to all owners.
- Unit owners have the right to attend and speak on any agenda item before the board takes a vote.
- Boards may hold closed (executive) sessions only for attorney-client discussions or personnel matters — all other business must be open.
- Meeting minutes must be recorded and maintained as official records, available to any owner upon written request.
- A quorum— majority of board seats — must be present before any vote can be taken.
- Emergency meetings may be called without advance notice but must be ratified at the next regularly scheduled meeting.
- Every association must adopt a separate operating budget (day-to-day costs) and a reserve budget (future replacements) each year.
- Reserves are required for roofs, painting, pavement, and any component costing $10,000+ to replace with a useful life under 30 years.
- Since 2022, associations in buildings 3+ stories cannot waive or reduce structural integrity reserves — the owner vote workaround no longer applies.
- A Structural Integrity Reserve Study (SIRS) must be completed every 10 years by a licensed engineer or architect.
- Annual budgets must be distributed to all owners at least 14 days before adoption by the board.
- Reserve surplus funds cannot simply be spent — they require a formal board resolution to transfer or reallocate.
- Any unit owner in good standing — not 90+ days delinquent, no relevant criminal convictions — may run for the board.
- Candidates must submit a notice of intent to the association at least 40 days before the election date.
- Elections must use sealed inner ballots for secret voting — Florida has strict integrity procedures enforced by the DBPR.
- Boards cannot use association resources (email lists, newsletters) to favor any candidate over another.
- A board member can be recalled by a majority of all unit owners — not just those who vote — through a written agreement or special meeting.
- A recalled board member may challenge the recall through DBPR arbitration within 5 business days of service.
- Owners may inspect official records — financials, contracts, meeting minutes, insurance policies — within 10 business days of a written request.
- Noncompliance triggers a $50/day penalty (up to $500), plus attorney's fees if legal action is required.
- Owners have the right to speak at board meetings on any agenda item before the board votes on it.
- Owners may audio or video record any board or unit owner meeting they have the right to attend.
- Fines cannot be imposed without a written notice and opportunity to be heard before a fining committee — not the board itself.
- Unit owners vote directly on declaration amendments, material alterations, and large special assessments beyond the board's authority.
- Buildings 3 stories or taller and 30+ years old must complete a Phase 1 Milestone Inspection by December 31, 2024.
- Coastal buildings within 3 miles of the coast that are 25+ years old had the same December 2024 deadline.
- Phase 1 is a visual inspection by a licensed engineer or architect; if concerns are found, a Phase 2 invasive inspection is required.
- Phase 2 may involve opening walls, ceilings, or structural elements — the association bears the cost.
- Results must be shared with local building officials and all unit owners within 45 days of completion.
- If a building is found structurally unsafe, local authorities can order immediate evacuation with no grace period.
- Most condo disputes require pre-suit mediation before either party can file a lawsuit — skipping this can get a case dismissed.
- The DBPR handles complaints about elections, records access, meeting violations, and other statutory noncompliance — free to file.
- Owners can petition for DBPR arbitration for faster resolution of election disputes and recall challenges.
- Common disputes include: improper elections, records denial, unlawful fines, and unauthorized rule changes by the board.
- The prevailing party in certain condo disputes may recover attorney's fees and costs from the losing party.
- Total Management coordinates Florida Statute compliance to help boards avoid disputes before they start.
- Associations can restrict pets by breed, size, or number through the recorded declaration or properly adopted rules.
- Service animals trained to assist a person with a disability are protected by the ADA — associations cannot refuse them.
- Emotional Support Animals (ESAs) are protected under the Fair Housing Act — reasonable accommodation is required.
- Associations may request supporting documentation for ESAs but cannot demand specific forms or medical records.
- Charging pet fees or deposits for ESAs or service animals is generally considered illegal housing discrimination.
- Owners denied an ESA accommodation can file a fair housing complaint with HUD or the Florida Commission on Human Relations.
- Associations can restrict leasing — including minimum terms, frequency limits, and caps on the percentage of units rented at once.
- Leasing restrictions must be in the recorded declaration or bylaws — board-only rental policies are generally unenforceable.
- Associations may require tenant approval but cannot arbitrarily deny a qualified tenant — criteria must be objective and non-discriminatory.
- Background and credit checks are permitted but must be applied uniformly to all applicants — selective enforcement creates legal liability.
- Restrictions adopted after a unit is purchased cannot immediately bind that owner — a grandfathering period applies under § 718.110.
- Short-term rentals can be prohibited if the declaration restricts lease duration — many Florida condos enforce a minimum 30-day lease rule.
- Associations must retain official records for at least 7 years — including financials, meeting minutes, contracts, and governing documents.
- Owners may submit a written request to inspect records — the association must respond within 10 business days.
- Noncompliance results in a $50/day penalty (up to $500) plus attorney's fees if legal action becomes necessary.
- Records that cannot be withheld include: budgets, financial statements, board minutes, and vendor contracts.
- Records that are protected from disclosure include attorney-client communications, personnel files, and certain medical information.
- Recent updates require associations to maintain records on a cloud-based or electronic platform accessible to all owners.
Did You Know?
Surprising Facts About Florida Condo Law
"
Fun Fact #1
Florida has more condominium units than any other state in the US — over 1.5 million condo units, all governed by Chapter 718.
Florida Chapter 718 — Condominium Act
"
Fun Fact #2
A board member who knowingly solicits or accepts a kickback from a vendor can face a first-degree misdemeanor charge under Florida law.
§ 718.111(1)(a)
"
Fun Fact #3
Associations must keep financial records for at least 7 years — and owners can demand to inspect them within 10 business days.
§ 718.111(12)
"
Fun Fact #4
A unit owner can run for the board even if their dues are delinquent — but they cannot serve while 90+ days past due.
§ 718.112(2)(d)
"
Fun Fact #5
Florida law prohibits boards from ratifying emergency expenditures at a meeting held more than 7 days after the expense was incurred.
§ 718.112(2)(c)
"
Fun Fact #6
An association cannot prevent an owner from displaying one portable United States flag — regardless of what the condo rules say.
§ 718.113(4)
Statute Quick Reference
Most Referenced Sections of Chapter 718
Statute
What It Covers
Category
§ 718.103
Definitions — what counts as a "unit," "common elements," "association," and more
Foundations
§ 718.111
Powers and duties of the association, including insurance, records, and contracts
Operations
§ 718.112
Bylaws requirements — meetings, elections, board terms, recall, and amendments
Governance
§ 718.113
Maintenance obligations — who is responsible for what, alterations, and improvements
Maintenance
§ 718.115
Common expense and common surplus — what all owners share in paying
Finance
§ 718.116
Assessments — when they're due, interest and late fees, and lien rights
Finance
§ 718.1265
Association emergency powers — what a board can do during a declared state of emergency
Safety
§ 718.128
Electronic voting — how associations can adopt and implement paperless voting
Governance
§ 718.301
Transfer of association control from developer to unit owners
Transition
Glossary
Condo Law Terms, Plain English
Unit
The part of the condominium property that is the subject of individual ownership, as described in the declaration. Typically your apartment, with walls as boundaries.
Common Elements
Portions of the condominium property not included in the units — hallways, roofs, parking areas, pools, and structural elements owned collectively by all unit owners.
Limited Common Elements
Common elements reserved for use by one or more specific units — such as assigned parking spaces, balconies, or storage areas.
Declaration
The foundational document that creates the condominium. It defines the units, common elements, and the basic rules of ownership. Must be recorded with the county.
Reserve Fund
Funds set aside by the association for future repair or replacement of major components — roofs, elevators, pavement, etc. Separate from the operating budget.
SIRS
Structural Integrity Reserve Study — a mandatory study for buildings 3+ stories, analyzing the condition of load-bearing components and setting a funding schedule.
Special Assessment
A one-time charge levied on unit owners beyond regular assessments, typically to fund an unexpected repair or project that exceeds reserve funds.
DBPR
Department of Business and Professional Regulation — the Florida state agency that oversees condominium association compliance and handles owner complaints.
Quorum
The minimum number of members that must be present for a meeting to officially take place and for votes to be valid. Often a majority of board seats.
Have Questions About Your Community's Compliance?
Our team of licensed LCAM managers can walk your board through Florida Statute requirements, SB 4-D deadlines, and reserve funding obligations — at no obligation.