718.101 Short title · 718.102 Purposes · 718.103 Definitions · 718.1035 Power of attorney; compliance with chapter · 718.104 Creation of condominiums; contents of declaration · 718.1045 Timeshare estates; limitation on creation · 718.105 Recording of declaration · 718.106 Condominium parcels; appurtenances; possession and enjoyment · 718.107 Restraint upon separation and partition of common elements · 718.108 Common elements · 718.1085 Certain regulations not to be retroactively applied · 718.109 Legal description of condominium parcels · 718.110 Amendment of declaration; correction of error or omission by circuit court · 718.111 The association · 718.112 Bylaws · 718.1124 Failure to fill vacancies sufficient to constitute a quorum; receiver · 718.113 Maintenance; limitation upon improvement; display of flag; hurricane protection; religious decorations · 718.114 Association powers · 718.115 Common expenses and common surplus · 718.116 Assessments; liability; lien and priority; interest; collection · 718.117 Termination of condominium · 718.118 Equitable relief · 718.119 Limitation of liability · 718.120 Separate taxation of condominium parcels · 718.121 Liens · 718.122 Unconscionability of certain leases; rebuttable presumption · 718.1224 Prohibition against SLAPP suits; other prohibited actions · 718.1225 Federal Condominium and Cooperative Abuse Relief Act of 1980; applicability · 718.123 Right of owners to peaceably assemble · 718.1232 Cable television service; access without extra charge · 718.124 Limitation on actions by association · 718.125 Attorney's fees · 718.1255 Alternative dispute resolution; mediation; nonbinding arbitration · 718.1256 Condominiums as residential property · 718.1265 Association emergency powers · 718.127 Receivership notification · 718.128 Electronic voting · 718.129 Law enforcement vehicles

Key operative ones:

Applicability rules to note:

• § 718.1085 — certain later-enacted regulations may not be applied retroactively (fire safety/sprinkler retrofit context).
• § 718.1256 — condominiums are declared residential property for purposes of local ordinances, land use and zoning.
• § 718.1225 — federal Condominium and Cooperative Abuse Relief Act of 1980 applicability.
• Many obligations distinguish residential vs. nonresidential vs. timeshare condominiums. SIRS (718.112(2)(g)) and milestone inspections (553.899) apply only to residential condominium buildings three habitable stories or higher. Timeshare condominiums are excluded from the website/app posting mandate.

A condominium is created by recording a declaration in the public records (§ 718.105). Under § 718.104(4), the declaration must contain:

1. Statement submitting the property to condominium ownership
2. Name — must include "condominium" or be followed by "a condominium"
3. Legal description of land; identification of any leasehold estate
4. Unique identifying designation for each unit (letter/name/number)
5. Survey meeting minimum technical standards, graphic description of improvements, plot plan showing units, common elements, locations and dimensions
6. Surveyor's certificate of substantial completion of construction
7. Undivided share of ownership of the common elements (percentage or fraction)
8. Share of common expenses / common surplus (for residential units created after Jan. 1, 1996, must equal the ownership share — see 718.115(2))
9. Multicondominium allocation formulas, if applicable
10. Name of the association and whether for-profit or not-for-profit
11. Membership and voting rights
12. Articles and bylaws
13. Easements for ingress, egress, utilities, support, maintenance
14. Timeshare provisions, if any
15. Statement identifying who is responsible for hurricane protection (added by 2021/2024 amendments)

Developer warranties to purchasers (718.203(1)):

Contractor / subcontractor / supplier warranties (718.203(2)):

• 3 years for roof, structural components, and mechanical/electrical/plumbing elements serving a building or improvement (excluding elements serving only one unit)
• 1 year after completion of all construction for all other improvements/materials

Universal condition: All warranties are conditioned on routine maintenance being performed, unless the maintenance is the obligation of the developer or a developer-controlled association.

Early minority representation

• When unit owners other than the developer own 15% or more of the units that will ultimately be operated by the association, those owners are entitled to elect not less than one-third of the board.

Majority-control triggers — § 718.301(1)

Unit owners other than the developer are entitled to elect a majority of the board upon the first of the following:

Developer's retained seat — § 718.301(2)

The developer may elect at least one board member so long as the developer holds for sale in the ordinary course of business:

• 5% of the units — in condominiums with fewer than 500 units; or
• 2% of the units — in condominiums with more than 500 units

Turnover documents and the transition audit — § 718.301(4)

Within 90 days after unit owners elect a majority of the board, the developer must deliver (non-exhaustive list):

(a) recorded declaration and all amendments · (b) certified copy of articles of incorporation · (c) copy of bylaws · (d) minute books including all minutes · (e) rules and regulations · (f) resignations of resigning officers/directors · (g) an audit of all association financial records from the date of incorporation (or from the date the last audit ended) through the date of turnover, prepared in accordance with generally accepted accounting principles and audited in accordance with generally accepted auditing standards by an independent CPA — this is the statutory "turnover audit" · (h) all association funds and control of accounts · (i) all tangible personal property represented as association property, plus an inventory · (j) a copy of the plans and specifications used in construction/remodeling, with a certificate of an architect or engineer that the plans represent the as-built condition · (k) a list of contractors, subcontractors and suppliers used in construction/remodeling and in landscaping · (l) insurance policies · (m) copies of certificates of occupancy and other permits · (n) written warranties of contractors, subcontractors, suppliers and manufacturers still effective · (o) a roster of unit owners with addresses and telephone numbers · (p)-(q) turnover inspection report(s) covering structural and mechanical systems

Turnover inspection report scope (§ 718.301(4)(p)-(q), added by SB 154, ch. 2023-203):

• (p) — structural/SIRS-type components: roof, load-bearing walls and primary structural members/systems, fireproofing and fire protection systems, plumbing, electrical systems, waterproofing and exterior painting, windows and exterior doors
• (q) — mechanical/other: elevators, HVAC, pools, seawalls, pavement and parking areas, drainage systems, irrigation systems

Also: leases of the common elements, employment and service contracts, all other contracts to which the association is a party, and a certificate/survey or the recorded instrument transferring title.

Developer SIRS obligation: Under 718.112(2)(g), before turnover the developer must have the turnover inspection report in compliance with 718.301(4)(p) and (q) for each building three habitable stories or higher.

• All grants/reservations/contracts made by a developer-controlled association must be fair and reasonable.
• Escalation clauses in condominium management contracts are void as against public policy (see also § 718.4015 for leases).
• Cancellation: a contract entered into before turnover may be canceled by concurrence of 75% of the voting interests of unit owners other than the developer. For contracts affecting a specific condominium in a multicondominium context, the 75% is measured within that condominium. Shared recreational facility contracts have limited cancellation rights.
• Nonresidential condominiums of 10 or fewer units: cancellation threshold is 90% of the total voting interests (added effective July 1, 2025, HB 913 / ch. 2025-175).
• Ratification: a contract requiring the association to purchase or lease property is automatically ratified unless rejected by a majority of unit owners other than the developer within 18 months after owners assume board control.
• Prevailing party recovers attorney's fees; summary procedure (§ 51.011) available.

Developer sales — 15-day cancellation right:

"THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE ... WITHIN 15 DAYS AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE BUYER" and receipt of all required documents.

The buyer also gets a fresh 15-day right after receiving any materially adverse amendment to the offering.

Documents that must be furnished before a developer contract binds the buyer include: prospectus/offering circular, declaration with surveyor's certificate, articles, bylaws, ground leases, management contracts, estimated operating budget, schedule of expenses, recreational facility leases, floor plans and plot plans, covenants and restrictions, milestone inspection reports and structural integrity reserve studies if completed, and turnover inspection reports if completed after July 1, 2023.

Resale (non-developer) disclosure — § 718.503(2): Seller must furnish the buyer the declaration, articles, bylaws, rules, the most recent year-end financial information, the Frequently Asked Questions and Answers sheet, the Governance Form, and, if applicable, the milestone inspection report and SIRS.

7-day resale cancellation: the resale contract must either recite that the buyer received the documents more than 7 days before execution, or contain a clause making the contract voidable within 7 days after execution and receipt of the documents.

[CONFLICT / CORRECTION] Recall is commonly cited at "718.112(2)(j)." That was correct historically, but SB 4-D (2022) inserted a new paragraph (g) (SIRS) and (h) (milestone inspections), shifting everything down. In the current statute, recall is 718.112(2)(l); 718.112(2)(j) is now "Amendment of bylaws." Verified against the current paragraph map:

Anyone citing "718.112(2)(j)" for recall in a 2026 filing is citing a superseded lettering.

• Election validity: "at least 20 percent of the eligible voters must cast a ballot" for a valid election.
• Plurality wins; there is no quorum requirement for the election itself.
• No proxies may be used in the election of board members in a residential condominium (§ 718.112(2)(b)).
• Location of annual meeting: if the bylaws are silent, the meeting must be held within 15 miles of the condominium property or within the same county (added by HB 913, eff. July 1, 2025).

A person is not eligible for board membership if he or she:

• Is delinquent in the payment of any monetary obligation due to the association (§ 718.112(2)(p) also removes a sitting director who becomes more than 90 days delinquent, deeming the office vacant);
• Has been convicted of any felony in Florida or any other jurisdiction, unless civil rights have been restored for at least 5 years as of the date of seeking election;
• Has been suspended or removed by the division, or is delinquent in payment of a fine/penalty imposed by the division;
• Section 718.112(2)(q) — a director or officer charged by information or indictment with any of the enumerated offenses must be removed from office, and the vacancy filled per general law, until the charges are resolved or the term expires. If the charges are dismissed or the person is found not guilty, the person must be reinstated for the remainder of the term.

Newly elected/appointed directors must submit to the association secretary, within 1 year before election/appointment or within 90 days after election/appointment:

1. A written certification that the director has read the declaration, articles, bylaws and current written rules and policies; will work to uphold them; and will faithfully discharge his or her fiduciary responsibility; and
2. A certificate of completion of an educational curriculum administered by the division or a division-approved condominium education provider. The curriculum must be at least 4 hours long and must cover: milestone inspections, structural integrity reserve studies, elections, recordkeeping, financial literacy and transparency, levying of fines, and notice and meeting requirements.

Continuing education: One year after submission of the most recent certification, and annually thereafter, a director of a residential condominium must submit a certificate of at least 1 hour of continuing education on recent changes to condominium laws and rules during the past year.

Certificate validity: The educational certificate is valid for 7 years.

Legacy compliance date: Directors elected or appointed before July 1, 2024 had until June 30, 2025 (commonly stated as "July 1, 2025") to comply. [CONFLICT — sources state both June 30, 2025 and July 1, 2025; the practical effect is identical.]

Consequence of non-compliance: A director who fails to timely submit the written certification and educational certificate is suspended from service on the board until he or she complies.

Removal upon charge — § 718.112(2)(q): an officer or director charged by information or indictment with any of the above offenses (or with forgery of ballot, theft/embezzlement of association funds, destruction of records, or obstruction) must be removed from office and the vacancy filled until resolution.

Referral duty — § 718.501: "The division shall refer to local law enforcement authorities any person whom the division believes has engaged in fraud, theft, embezzlement, or other criminal activity."

• Directors, officers, and their relatives within the third degree of consanguinity by blood or marriage must disclose activity that "may reasonably be construed to be a conflict of interest."
• A rebuttable presumption of conflict arises when the association contracts with a director/officer or relative, or with a business in which such a person holds a financial interest, without prior notice.
• Board approval: requires an affirmative vote of two-thirds of the directors present (excluding the conflicted director, who must present the proposal and then leave the room during discussion and voting).
• Member cancellation: the contract may be canceled by a majority vote of the members present at the next regular or special meeting.
• Undisclosed contracts: at least 20% of the voting interests may file written notice to void the contract.
• On cancellation, the association owes only the reasonable value of goods/services already provided, and is not liable for termination fees, liquidated damages, or other penalties.
• Most recent amendment: ch. 2024-244.
• 2026 interaction: HB 797 (2026) substantially rewrote § 617.0832 (nonprofit director conflict-of-interest transactions), effective July 1, 2026. Because § 718.3027 cross-references ch. 617 compliance, condominium boards now operate under the modernized ch. 617 conflict framework. This is the principal way the 2026 session reached condominiums. See §13.

• Standard: "any member of the board of administration may be recalled and removed from office with or without cause by the vote or agreement in writing by a majority of all the voting interests."
• Two methods: (1) at a special meeting of the unit owners called by 10% of the voting interests, or (2) by written agreement served on the association.
• Board response: the board must hold a noticed board meeting within 5 full business days after the adjournment of the unit owner recall meeting or after service of the written recall agreement. At that meeting the board must either certify the recall (in which case the recall is effective immediately and the recalled members must turn over records) or not certify it, in which case the board must, within the same 5 full business days, file a petition for binding arbitration with the division (or in a court of competent jurisdiction).
• Records turnover: recalled members must return all association records and property in their possession within 10 full business days.
• Challenge window: a petition challenging the validity of a recall must be filed within 60 days after the recall; the prevailing challenger recovers reasonable attorney fees and costs.
• Blackout periods: the division may not accept a recall filing when there are 60 or fewer days until the scheduled reelection of the board member sought to be recalled, or within 60 days after the election of that member.
• Recall disputes may not go to presuit mediation — they must be arbitrated by the division or filed in court (§ 718.1255).

• Quorum default: "Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members is a majority of the voting interests."
• Note: the 30% figure sometimes quoted is the HOA rule under ch. 720, not the condominium rule.
• Proxy validity: "A proxy is not valid longer than 90 days after the date of the first meeting for which it was given." Proxies are revocable at any time at the pleasure of the person who executes them.
• Limited proxies required for: votes to waive or reduce reserves, votes to use reserve funds for other purposes, votes to amend the declaration, votes to amend the articles or bylaws, and any other matter for which ch. 718 requires or permits a vote of the unit owners.
• General proxies may be used for establishing a quorum.
• No proxies in board elections in a residential condominium (except as provided in (2)(d)).
• Voting interests suspended under § 718.303(4)-(5) are subtracted from the total number of voting interests for quorum and percentage-vote calculations.

Formal online voting system:

• Requires a board resolution adopted at a properly noticed board meeting, providing that unit owners may vote electronically and giving notice of the meeting at which the resolution will be considered.
• The association must provide each owner with (a) a method to authenticate the owner's identity to the online voting system, (b) for elections, a method to transmit an electronic ballot that ensures secrecy and integrity, and (c) a method to confirm at least 14 days before the voting deadline that the owner's electronic device can successfully communicate with the system.
• The system must permanently separate any authentication or identifying information from the electronic election ballot, rendering it impossible to tie a ballot to a specific owner; and must store and keep electronic votes accessible to election officials.
• Once a board adopts electronic voting, it must honor an owner's written consent to vote electronically in future elections until the owner opts out in writing.
• Petition mechanism: if at least 25% of the voting interests petition, the board must, within 21 days, hold a meeting to consider adopting electronic voting for the next scheduled election.

E-mail ballot alternative (added by HB 913, eff. July 1, 2025):

• An association without an online voting system may designate an e-mail address for receipt of ballots.
• Owners voting this way waive ballot secrecy; the statute requires a prominent, capitalized disclosure of that waiver.

Quorum: unit owners voting electronically count toward establishing a quorum. However, where quorum depends on remote/electronic participants, no substantive votes beyond those identified on the electronic ballot may be taken.

Upon a declared state of emergency (or in the event of damage/injury), the board may:

1. Conduct board, committee, election, and membership meetings by telephone, real-time videoconferencing, or similar real-time electronic means
2. Cancel and reschedule any association meeting
3. Name assistant officers who are not directors
4. Relocate the principal office or designate alternative principal offices
5. Enter into agreements with local counties/municipalities for debris removal
6. Implement a disaster plan, including shutting down/off elevators, electricity, water, sewer, or security systems
7. Based on the advice of licensed professionals, determine portions of the property unavailable for entry or occupancy
8. Require the evacuation of the condominium property (with immunity for injury to persons who refuse)
9. Determine whether the property can be safely inhabited or occupied
10. Mitigate further damage — including removing damaged drywall, carpet, and other materials to prevent mold or contagion
11. Contract for items or services for which the owner is otherwise responsible, with the cost charged to the owner and enforceable as an assessment/lien
12. Levy special assessments without a vote of the owners
13. Borrow money and pledge association assets without owner approval

Limits: powers are limited to the time "reasonably necessary to protect the health, safety, and welfare of the association and the unit owners"; the association may not prohibit access for the purpose of sale, lease, or transfer, or for health/safety needs, unless government order prohibits it.

1. A copy of the plans, permits, warranties, and other items provided by the developer under § 718.301(4)
2. A photocopy of the recorded declaration of each condominium operated by the association, and all amendments
3. A photocopy of the recorded bylaws and all amendments
4. A certified copy of the articles of incorporation and all amendments
5. A copy of the current rules of the association
6. Minutes of all meetings of the board, of committees, and of unit owners — kept for at least 7 years; and video recordings of meetings conducted by video conference
7. A current roster of all unit owners with mailing addresses, unit identifications, voting certifications, and, if provided, telephone numbers and e-mail addresses designated for electronic notice
8. All current insurance policies of the association and of condominiums operated by the association
9. A current copy of any management agreement, lease, or other contract to which the association is a party or under which it is obligated
10. Bills of sale or transfer for all property owned by the association
11. Accounting records for the association and for each condominium it operates — including: accurate, itemized and detailed records of all receipts and expenditures; a current account and monthly/periodic statement of the account for each unit showing name, due date and amount of each assessment, amount paid, balance due; all audits, reviews, accounting statements, structural integrity reserve studies, and financial reports; all contracts for work to be performed; bids for work to be performed; all bank statements, canceled checks, and credit card statements (added by HB 913, 2025); all invoices, transaction receipts, or deposit slips substantiating a receipt or expenditure
12. Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting — maintained for 1 year from the date of the election, vote, or meeting
13. All rental records where the association is acting as agent for rental of units
14. A copy of the current Question and Answer sheet (§ 718.504), and all inspection reports (milestone inspections, SIRS, turnover inspection reports)
15. All bids for materials, equipment, or services
16. Board member educational certificates (added by HB 1021, 2024)
17. All affidavits required by ch. 718 (added by HB 913, 2025)
18. "All other written records of the association not specifically included in the foregoing which are related to the operation of the association"

Also required by HB 913 (2025): committee minutes; video conference recordings; bank statements; affidavits.

Location: Records must be maintained within the state. Organization duty (HB 1021, 2024): records must be "maintained in an organized manner that facilitates inspection." Recovery duty: if records are lost, destroyed, or otherwise unavailable, the association has a good faith obligation to obtain and recover the records as is reasonably possible.

• Records are open to inspection by any association member and any person authorized by an association member as that member's representative, at all reasonable times. The right includes the right to make or obtain copies at the reasonable expense, if any, of the member or the authorized representative.
• Location and deadline: "The records of the association shall be made available to a unit owner within 45 miles of the condominium property or within the county in which the condominium property is located within 10 working days after receipt of a written request by the board or its designee."
• [CONFLICT] Many practitioner summaries say "10 business days." The statutory phrase is "10 working days." Treat them as functionally equivalent but cite the statute's language.
• Alternative delivery option: the association may satisfy the request by making the records available electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed.
• Website fulfillment (HB 1021, 2024): "If the requested records are posted on an association's website, or are available for download through an application on a mobile device, the association may fulfill its obligations under this paragraph by directing to the website or the application all persons authorized to request access."
• Checklist requirement (HB 1021, 2024): "In response to a written request to inspect records, the association must simultaneously provide to the requestor a checklist of all records made available for inspection and copying." The checklist must also identify records the association did not make available. The checklist must be maintained for 7 years.

• Records protected by lawyer-client privilege and work product prepared in connection with actual or reasonably anticipated litigation or adversarial administrative proceedings
• Information obtained in connection with the approval of the lease, sale, or other transfer of a unit
• Personnel records of association or management company employees (excluding written employment agreements and budgetary/financial records evidencing compensation)
• Medical records of unit owners
• Personal identifying information: social security numbers, driver license numbers, credit card numbers, e-mail addresses, telephone numbers, facsimile numbers, emergency contact information, addresses other than the unit address, and other personal identifying information of any person
• E-mail exception (HB 1021, 2024): an owner's e-mail address and telephone number are accessible if the owner consented to receive notice by electronic transmission or expressly consented in writing to the disclosure.
• Electronic security measures used to safeguard data, including passwords
• The software and operating system used by the association which allows manipulation of data (the data itself is part of the official records)

Threshold: "An association managing a condominium with 25 or more units which does not contain timeshare units shall post digital copies" of the documents below.

Amendment history — this is the single most consequential recent change:

• HB 1021 (2024), ch. 2024-244 lowered the threshold from 150 or more units to 25 or more units, with a delayed compliance date of January 1, 2026. As of August 14, 2026 the 25-unit threshold is fully in effect.
• Original website mandate: SB 398 (2017), applying to associations of 150 or more units, with a compliance date of July 1, 2018 (later extended to January 1, 2019).

Posting deadline: documents "must be made available on the association's website or made available for download through an application on a mobile device within 30 days after the association receives or creates an official record."

Documents that must be posted:

• The recorded declaration of condominium and each amendment
• The recorded bylaws and each amendment
• The articles of incorporation and each amendment
• The rules of the association
• Approved minutes of all board meetings over the preceding 12 months
• Video recordings for all meetings conducted by video conference over the preceding 12 months (HB 913, 2025)
• A list of all executory contracts or documents to which the association is a party or under which it is obligated, plus a summary of bids for work/services/materials exceeding $500 that were received in the past year
• A list of all bids received within the past year for materials/equipment/services
• The annual budget and any proposed budget to be considered at the annual meeting
• The annual financial report (and any monthly income/expense statement)
• The certification of each director (education/certification)
• All contracts or transactions between the association and any director, officer, corporation, firm, or association that is not an affiliated condominium association, or any other entity in which an association director is also a director or officer and financially interested
• Any contract or document regarding a conflict of interest or possible conflict of interest
• Notice of any unit owner meeting and the agenda, posted no later than 14 days before the meeting
• Notice of any board meeting, the agenda, and any other document required for the meeting, posted at least 7 days before the meeting (note: this posting deadline is longer than the 48-hour physical posting requirement)
• Inspection reports — milestone inspection reports, turnover inspection reports
• The most recent structural integrity reserve study
• Copies of all building permits issued for ongoing or planned construction
• Copies of all affidavits required by ch. 718

Website security: the website or application must be an independent site/application wholly owned and operated by the association, or operated by a third-party provider on behalf of the association, and must be accessible through the Internet. The association must protect access with a username and password for the owner-only portions, and must ensure that records not accessible to owners under (12)(c) are not posted.

Redaction duty: the association must ensure that protected information is redacted before posting. However, the association and its officers/directors/agents are not liable for disclosing information that is protected if the disclosure was inadvertent and in good faith.

• Budget meeting notice: the board must mail/deliver/electronically transmit a copy of the proposed annual budget together with a notice of the meeting at which the budget will be considered at least 14 days before that meeting. Failure to give notice is a jurisdictional defect.
• The 115% rule — § 718.112(2)(e)2.: If the board adopts an annual budget requiring assessments against unit owners exceeding 115% of assessments for the preceding fiscal year, the board must, upon written application of at least 10% of the voting interests received within 21 days after adoption, call a special meeting of the unit owners within 60 days, on not less than 14 days' written notice, to consider a substitute budget. A substitute budget is adopted by a majority of all voting interests unless the bylaws require a larger vote. If no substitute is adopted, the previously adopted budget stands.
• Excluded from the 115% calculation: reserves; anticipated expenses that are not expected to be incurred on a regular or annual basis; assessments for betterments; and assessments/expenditures for reasonable operating expenses in excess of a 15% increase attributable to the association's insurance premiums — plus the board may adopt a budget requiring assessments exceeding 115% by certifying it is necessary. [Practitioner note: the exclusion list is technical; confirm against the current text before relying on it.]

Mandatory reserve accounts. The proposed annual budget must include reserve accounts for capital expenditures and deferred maintenance, covering at minimum:

• Roof replacement
• Building painting
• Pavement resurfacing (regardless of the amount of deferred maintenance or replacement cost)
• Any other item that has a deferred maintenance expense or replacement cost exceeding $25,000 (or the inflation-adjusted amount determined by the division under subparagraph (f)6.)

Amendment history on the threshold: the trigger was $10,000 until HB 1021 (2024) raised it to $25,000 and added the division-administered inflation adjustment mechanism (adjusted annually based on the Consumer Price Index).

Funding formula: "The amount to be reserved for an item is determined by the association's most recent structural integrity reserve study that must be completed" for items in paragraph (g); for other items, the amount is computed using a formula based upon estimated remaining useful life and estimated replacement cost or deferred maintenance expense of each reserve item.

Pooling — § 718.112(2)(f):

• "An association's reserve accounts may be pooled for two or more required components."
• Members may change the accounting method (straight-line to pooled or vice versa) without a vote. (This was the HB 1021/HB 913 clarification; historically pooling adoption itself required an owner vote.) [Flag: sources vary on whether a vote is still required to move from straight-line to pooling; the current text permits the change without a vote.]
• Critical restriction: "reserve funding for components listed in paragraph (g) may only be pooled with other components listed in paragraph (g)." You cannot cross-pool SIRS structural components with non-SIRS components.

Waiver / reduced funding — the 2022-2024 elimination for structural items:

• Historically: the members of a unit-owner-controlled association could, by a majority vote of the voting interests present (in person or by limited proxy) at a duly called meeting, vote to provide no reserves or less reserves than required, and to use reserve funds for other purposes. Any such waiver was effective for one budget year only.
• SB 4-D (2022), ch. 2022-269 created the SIRS regime and set the initial phase-out.
• SB 154 (2023), ch. 2023-203 refined the timing.
• The operative rule now: "For budgets adopted after December 31, 2024, an association that is required to obtain a structural integrity reserve study may not determine to provide no reserves or less reserves than required by this subsection for the items listed in paragraph (g)."
• Practical effect: as of budget years beginning in 2025 and later, reserve waiver and reduced funding for the SIRS structural components is eliminated for residential condominiums with buildings three habitable stories or higher. Waiver remains available only for non-SIRS reserve items.
• Only exception: a multicondominium association operating at least 25 condominiums (other than timeshare condominiums) may use a division-approved alternative funding method (§ 718.103(1)).

Required proxy/ballot warning (mandatory statutory language):

"WAIVING OF RESERVES, IN WHOLE OR IN PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS."

Reserve funds may not be used for other purposes without a majority vote of the total voting interests (and for SIRS items, alternative use is now barred to the same extent as waiver).

New reserve-funding flexibility (HB 913, 2025 / ch. 2025-175):

1. Loans / lines of credit: A unit-owner-controlled association may, upon approval by a majority of the total voting interests, "secure a line of credit or a loan to fund capital expenses required by a milestone inspection," provided the funds remain immediately accessible without further member authorization.
2. Two-year pause on reserve contributions — § 718.112(2)(g):

   "If the association has completed a milestone inspection pursuant to s. 553.899 within the previous 2 calendar years, the board, upon the approval of a majority of the total voting interests of the association, may temporarily pause, for a period of no more than two consecutive annual budgets, reserve fund contributions."

   The pause is intended to let associations direct funds to milestone-driven repairs. It is a pause, not a waiver — the SIRS-based funding obligation resumes.
3. Investment of reserves: the board may invest reserve funds "using best efforts to make prudent investment decisions" in certificates of deposit or depository accounts at a bank or credit union, without a vote of the owners.

Who must have one: "A residential condominium association must have a structural integrity reserve study completed at least every 10 years after the condominium's creation for each building on the condominium property that is three habitable stories or higher in height, as determined by the Florida Building Code."

Required components (verbatim list):

a. Roof.
b. Structure, including load-bearing walls and other primary structural members and primary structural systems as those terms are defined in s. 627.706.
c. Fireproofing and fire protection systems.
d. Plumbing.
e. Electrical systems.
f. Waterproofing and exterior painting.
g. Windows and exterior doors.
h. Any other item that has a deferred maintenance expense or replacement cost that exceeds $25,000 or the inflation-adjusted amount determined by the division under subparagraph (f)6., whichever is greater, and the failure to replace or maintain such item negatively affects the items listed in sub-subparagraphs a.-g., as determined by the visual inspection portion of the structural integrity reserve study.

"A structural integrity reserve study is based on a visual inspection of the condominium property."

Who may perform it: the visual inspection portion must be performed by an engineer licensed under ch. 471, an architect licensed under ch. 481, or a person certified as a reserve specialist or professional reserve analyst by the Community Associations Institute or the Association of Professional Reserve Analysts.

Milestone substitution: "If the milestone inspection required by s. 553.899, or an inspection completed for a similar local requirement, was performed within the past 5 years and meets the requirements of this paragraph, such inspection may be used in place of the visual inspection portion of the structural integrity reserve study."

Deadlines — amendment history:

Current operative text:

"Associations existing on or before July 1, 2022, which are controlled by unit owners other than the developer, must have a structural integrity reserve study completed by December 31, 2025."

"An association that is required to complete a milestone inspection in accordance with s. 553.899 on or before December 31, 2026, may complete the structural integrity reserve study simultaneously with the milestone inspection. In no event may the structural integrity reserve study be completed after December 31, 2026."

[FLAG] As of August 14, 2026, the December 31, 2025 general deadline has passed. Associations that did not qualify for the milestone-concurrent extension are already out of compliance. The absolute outer deadline of December 31, 2026 is approximately 4.5 months away.

Distribution: "Within 45 days after receiving the structural integrity reserve study, the association must distribute a copy of the study to each unit owner or deliver to each unit owner a notice that the completed study is available for inspection and copying upon a written request."

Retention: SIRS must be kept as an official record for at least 15 years (§ 718.111(12)(b)).

Website posting: the most recent SIRS must be posted on the association website/app (§ 718.111(12)(g)).

Developer obligation: before turnover, the developer must have a turnover inspection report complying with § 718.301(4)(p) and (q) for each building three habitable stories or higher.

Conflict-of-interest disclosure (HB 913, 2025): a person or firm bidding on the SIRS, or on repair/replacement work identified in a SIRS or milestone inspection, must disclose conflicts of interest.

• Common expenses (§ 718.115(1)): expenses of operation, maintenance, repair, replacement, or protection of the common elements and association property; costs of carrying out the association's powers and duties; and costs of transportation services, insurance for directors and officers, road maintenance and operation expenses, in-house communications, and security services that obligate the association — provided such services are (i) provided after transfer of control or (ii) provided for in the declaration or bylaws.
• Sharing (§ 718.115(2)): For residential condominiums created after January 1, 1996, each unit's share of common expenses must equal the unit's appurtenant undivided ownership interest in the common elements. For older condominiums, the declaration governs. Multicondominium: expenses of the individual condominium are separate from association-wide expenses; shared expenses are allocated per the declaration.
• Communications/bulk services (§ 718.115(1)(d), as amended 2024): the board may enter bulk-rate contracts for communications services, information services, or Internet services even absent declaration authority; the cost is a common expense. Statutory protections: hearing-impaired, legally blind, and low-income unit owners may discontinue cable/video service without penalty; participating owners share the cost equally.
• Hurricane protection (§ 718.115(1)(e)): the cost of installing hurricane protection on a specific unit is that owner's expense; an owner who already installed compliant protection at his or her own expense receives a credit if the association later installs association-wide protection, but remains responsible for shared maintenance, repair, and replacement expenses.
• Special assessments (§ 718.103(27)): any assessment other than the assessment required by the annual budget. Notice of a board meeting at which a nonemergency special assessment will be considered requires 14 days written notice and posting, and must state the specific purpose. Funds collected for a special assessment may only be used for the stated specific purpose(s); surplus funds are common surplus and, at the board's discretion, may be applied as a credit toward future assessments or refunded.

Timing:

Financial report must be completed within 90 days after the end of the fiscal year (or annually on the date provided in the bylaws).

The association must provide the report to each unit owner within 21 days after the final financial report is completed, but not later than 180 days after the end of the fiscal year.

Affidavit: "Evidence of compliance with this delivery requirement must be made by an affidavit executed by an officer or director of the association" — filed with the official records and posted on the website.

[FLAG / CONFLICT] At least one law-firm summary of HB 913 describes the outer deadline as being "extended from 120 to 180 days." The current statutory text reads 90 days to complete + 21 days to deliver, capped at 180 days after fiscal year end. Rely on the statutory text; the "120 to 180" characterization appears to describe an earlier drafting stage of the bill. [UNVERIFIED whether the pre-2025 outer cap was 120 days.]

Reporting tiers by total annual revenue:

Small associations: An association with fewer than 50 units, regardless of revenue, may prepare a report of cash receipts and expenditures in lieu of the tiered requirement. (This exemption was eliminated for condominiums by HB 1021 (2024) — condominium associations must now report per the revenue tiers regardless of unit count.) [FLAG — verify current text of 718.111(13)(d)/(e) before relying; sources are inconsistent about whether the under-50-unit option survives for condominiums.]

Content of cash receipts and expenditures report: must show amounts of receipts by accounts and receipt classification, and expenses by accounts and expense classification — including at minimum: costs for security, professional and management fees and expenses, taxes, costs for recreation facilities, expenses for refuse collection and utility services, expenses for lawn care, costs for building maintenance and repair, insurance costs, administration and salary expenses, and reserves accumulated and expended for capital expenditures, deferred maintenance, and any other category for which the association maintains reserves.

Opting up or down:

• Owners may vote to have the association prepare a higher level of report.
• Owners may vote (by majority of the voting interests present at a properly called meeting) to prepare a lower level of report for a fiscal year — but an association may not waive the required level of reporting for more than 3 consecutive fiscal years. [FLAG / CONFLICT — one source reads the restriction as "may not do so for consecutive fiscal years" (i.e., no back-to-back waivers). The traditional rule was a 3-consecutive-year cap. Verify against the current text; this changed in the 2021-2024 amendment cycle.]

Original — SB 4-D (2022), ch. 2022-269 (enacted in the wake of the Champlain Towers South collapse, June 24, 2021; special session, effective May 26, 2022):

Inland: "by December 31 of the year in which the building reaches 30 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter."

Coastal: "by December 31 of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter" — for buildings within 3 miles of a coastline.

Amended — SB 154 (2023), ch. 2023-203 (signed June 9, 2023; effective upon becoming law):

• The mandatory 3-mile coastal rule was ELIMINATED. The uniform statewide trigger became 30 years, with subsequent inspections every 10 years thereafter.
• In its place, a local option: the local enforcement agency may require a milestone inspection at 25 years of age (with 10-year reinspections thereafter) if the local enforcement agency determines that local environmental conditions, including proximity to salt water, warrant an earlier inspection.
• [This is the most commonly mis-stated point in secondary sources. Many post-2022 articles still describe a mandatory 25-year rule within 3 miles of the coast. That is no longer the law and has not been since June 9, 2023.]

Also relevant: the "three stories" trigger was clarified to three habitable stories as determined by the Florida Building Code. SB 154 also aligned the SIRS trigger with the same "three habitable stories or higher" standard.

Phase One:

• A visual examination by a licensed architect or engineer.
• Qualitative assessment: "If the architect or engineer performing the phase one inspection finds no signs of substantial structural deterioration to any building components ... phase two of the inspection is not required."
• The professional must submit a sealed inspection report signed by the licensed architect or engineer who performed the inspection.

Phase Two:

• Required only if Phase One reveals substantial structural deterioration.
• "Substantial structural deterioration" means substantial structural distress that negatively affects a building's general structural condition and integrity. It does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes unless the licensed engineer or architect performing the phase one or phase two inspection determines that such surface imperfections are signs of substantial structural deterioration.
• May involve destructive or nondestructive testing at the inspector's direction.
• The inspection may be as extensive or as limited as necessary to fully assess areas of structural distress.

Local enforcement: the local enforcement agency reviews and accepts the report, may prescribe timelines and penalties for failure to comply, and may review and determine whether repairs are necessary. If an owner or board fails to submit proof that repairs have been scheduled or have begun within the 365 days, the local enforcement agency must review and determine whether the building is unsafe for human occupancy.

Distribution to buyers: the milestone inspection report must be provided in developer and resale disclosure packages (§ 718.503).

Retention: milestone inspection reports are official records; associations must keep them and post them to the website/app.

"The liability of a first mortgagee or its successor or assignees who acquire title to a unit by foreclosure or by deed in lieu of foreclosure for the unpaid assessments that became due before the mortgagee's acquisition of title is limited to the lesser of:
a. The unit's unpaid common expenses and regular periodic assessments which accrued or came due during the 12 months immediately preceding the acquisition of title and for which payment in full has not been received by the association; or
b. One percent of the original mortgage debt."

Conditions: "The provisions of this paragraph apply only if the first mortgagee joined the association as a defendant in the foreclosure action." Joinder is not required if, on the date the complaint was filed, the association was dissolved or did not maintain an office or agent for service of process at a location which was known to or reasonably discoverable by the mortgagee.

Key structural point: the association's lien has priority over a first mortgage recorded after April 1, 1992 only to the extent of the safe harbor; otherwise the recorded first mortgage retains priority. The lien relates back to the recording of the declaration (§ 718.116(5)(a)), but is subordinate to a recorded first mortgage except as to the safe harbor amounts.

This is a strict, sequential, three-step regime. Skipping a step forfeits fees or invalidates the lien.

Step 0 — Invoice delivery method — § 718.121(4)

• Assessment invoices/statements of account must be sent by first-class U.S. mail or by electronic transmission to the unit owner's e-mail address maintained in the association's official records.
• Before changing the method of delivery, the association must deliver a written notice of the change to each unit owner at least 30 days before the change, sent by first-class U.S. mail to the owner's last address as reflected in the association's records.
• The unit owner must affirmatively acknowledge his or her understanding that the association will change its method of delivery before the change may take effect; the acknowledgment must be retained as an official record (but is not accessible to other owners).

Step 1 — 30-day NOTICE OF LATE ASSESSMENT — § 718.121(5)

"An association may not require payment of attorney fees related to a past due assessment without first delivering a written notice of late assessment to the unit owner which specifies the amount owed and allows the unit owner to pay the amount owed within 30 days."

• Delivery: by first-class U.S. mail to the unit owner at his or her last address as reflected in the association's records and, if that address is not the unit address, also by first-class U.S. mail to the unit address.
• Deemed delivered upon mailing.
• Rebuttable presumption of compliance is established by a sworn affidavit of the officer, manager, or agent that the notice was mailed.
• Statutorily prescribed form (substantially):

  NOTICE OF LATE ASSESSMENT
  RE: Unit ____ of ____
  The following amounts are currently due on your account to (Name of Association), and must be paid within 30 days of the date of this letter. This letter shall serve as the association's notice of intent to proceed with further collection action against your property no sooner than thirty (30) days of the date of this letter, unless you pay in full the amounts set forth below:
  Maintenance due (dates) $____
  Late fee, if applicable $____
  Interest through (dates) $____
  TOTAL OUTSTANDING $____
  Interest accrues at the rate of ____ percent per annum.

Step 2 — 45-day NOTICE OF INTENT TO RECORD A CLAIM OF LIEN — § 718.121(6)

"No lien may be filed by the association against a condominium unit until 45 days after the date on which a notice of intent to file a lien has been delivered to the owner by registered or certified mail, return receipt requested, and by first-class United States mail to the owner at his or her last address as reflected in the records of the association ... and to the unit address if that address is different."

• Statutorily prescribed form (substantially):

  NOTICE OF INTENT TO RECORD A CLAIM OF LIEN
  RE: Unit ____ of ____
  The following amounts are currently due on your account to (Name of Association), and must be paid within 45 days after your receipt of this letter. This letter shall serve as the association's notice of its intent to record a Claim of Lien against your property no sooner than 45 days after your receipt of this letter, unless you pay in full the amounts set forth below:
  [itemization]

Step 3 — 45-day NOTICE OF INTENT TO FORECLOSE — § 718.116(6)(b)

"No foreclosure judgment may be entered until at least 45 days after the association gives written notice to the unit owner of its intention to foreclose its lien to collect the unpaid assessments."

• If the association gives this notice at least 45 days before filing the foreclosure action, and the notice was sent by registered/certified mail (RRR) and first-class mail to the owner's last address and to the unit address, "the association shall recover attorney fees and costs."
• However: "If the unit owner pays the amounts due before entry of a final judgment, the association shall not recover attorney fees or costs." [This is a strong incentive to pay before judgment; note the interaction with 718.116(3), which applies partial payments to fees first.]

Net practical sequence: 30 days (late assessment) → 45 days (intent to lien) → record lien → 45 days (intent to foreclose) → file suit. Minimum ~120 days from first notice to foreclosure filing.

• The association has a lien on each condominium parcel to secure payment of assessments. Except as otherwise set forth in this section, the lien is effective from and shall relate back to the recording of the original declaration, or, in a phase condominium, to the recording of the amendment adding the phase. However, as to first mortgages of record, the lien is effective from and after recording of a claim of lien in the public records.
• Claim of lien contents: must state the description of the condominium parcel, the name of the record owner, the name and address of the association, the amount due, and the due dates. Must be executed and acknowledged by an officer or authorized agent of the association. The claim of lien secures all unpaid assessments that are due and that may accrue after the claim of lien is recorded and through the entry of a final judgment, as well as interest, administrative late fees, and all reasonable costs and attorney fees incurred by the association incident to the collection process.
• Duration: "The lien is not effective 1 year after the claim of lien was recorded unless, within that time, an action to enforce the lien is commenced." The 1-year period is automatically extended for any length of time during which the association is prevented from filing a foreclosure action by an automatic stay resulting from a bankruptcy petition filed by the parcel owner or any other person claiming an interest in the parcel.
• Notice of contest of lien: a unit owner (or record owner of a mortgage/lien) may record a notice of contest of lien; upon service, "the association has 90 days in which to file an action to enforce the lien; and, if the action is not filed within the 90-day period, the lien is void."
• Release: the association must execute a release upon full payment.

• Foreclosure procedure: the association may bring an action in its name to foreclose a lien for assessments in the manner a mortgage of real property is foreclosed, and may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of lien.
• Receiver: the association is entitled to the appointment of a receiver to collect rent.
• Rent demand — § 718.116(11): If a unit is occupied by a tenant and the unit owner is delinquent in paying any monetary obligation due to the association, "the association may make a written demand that the tenant pay to the association the subsequent rental payments and continue to make such payments until all monetary obligations of the unit owner related to the unit have been paid in full to the association." The tenant must pay the monetary obligations to the association until the association releases the tenant or the tenant discontinues tenancy.
• "A tenant is immune from any claim by the landlord or unit owner related to the rent timely paid to the association after the association has made written demand."
• The association must mail written notice to the unit owner of the association's demand that the tenant pay monetary obligations to the association.
• If the tenant fails to pay, the association may evict the tenant as if the association were the landlord under part II of ch. 83.
• The tenant does not, by virtue of payment, have any rights of a unit owner to vote or examine records.
• The liability of the tenant may not exceed the amount due from the tenant to the tenant's landlord.

Required contents (18 enumerated items) include: the date of issuance; the name(s) of the owner(s) as reflected in the association's books; the unit designation and address; parking/garage space number; attorney's name and contact info if fees are owed; the regular periodic assessment amount and frequency; the date through which assessments are paid; the due date of the next installment and amount; an itemized list of all assessments, special assessments, and other moneys owed as of the date of issuance; an itemized list of any additional assessments, special assessments, and other moneys that are scheduled to become due for each day after the date of issuance for the effective period; whether there is a capital contribution fee, resale fee, transfer fee, or other fee due; whether the association has a right of first refusal; a list of, and contact information for, all other associations of which the unit is a member; contact information for all insurance maintained by the association; and the signature of an officer or authorized agent.

• The association must use its best efforts to obtain and maintain adequate property insurance to protect the association, the association property, the common elements, and the condominium property required to be insured by the association.
• Valuation basis: "adequate property insurance ... may be based on the replacement cost of the property to be insured as determined by an independent insurance appraisal or update of a prior appraisal. The replacement cost must be determined at least once every 36 months [every 3 years]."
• HB 913 (2025) change: the language shifted from mandatory ("must be based") to permissive ("may be based"), giving boards more latitude in the hard Florida property market. [Verified via law-firm analysis; treat as a meaningful softening.]
• Windstorm modeling: the association may consider deductibles as determined by this subsection. For groups of at least three communities created and operating under ch. 718, 719, or 720, coverage may be determined by an independent third-party appraiser using a probable maximum loss for a 250-year windstorm event.

Association policies issued or renewed on or after January 1, 2009 must provide primary coverage for:

1. All portions of the condominium property as originally installed or replacement of like kind and quality, in accordance with the original plans and specifications;
2. All alterations or additions made to the condominium property or association property pursuant to § 718.113(2) (i.e., duly approved material alterations).

Excluded from the association's coverage — the unit owner's responsibility (§ 718.111(11)(b)): The association's coverage excludes all personal property within the unit or limited common elements, and:

• Floor, wall, and ceiling coverings
• Electrical fixtures
• Appliances
• Water heaters
• Water filters
• Built-in cabinets and countertops
• Window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components
• Replacements of any of the foregoing which are located within the boundaries of the unit and serve only that unit
• Air conditioning or heating equipment that services only an individual unit

§ 718.111(11)(g) — Unit owner obligations:

• The unit owner is responsible for insuring the excluded items listed above.
• § 718.111(11)(g)2.: "A unit owner is responsible for the cost of reconstruction of any portions of the condominium property for which the unit owner is required to carry property insurance, or for which the unit owner is responsible under paragraph (j)."
• Associations may require unit owners to carry adequate property insurance and to provide evidence of it; if an owner fails to do so, the association may purchase such coverage on behalf of the unit owner and charge the owner the premiums — collectible as an assessment with lien rights. [Verify the exact enabling language before relying on force-placement; this authority has been narrowed and expanded across amendment cycles.]

"All property insurance deductibles and other damages in excess of property insurance coverage under the property insurance policies maintained by the association are a common expense of the condominium."

Reconstruction responsibility split (§ 718.111(11)(j)):

• The association is responsible for reconstruction, repair, or replacement as necessary to restore the property to the condition it was in as of the date of the casualty, for all portions of the property it is required to insure.
• The unit owner is responsible for reconstruction, repair, or replacement of all personal property within the unit and the excluded items (floor/wall/ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, window treatments), and for any alterations made by the owner.
• Negligence: if the damage was caused by the intentional conduct, negligence, or failure to comply of a unit owner, the association may charge that owner for the deductible and other damages. [Note the Florida case law tension: Restatement-style negligence recovery against unit owners has been limited by cases holding the association's insurance is for the mutual benefit of all owners. [UNVERIFIED — flagged as an area of unsettled case law.]]

A "dispute" means any disagreement between two or more parties that involves:

(a) The authority of the board, under any law or under the declaration, articles, or bylaws, to:

1. Require any owner to take any action, or not to take any action, involving that owner's unit or the appurtenances thereto; or
2. Alter or add to a common area or element;

(b) The failure of a governing body, when required by law or by the association documents, to:

1. Properly conduct elections;
2. Give adequate notice of meetings or other actions;
3. Properly conduct meetings;
4. Allow inspection of books and records;

(c) A plan of termination as set forth in § 718.117.

Expressly EXCLUDED from "dispute":

• Disagreements that primarily involve title to any unit or common element;
• The interpretation or enforcement of any warranty;
• The levy of a fee or assessment, or the collection of an assessment levied against a party;
• The eviction or other removal of a tenant from a unit;
• Alleged breaches of fiduciary duty by one or more directors;
• Claims for damages to a unit based upon an alleged failure of the association to maintain the common elements or condominium property.

[This exclusion list is critically important: assessment collection, fiduciary duty claims, and maintenance-failure damage claims go straight to court — no presuit ADR condition.]

The 2021 shift. Historically (from 1992), § 718.1255 required mandatory nonbinding arbitration through the Division as a condition precedent to filing suit. SB 630 (2021), ch. 2021-91, effective July 1, 2021, changed this: a party may now elect either path.

Current rule:

• Prior to the institution of court litigation, a party to a dispute must either:
  1. Petition the division for nonbinding arbitration, or
  2. Initiate presuit mediation pursuant to the procedures in § 720.311(2)(b) (the HOA presuit mediation statute, incorporated by reference).
• EXCEPTION — election and recall disputes: "Disputes involving elections or recall of board members must be arbitrated by the division or filed in a court of competent jurisdiction; they may not be submitted to presuit mediation."

Practical effect since July 1, 2021: most substantive condominium disputes (rule enforcement, material alteration challenges, records access) can be resolved through the far cheaper and faster presuit mediation channel, while election and recall disputes remain in the Division's binding/nonbinding arbitration lane or in circuit court.

Presuit mediation mechanics (via § 720.311(2)(b)): the aggrieved party serves a statutory demand for presuit mediation on a prescribed form, offering to engage a certified mediator and listing at least five mediators. The recipient has 20 days to respond. Failure to participate exposes the refusing party to fee liability. Mediation fees are generally split equally.

• Division of Florida Condominiums, Timeshares, and Mobile Homes (§ 718.103(18)), within the Department of Business and Professional Regulation (DBPR). Public portal: condos.myfloridalicense.com and www2.myfloridalicense.com/condos-timeshares-mobile-homes/.
• Office of the Condominium Ombudsman (§§ 718.5011-718.5012): appointed by the Governor; located in Tallahassee; monitors and reviews procedures and disputes, assists in reaching voluntary resolution, may make recommendations to the Legislature, may attend and monitor meetings and elections, and may appoint an election monitor upon petition of 15% of the total voting interests or 6 unit owners, whichever is greater.
• Division jurisdiction — § 718.501:
• Before turnover: the division may investigate all matters relating to the developer and the association.
• After turnover: jurisdiction narrows to (i) procedural completion of structural integrity reserve studies, (ii) financial issues — assessments, financial reporting, commingling, use of reserves, (iii) elections and recalls, (iv) maintenance of and unit owner access to official records, (v) meeting procedures and voting requirements, (vi) conflict of interest disclosures, (vii) removal of board members and director education requirements.
• Powers: administer oaths, subpoena witnesses and compel attendance, take evidence, require production of documents, issue cease and desist orders, seek injunctive relief, impose civil penalties, petition for appointment of a receiver, order restitution.
• Civil penalties: up to $5,000 per violation, and each day of a continuing violation may be treated as a separate violation, against developers, associations, association officers/directors, and community association managers who willfully and knowingly violate ch. 718, division rules, or a final order.
• Complaint handling: the division must acknowledge a complaint in writing within 30 days and complete the investigation within 90 days, with monthly status updates if the investigation extends beyond that.
• Criminal referral: mandatory (see §3.7).

Default rule (verbatim):

"75 percent of the total voting interests of the association must approve the alterations or additions before the material alterations or substantial additions are commenced."

Declaration override: "Except as otherwise provided in this section, there shall be no material alteration or substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein."

Practical hierarchy:

1. If the declaration prescribes a procedure/threshold → that governs.
2. If the declaration is silent → 75% of the total voting interests (note: total voting interests, not those present).

Multicondominium: where the alteration is to common elements of a specific condominium, 75% of the total voting interests in that condominium; where the alteration is to association real property, 75% of the total voting interests of the association.

"Material alteration" standard: Florida's controlling test is from Sterling Village Condominium, Inc. v. Breitenbach, 251 So. 2d 685 (Fla. 4th DCA 1971) — a change that "palpably or perceptively varies or changes the form, shape, elements or specifications of a building from its original design or plan, or existing condition, in such a manner as to appreciably affect or influence its function, use, or appearance." [Case law, not statute — verify current citation before use.]

The "necessary maintenance" exception: repairs and replacement in kind that are necessary maintenance are not material alterations and do not require a vote.

• The board may, without a vote of the owners, "install or require that unit owners install hurricane protection that complies with or exceeds the applicable building code."
• "The installation, maintenance, repair, replacement, and operation of hurricane protection ... is NOT considered a material alteration or substantial addition to the common elements or association property." — This removes the 75% barrier entirely for hurricane protection.
• If the board requires owners to install hurricane protection, "A vote of the unit owners to require the installation of hurricane protection must be set forth in a certificate attesting to such vote, executed by the appropriate officer, and the board must record the certificate in the public records of the county."
• Cost: § 718.115(1)(e) — installation cost for a specific unit is that owner's expense; an owner who previously installed compliant protection at his or her own expense receives a credit if the association later installs association-wide protection, but remains liable for shared maintenance/repair/replacement.
• Removal/reinstallation protection: "A unit owner is not responsible for the cost of any removal or reinstallation of hurricane protection ... if its removal is necessary for the maintenance, repair, or replacement of other condominium property or association property for which the association is responsible."
• Board may not refuse approval of a unit owner's hurricane protection that conforms to the association's specifications.

§ 718.110(13) (verbatim) — the grandfathering rule:

"An amendment prohibiting unit owners from renting their units or altering the duration of the rental term or specifying or limiting the number of times unit owners are entitled to rent their units during a specified period applies only to unit owners who consent to the amendment and unit owners who acquire title to their units after the effective date of that amendment."

Three covered categories: (1) outright rental prohibitions, (2) changes to the minimum/maximum rental duration, (3) limits on the frequency of rentals in a period.

Key consequences:

• A rental restriction amendment is prospective only as to non-consenting existing owners.
• The restriction binds all subsequent purchasers, including successors to a grandfathered owner.
• Amendments NOT covered by the grandfather rule (and therefore binding on all owners immediately) include, for example, tenant screening/approval requirements, security deposit requirements, and rules regulating tenant conduct — because they do not prohibit rental or alter duration/frequency. [This distinction is the subject of ongoing dispute; verify with counsel.]

Related:

• § 718.116(11) — rent capture from tenants of delinquent owners (see §8.6).
• § 718.303(4)-(5) — suspension of common element use rights and voting rights for delinquency; does not extend to the unit itself or to access.
• § 718.112(2)(k) — transfer fees: an association may not charge a fee in connection with the sale, mortgage, lease, sublease, or other transfer of a unit unless authorized by the declaration/articles/bylaws, and any such fee may not exceed $150 per applicant other than husband/wife or parent/dependent child, who are considered one applicant. If the lease or sublease is a renewal with the same lessee, no fee may be charged. [Verify the $150 figure against the current text — it has been the subject of proposed increases.]
• § 718.1232 — a unit owner's right of access to cable television service without extra charge.
• § 718.123 — right of unit owners to peaceably assemble on the condominium property and to invite public officers or candidates, and the right to use common elements for meetings.

Bylaws amendment — § 718.112(2)(j): If the bylaws fail to provide a method of amendment, they may be amended if approved by owners of not less than two-thirds of the voting interests. Same underline/strikethrough and "Substantial rewording" rules apply.

Conveyance of common elements — § 718.112(2)(o): limited power to convey a portion of the common elements to a condemning authority for the purpose of providing utility easements, right-of-way expansion, or other public purposes — requires approval of 80% of the total voting interests (unless a lower number is provided in the declaration/bylaws) and does not require unanimous consent.

Path A — Economic waste / impossibility — § 718.117(2)

"Notwithstanding any provision in the declaration, the condominium form of ownership of a property may be terminated by a plan of termination approved by the lesser of the lowest percentage of voting interests necessary to amend the declaration or as otherwise provided in the declaration for approval of termination" if:

• (a) The total estimated cost of construction or repairs necessary to restore the improvements to their former condition or to bring them into compliance with applicable laws or regulations exceeds the combined fair market value of all units in the condominium after completion of the construction or repairs; or
• (b) It becomes impossible to operate or reconstruct a condominium in its prior physical configuration because of land use laws or regulations.

Timeshare-heavy condominiums (§ 718.117(2)): A condominium in which 75% or more of the units are timeshare units "may be terminated only pursuant to a plan of termination approved by 80 percent of the total voting interests of the association and the holders of 80 percent of the original principal amount of outstanding recorded mortgage liens."

Path B — Optional termination — § 718.117(3)

"at least 80 percent of the total voting interests of the condominium" must approve the plan of termination.

"However, if 5 percent or more of the total voting interests of the condominium have rejected the plan of termination by negative vote or by providing written objections, the plan of termination may not proceed."

Waiting period: if a plan is rejected, a subsequent plan of termination may not be considered for 24 months.

Amendment history of these thresholds:

• 2007 (ch. 2007-80) created the modern optional-termination framework.
• 2015-2017 amendments — notably HB 1237 (2017), ch. 2017-188 — tightened the bulk-owner protections, adding the fair-market-value floor, the original-purchase-price floor for homesteads, the relocation payment, and the 24-month waiting period, largely in response to investor "condo terminations" after the 2008 crash.
• § 718.117 was most recently amended by § 28 of ch. 2025-175 (HB 913). [UNVERIFIED — the specific substantive change made by § 28 to § 718.117 has not been isolated. Verify against the enrolled bill text.]

When a single entity or an entity and its affiliates/related parties own at least 80% of the voting interests at the time the plan is recorded:

Voting exclusion: Units owned by the association are not counted in the vote; a bulk owner's units count toward the 80%.

Enacted in 2010 (SB 1196) to unlock stalled and foreclosed condominium inventory after the housing crash.

§ 718.703 — Definitions:

Liability distinction — the core of Part VII (§ 718.704):

• A bulk assignee assumes the developer's obligations and liabilities only from and after the date of the assignment — it does not assume liability for: warranties under §§ 718.203 and 718.618 arising before the acquisition; turnover audit obligations under 718.301(4)(c) for periods before acquisition; funding converter reserves under 718.618; or design/construction defects in the improvements. Warranty liability is limited to the units it actually sells.
• A bulk buyer assumes no developer obligations at all beyond the limited rights it received.
• Both must record the assignment/acquisition and provide notice.

§ 718.705 — Transfer of control: the bulk assignee is obligated to transfer control of the association per § 718.301, and to deliver the § 718.301(4) turnover documents to the extent they are in the bulk assignee's possession.

§ 718.706 — Offering units: a bulk assignee or bulk buyer offering more than seven units must comply with Part V disclosure requirements, though with modifications (e.g., a prospectus/offering circular obligation may be satisfied by delivering the existing developer prospectus plus specified updates).

§ 718.707 — Time limitation (verbatim substance):

"A person acquiring condominium parcels may not be classified as a bulk assignee or bulk buyer unless the condominium parcels were acquired on or after July 1, 2010."

The acquisition date is the date the deed or other instrument of conveyance is recorded, or the date the certificate of title is issued in a foreclosure proceeding.

[FLAG] Part VII originally contained a sunset (acquisitions had to occur before July 1, 2016 for bulk-assignee/buyer status). Some sources still describe that sunset. The current § 718.707 text retrieved states only the July 1, 2010 floor and does not contain the July 1, 2016 ceiling. [CONFLICT — verify whether the 2016 sunset was repealed or extended. Do not rely on Part VII status for a post-2016 acquisition without confirming.]

§ 718.71 — Financial reporting: a bulk assignee or bulk buyer that controls the board is subject to the § 718.111(13) financial reporting requirements.

Verified changes to Chapter 718:

1. § 718.112(2)(g) — SIRS deadline extended. From December 31, 2024 to December 31, 2025, with a further option to complete the SIRS simultaneously with a milestone inspection due on or before December 31, 2026 — but in no event after December 31, 2026.
2. § 718.112(2)(g) — Two-year reserve contribution pause. If the association completed a milestone inspection under § 553.899 within the previous 2 calendar years, the board, upon approval of a majority of the total voting interests, may temporarily pause reserve fund contributions for no more than two consecutive annual budgets.
3. § 718.112(2)(f) — Loans and lines of credit for milestone-driven capital expenses. A unit-owner-controlled association may, upon approval of a majority of the total voting interests, secure a line of credit or a loan to fund capital expenses required by a milestone inspection.
4. § 718.111 — Investment of reserve funds. The board may invest reserve funds "using best efforts to make prudent investment decisions" in certificates of deposit or depository accounts at a bank or credit union, without a vote of the owners.
5. § 718.111(11)(a) — Insurance appraisal softened. "Adequate insurance coverage" may (formerly must) be based on the replacement-cost appraisal, still required at least every 3 years.
6. § 718.111(12)(a) — Official records expanded. Added: committee minutes, video conference recordings, bank statements / canceled checks / credit card statements, and all affidavits required by ch. 718. These must be uploaded to the association website/app within 30 days after receipt or creation.
7. § 718.111(13) — Financial reporting timeline. Report completed within 90 days after fiscal year end; delivered to owners within 21 days after completion; not later than 180 days after fiscal year end. Compliance evidenced by an affidavit executed by an officer or director. [CONFLICT — one law-firm source describes this as extending an outer deadline "from 120 to 180 days." Verify the pre-2025 outer deadline.]
8. §§ 718.112(2)(c), (2)(d), 718.103(33) — Video conference meetings. Board and unit owner meetings (including annual and election meetings) may be conducted in whole or in part by video conference. The notice must contain the hyperlink and conference/phone number; the meeting must be recorded; the recording is an official record retained 1 year; an in-person option is required by the § 718.103(33) definition.
9. § 718.112(2)(d) — Annual meeting location. If bylaws are silent, must be within 15 miles of the condominium property or within the same county.
10. § 718.128 — E-mail ballots. An association without a formal electronic voting system may designate an e-mail address for receipt of ballots; owners so voting waive ballot secrecy and must be given a prominent capitalized disclosure.
11. § 718.112(2)(g) — SIRS/repair bidder conflict-of-interest disclosure. Professionals bidding on a SIRS, or on repair/replacement work identified in a SIRS or milestone inspection, must disclose conflicts of interest.
12. § 718.110(4) — Nonresidential condominium amendment exception. For nonresidential condominiums created on or after July 1, 2025, amendments changing unit configuration/size, appurtenances, or common expense shares require only the consent of the affected owners and their lienholders.
13. § 718.302 — Nonresidential contract cancellation. For nonresidential condominiums of 10 or fewer units, the pre-turnover contract cancellation threshold is 90% of the total voting interests.
14. § 718.117 — amended by § 28 of ch. 2025-175. [UNVERIFIED — specific change not isolated.]
15. §§ 718.103, 718.111, 718.501 and ch. 468 part VIII — Community association manager (CAM) regulation. HB 913 added DBPR licensure administration requirements: licensed managers must create and maintain an online licensure account displaying qualifications and operational information, updated within designated timeframes; management firms must identify the managers they employ through their online accounts; and persons whose CAM license is revoked face restrictions on holding ownership interests in, being employed by, or serving in leadership roles at, management firms for a specified period.

This is verified against two independent sources (Becker & Poliakoff's News-Press session review, and the Florida Condo & HOA Law Blog's July 2026 Community Update).

[Practical note for boards: the fact that no Ch. 718 amendments passed in 2026 means the HB 913 (2025) regime is the operative current law, and the compliance cliffs — the SIRS outer deadline of December 31, 2026, and the already-effective 25-unit website mandate — were not relaxed.]

1. Recall paragraph letter. Recall is commonly cited at 718.112(2)(j). Recall is now 718.112(2)(l); (2)(j) is "Amendment of bylaws." SB 4-D (2022) re-lettered the subsection. (Resolved — correction stated.)
2. "10 working days" vs. "10 business days" for records production. Statute says working days; most secondary sources say business days. (Minor; cite the statute.)
3. Financial reporting outer deadline. One HB 913 summary says it extended "from 120 to 180 days." The statutory text is 90 + 21, capped at 180. Pre-2025 outer cap not independently verified.
4. Financial reporting waiver limit. Sources split between "may not waive for consecutive fiscal years" and the traditional "not more than 3 consecutive fiscal years." Verify current 718.111(13) text.
5. Under-50-unit financial reporting exemption. Whether the cash-receipts option for associations with fewer than 50 units survives for condominiums after HB 1021 (2024) is inconsistently reported. Verify.
6. Reserve pooling conversion vote. Current text permits changing accounting method without a vote; older authority required an owner vote. Verify before advising.
7. Part VII sunset. The current text of § 718.707 states only the July 1, 2010 acquisition floor. The original July 1, 2016 ceiling for bulk assignee/buyer classification does not appear in it. Verify whether it was repealed.
8. § 718.117 amendment by § 28 of ch. 2025-175. Confirmed that HB 913 amended 718.117, but the specific substantive change was not isolated. Check the enrolled bill.
9. § 718.1255 forward-dated July 1, 2027 presuit-mediation provision for milestone/SIRS/reserve disputes (ch. 2023-203 § 7). Not independently confirmed as surviving the 2024-2025 cycles.
10. 8-year term-limit year counting. No controlling appellate authority located; practitioners disagree on whether pre-enactment service counts.
11. Transfer fee cap of $150 (718.112(2)(k)) — not re-verified against the current text; has been the subject of amendment proposals.
12. Force-placed unit owner insurance authority under 718.111(11)(g) — exact enabling language not quoted verbatim; verify scope.
13. Association recovery of deductible from a negligent unit owner — statutory text permits charge-back, but Florida case law on the association's insurer's subrogation against owners is unsettled. Case law is outside the scope of this summary.
14. § 718.112(2)(e) 115%-rule exclusion list — reconstructed from multiple sources; verify verbatim.
15. HB 797 (2026) chapter law number — the bill passed and is effective July 1, 2026, but the Laws of Florida chapter number could not be confirmed.
16. Federal overlay — covered separately: FHA/Fannie/Freddie condominium project eligibility (post-Surfside questionnaires, reserve and deferred-maintenance underwriting standards) materially affects marketability but sits outside Ch. 718. See the Federal Overlay document in this reference.
17. Local ordinances — outside this summary: Miami-Dade (40-year/10-year recertification) and Broward (Building Safety Inspection Program) recertification programs run in parallel with § 553.899 and impose independent obligations. Verify local requirements for any specific property.

• Chapter 718, 2025 Florida Statutes — full chapter
• § 718.103 Definitions
• § 718.104 Creation of condominiums; contents of declaration
• § 718.110 Amendment of declaration
• § 718.111 The association
• § 718.112 Bylaws
• § 718.113 Maintenance; material alterations; flags; hurricane protection
• § 718.114 Association powers
• § 718.115 Common expenses and common surplus
• § 718.116 Assessments; liability; lien and priority; interest; collection
• § 718.117 Termination of condominium
• § 718.121 Liens
• § 718.1224 Prohibition against SLAPP suits
• § 718.124 Limitation on actions by association
• § 718.125 Attorney's fees
• § 718.1255 Alternative dispute resolution
• § 718.1265 Association emergency powers
• § 718.128 Electronic voting
• § 718.202 Sales or reservation deposits prior to closing
• § 718.203 Warranties
• § 718.301 Transfer of association control
• § 718.302 Agreements entered into by the association
• § 718.3027 Conflicts of interest
• § 718.303 Obligations of owners; fines; suspensions
• Chapter 718 Part IV — Special Types of Condominiums
• § 718.501 Division authority
• § 718.503 Developer and non-developer disclosure prior to sale
• Chapter 718 Part VI — Conversions to Condominium
• § 718.608 Notice of intended conversion
• § 718.618 Converter reserve accounts; warranties
• Chapter 718 Part VII — Distressed Condominium Relief
• § 718.703 Definitions (bulk assignee / bulk buyer)
• § 718.707 Time limitation for bulk assignee/buyer classification
• § 553.899 Mandatory structural inspections (current)
• § 553.899 — 2022 version (original SB 4-D text with 3-mile coastal rule)
• § 718.1255 — 2021 version
• § 720.311 — 2021 version (presuit mediation procedures incorporated by reference)

• SB 630 (2021) — enrolled bill text
• CS/CS/CS/HB 1021 (2024) — enrolled bill text (PDF)
• HB 1021 (2024) — Senate bill summary page
• CS/CS/HB 913 (2025) — Florida Senate bill page (ch. 2025-175; approved June 23, 2025; eff. July 1, 2025)
• CS/CS/HB 913 (2025) — Florida House bill page
• SB 1744 (2026) — died in Regulated Industries, March 13, 2026
• SB 718 (2026)
• 2025 Statutes Chapter 0718 — Florida House of Representatives
• Chapter 718 — Justia (2025)

• Becker & Poliakoff — "Review of the Outcome of the 2026 Legislative Session" (News-Press)
• Florida Condo & HOA Law Blog — Community Update, July 2026 (HB 797, HB 803)
• Florida Condo & HOA Law Blog — 25-or-more-unit website requirement
• Kaye Bender Rembaum — Condominium Legislative Spotlight: House Bill 1021
• Rembaum's Association Roundup — House Bill 913: A Summary of What You Need to Know (JS-gated; not directly retrievable)
• Roetzel & Andress — Condo 4.0: Florida's Latest Changes to the Condominium Act (HB 913)
• Roetzel & Andress — Significant Changes to Condominium Act: HB 1021 Signed
• Stearns Weaver Miller — SB 154 (2023) memorandum (PDF)
• Derrevere Stevens Black & Cozad — Implications of Senate Bill 154 on Milestone Inspections
• Pavese Law Firm — Condo Arbitration and Mediation Under § 718.1255
• Adams and Reese — New 2025 Florida Legislation Impacting Community Associations
• KSN Law — New Florida Law: Condominium and Cooperative Associations (Effective July 1, 2025)
• KSN Law — Florida HB 913: New Requirements
• Pope Mazzara — 2025 Legislative Update: HB 913 Brings Sweeping Changes
• Varnum LLP — Florida Condo Associations Impacted by House Bill 1021
• Perez Mayoral, P.A. — New 2025 Florida Condo Laws (HB 913)
• Bilzin Sumberg — Emerging Pressure Points on Florida's Condominiums and HOAs (May 2026)
• WSHB — Florida Condo Regulations in Legislator Targets
• Gerstin & Associates — Florida Condo Board Term Limits in 2026

• Mosaic — Florida HOA 2026 Legislative Session Recap
• Mosaic — Florida Condo & HOA Website Compliance 2026
• FLCAA — Florida Condo Laws: 2026 Compliance Guide to Chapter 718 & HB 1021
• CONDUU — Florida HOA & Condo Website Requirements 2026
• CSI Design — What HB 913 Means for Your Condo Association in 2026
• M2E Engineers — Complete Guide to Florida Milestone Inspections
• CICSC — Florida Condo Milestone Inspection Requirements
• Building Mavens — Florida SB 154 Milestone Inspection Legislation
• Effortless HOA — Florida SIRS & Reserve Study Requirements (2026)
• Homeowners Protection Bureau — Florida Condominium Act full text
• Forest Pines — July 1, 2025 Statute 718 Changes

Part I — General Provisions (720.301-720.318)

Part II — Disclosure Prior to Sale of Residential Parcels (720.401-720.402)
Part III — Covenant Revitalization (720.403-720.407)

720.302 — Purposes, scope, application

• 720.302(1) — Purposes: give statutory recognition to not-for-profit corporations operating residential communities; provide operating procedures; protect members' rights "without unduly impairing the ability of such associations to perform their functions."
• 720.302(2) — Express legislative finding that no state bureau/agency will regulate HOA affairs, except that DBPR ("the department") is authorized to hear/administer/determine election and recall disputes and presuit mediation of covenant-enforcement disputes under s. 720.311. Also preserves pre-existing contract rights, "including, but not limited to, the rights of the developer to complete the community as initially contemplated."
• 720.302(3) — Chapter does not apply to (a) a community composed of property primarily intended for commercial, industrial, or other nonresidential use; or (b) the commercial/industrial parcels in a mixed community.
• 720.302(4) — Chapter does not apply to any association regulated under ch. 718 (condominium), ch. 719 (cooperative), or ch. 721 (timeshare), or to a nonmandatory association formed under ch. 723 (mobile home parks) — except where a provision of 718/719/721 is expressly incorporated into ch. 720.
• 720.302(5) — The Ch. 617 overlay clause. "Unless expressly stated to the contrary, corporations that operate residential homeowners' associations in this state shall be governed by and subject to part I of chapter 607, if the association was incorporated under that part, or to chapter 617, if the association was incorporated under that chapter, and this chapter." This subsection is intended to clarify existing law.
• History: s. 34, ch. 92-49; s. 53, ch. 95-274; s. 45, ch. 2000-258; s. 11, ch. 2003-14; s. 17, ch. 2004-345; s. 14, ch. 2004-353; s. 8, ch. 2007-173; s. 71, ch. 2014-209. Former s. 617.302.

What makes an association subject to Ch. 720 — the 720.301 definitional test

720.301(9) "Homeowners' association" means a Florida corporation responsible for the operation of a community or residential subdivision in which:

1. the voting membership is made up of parcel owners (or their agents/successors) holding a majority of votes;
2. membership is a mandatory condition of parcel ownership; and
3. the association is authorized to impose assessments that, if unpaid, may become a lien on the parcel.

Supporting definitions:

• 720.301(3) "Community" — real property subject to a recorded declaration of covenants in the county where located, including undeveloped phases.
• 720.301(4) "Declaration of covenants" — a recorded written instrument subjecting land to the association's jurisdiction and control.
• 720.301(8) "Governing documents" — recorded declaration + amendments, plus articles of incorporation and bylaws + amendments.
• 720.301(11) "Parcel" — platted or unplatted lot/tract/unit capable of separate conveyance, whose owner must be a member and pay lienable assessments.
• 720.301(1) "Assessment"/"amenity fee"; 720.301(2) "Common area"; 720.301(5) "Department" = DBPR; 720.301(7) "Division" = Division of Florida Condominiums, Timeshares, and Mobile Homes; 720.301(13) "Voting interest."
• History: through s. 19, ch. 2021-99. Former s. 617.301.

Practical rule: all three elements (Florida corporation + mandatory membership + lienable assessments) plus a recorded declaration are required. A voluntary or nonmandatory neighborhood association is not a Ch. 720 HOA. The recorded declaration is the source of substantive covenant authority; Ch. 720 supplies the procedural overlay and mandatory floors and ceilings.

720.303(1) — Powers and duties; corporate form; fiduciary duty; litigation approval

• An association operating a community must be a Florida corporation; for communities created after October 1, 1995, the association must be incorporated and the initial governing documents recorded in the county's official records.
• Fiduciary duty: officers and directors "have a fiduciary relationship to the members who are served by the association," expressly referencing s. 617.0830 (added/clarified by HB 1203, ch. 2024-221).
• Post-turnover standing: the association may "institute, maintain, settle, or appeal actions or hearings in its name on behalf of all members" concerning matters of common interest (common areas, roof/structural components, mechanical/electrical/plumbing elements serving improvements).
• ⚑ Litigation approval threshold: before commencing litigation in the association's name involving amounts in controversy in excess of $100,000, the association must obtain affirmative approval of a majority of the voting interests at a member meeting at which a quorum is attained. Statutory exceptions exist — e.g., collection of assessments, enforcement actions, emergency matters — and the exception list should be verified in the current text.
• Small associations: members of associations with 15 or fewer parcels may enforce only pre-existing deed restrictions in the manner otherwise permitted.
• 720.303(9) APPLICABILITY: "Sections 617.1601-617.1604 do not apply to a homeowners' association in which the members have the inspection and copying rights set forth in this section." This is the express records carve-out from Ch. 617.
• History of 720.303: s. 35, ch. 92-49 … s. 2, ch. 2023-228; s. 1, ch. 2024-202 (HB 59); s. 3, ch. 2024-221 (HB 1203); s. 84, ch. 2025-6 (SB 42, reviser's bill).