Florida HOA & Condo Laws
Florida has separate statutes for HOAs (Chapter 720) and condominiums (Chapter 718). Both require estoppel certificates with strict fee caps and 30-day validity periods. Florida law includes detailed requirements for board meetings, elections, financial reporting, and assessment collection.
CS/CS/HB 797 (Chapter 2026-168, Laws of Florida) rewrote the general standards for directors of Florida nonprofit corporations in Fla. Stat. §617.0830. Each director "shall act: (a) In good faith; and (b) In a manner such director reasonably believes is in the best interests of the corporation." The duty of care now has its own subsection: when "becoming informed in connection with a decisionmaking function or devoting attention to an oversight function", directors "shall discharge their duties with the care that an ordinary prudent person in a like position would reasonably believe appropriate under similar circumstances." A director "who does not have knowledge that makes reliance unwarranted is entitled to rely" on information, opinions, reports, and statements, including financial statements, from sources the director reasonably believes reliable and competent or deserving of confidence: officers and employees; legal counsel, public accountants, and other persons retained by the corporation or a board committee; board committees of which the director is not a member; and, in a corporation engaged in religious activity, religious authorities. Reliance on the performance of functions the board delegated is limited to officers, employees, and those retained persons. New subsection (6): "A director is not a trustee with respect to the corporation or with respect to any property held or administered by the corporation in trust, including property that may be subject to restrictions imposed by the donor or transferor of the property." The section no longer contains former subsection (4), which said a director "is not liable for any action taken as a director, or any failure to take any action, if he or she performed the duties of his or her office in compliance with this section." Director and officer liability is addressed in §617.0834. Effective July 1, 2026. The change in full →
HB 913 (2025), Chapter 2025-175, amended Fla. Stat. §718.503(2)(d) to raise the nondeveloper (resale) buyer cancellation period from 3 days to 7 days (excluding Saturdays, Sundays, and legal holidays). The FL condo resale-certificate compliance profile (fl_condo_718) and the corpus threshold FL_CONDO_BUYER_CANCEL_DAYS were corrected from 3 to 7 to match. The corpus had carried the stale pre-amendment value of 3 days; this event records the correction and its primary-source basis. Effective for contracts executed on or after July 1, 2025. The change in full →
How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …
Common expenses and common surplus →
Defines common expenses as operational costs for condominium maintenance and association functions, establishes how those expenses are assessed to unit owners based on ownership interest, …
Condominium Assessments and Liens →
Florida Condominium Act assessment and lien provisions, including the estoppel certificate requirement for condominiums. Statute parallels §720.30851 — 10 business days to deliver, statutory base …
Payment for assessments; lien claims →
Establishes procedures and requirements for Florida HOAs to create liens on parcels to secure unpaid assessments. Specifies notice requirements, foreclosure procedures, and the rights and …
Estoppel Certificates — Homeowners Associations →
Florida HOA estoppel certificate statute. Associations must deliver an estoppel certificate within 10 business days of a written request. Statutory base fee caps under §720.30851(6) …
Statewide structural-inspection mandates for condominium and cooperative buildings — milestone inspections, load-bearing-system inspections, inspector qualifications, reporting and disclosure obligations, and the reserve-funding duties that follow findings.
Mandatory Structural Inspections for Condominium and Cooperative Buildings →
Florida mandatory structural milestone inspection statute for condominium and cooperative buildings 3+ stories. Initial inspection required by December 31 of the year the building reaches …
Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.
Condominium Association Powers, Records, and Meetings →
Florida Condominium Act association powers, records access, and meeting requirements. Records must be maintained for 7 years. Unit owners have inspection rights within 10 business …
Condominium Bylaws — Board Powers, Annual Budget, Reserve Funding →
Florida condominium bylaw and operating requirements: form of administration, annual budget, reserve accounts, financial reporting, milestone inspections, and structural integrity reserve studies. Cross-referenced by §718.503(2)(a)4 …
Association Powers and Duties — Records, Meetings, Budget, Financial Reporting →
Florida HOA association powers, meeting requirements, official-records maintenance, voting procedures, annual operating budget, reserve accounts, and annual financial report. Board meetings open to members with …
Meetings of Members; Voting and Election Procedures; Amendments →
Florida HOA member-meeting requirements: quorum (30% default), annual and special meetings, content of notice, 14-day notice for member meetings, the right to attend and speak, …
Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.
Condominium Bylaws — Board Powers, Annual Budget, Reserve Funding →
Florida condominium bylaw and operating requirements: form of administration, annual budget, reserve accounts, financial reporting, milestone inspections, and structural integrity reserve studies. Cross-referenced by §718.503(2)(a)4 …
Mixed-use condominiums →
Governs condominiums combining residential and commercial units. Subsection (2) requires that when residential units make up at least fifty percent of the total units, residential …
Association Powers and Duties — Records, Meetings, Budget, Financial Reporting →
Florida HOA association powers, meeting requirements, official-records maintenance, voting procedures, annual operating budget, reserve accounts, and annual financial report. Board meetings open to members with …
Meetings of Members; Voting and Election Procedures; Amendments →
Florida HOA member-meeting requirements: quorum (30% default), annual and special meetings, content of notice, 14-day notice for member meetings, the right to attend and speak, …
Dispute resolution →
Establishes presuit mediation and binding arbitration of HOA election and recall disputes. Directs the Department to conduct binding arbitration of election disputes in accordance with …
Cohn v. Grand Condominium Association, Inc. →
The Florida Supreme Court (per curiam; Canady, C.J., Pariente, Lewis, Quince, Polston, Labarga, and Perry, JJ.) affirmed the Third District and held that retroactive application …
Right to Recall and Replace a Board Director; Developers; Other Members; Class Voting →
Establishes the substantive right of Florida HOA members to recall and replace board directors. Specifies developer and member roles in recall, class voting, and the …
Unit owner rights to inspect association records — financial statements, meeting minutes, governing documents, contracts, and correspondence. Response timelines, allowable copying fees, and executive session materials exceptions.
Condominium Association Powers, Records, and Meetings →
Florida Condominium Act association powers, records access, and meeting requirements. Records must be maintained for 7 years. Unit owners have inspection rights within 10 business …
Association Powers and Duties — Records, Meetings, Budget, Financial Reporting →
Florida HOA association powers, meeting requirements, official-records maintenance, voting procedures, annual operating budget, reserve accounts, and annual financial report. Board meetings open to members with …
Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.
Mandatory Structural Inspections for Condominium and Cooperative Buildings →
Florida mandatory structural milestone inspection statute for condominium and cooperative buildings 3+ stories. Initial inspection required by December 31 of the year the building reaches …
Common expenses and common surplus →
Defines common expenses as operational costs for condominium maintenance and association functions, establishes how those expenses are assessed to unit owners based on ownership interest, …
Authority, responsibility, and duties of Division of Florida Condominiums, Timeshares, and Mobile Homes →
Keystone authority statute for FL condominium regulation. Establishes the Division of Florida Condominiums, Timeshares, and Mobile Homes within DBPR and grants the Division investigative and …
Meetings of Members; Voting and Election Procedures; Amendments →
Florida HOA member-meeting requirements: quorum (30% default), annual and special meetings, content of notice, 14-day notice for member meetings, the right to attend and speak, …
SB 154 — Condominium and Cooperative Associations: SB 4-D follow-up and structural-integrity refinements →
Refines the post-Surfside framework established by SB 4-D (2022). Amends manager-compliance requirements, milestone-inspection procedures, budget-meeting requirements, and dispute-resolution procedures across the condominium (Chapter 718) and …
Definitions →
Establishes key defined terms used throughout FAC Chapter 61B-22 (Financial and Accounting Requirements). The interpretive foundation for the budget, reserve, guarantee, and financial-reporting rules that …
Matters Eligible or Ineligible for Arbitration →
Defines which disputes between Florida condominium associations and unit owners are subject to the Division's mandatory non-binding arbitration and which fall outside its jurisdiction. Procedural …
Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.
Mandatory Structural Inspections for Condominium and Cooperative Buildings →
Florida mandatory structural milestone inspection statute for condominium and cooperative buildings 3+ stories. Initial inspection required by December 31 of the year the building reaches …
Condominium Assessments and Liens →
Florida Condominium Act assessment and lien provisions, including the estoppel certificate requirement for condominiums. Statute parallels §720.30851 — 10 business days to deliver, statutory base …
Disclosure Prior to Sale of Residential Condominiums →
Florida condominium prospective-purchaser disclosure statute. Subsection (1) governs developer (new construction) sales with a 15-day cancellation right. Subsection (2) governs nondeveloper (resale) sales: the seller …
Estoppel Certificates — Homeowners Associations →
Florida HOA estoppel certificate statute. Associations must deliver an estoppel certificate within 10 business days of a written request. Statutory base fee caps under §720.30851(6) …
Prospective Purchasers Subject to Association Membership Required — Disclosure Prior to Sale →
Florida HOA prospective-purchaser disclosure statute. A seller of a residential parcel governed by a mandatory HOA must provide a disclosure summary before contract execution. If …
Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …
General standards for directors →
Florida nonprofit-corporation fiduciary-duty standard. Directors must discharge their duties in good faith, with the care an ordinarily prudent person in a like position would exercise …
Condominium Association Powers, Records, and Meetings →
Florida Condominium Act association powers, records access, and meeting requirements. Records must be maintained for 7 years. Unit owners have inspection rights within 10 business …
Short title →
Establishes that Chapter 736 of the Florida Statutes may be cited as the "Florida Trust Code." The statute is the citation anchor for Florida's comprehensive …
Board of Administration and Committees; Fiduciary Duty →
Implementing rule for the board of administration and committees of a Florida condominium association. Codifies the fiduciary duties owed by directors to unit owners, consistent …
The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.
Condominium Association Powers, Records, and Meetings →
Florida Condominium Act association powers, records access, and meeting requirements. Records must be maintained for 7 years. Unit owners have inspection rights within 10 business …
Condominium Bylaws — Board Powers, Annual Budget, Reserve Funding →
Florida condominium bylaw and operating requirements: form of administration, annual budget, reserve accounts, financial reporting, milestone inspections, and structural integrity reserve studies. Cross-referenced by §718.503(2)(a)4 …
Association Powers and Duties — Records, Meetings, Budget, Financial Reporting →
Florida HOA association powers, meeting requirements, official-records maintenance, voting procedures, annual operating budget, reserve accounts, and annual financial report. Board meetings open to members with …
Meetings of Members; Voting and Election Procedures; Amendments →
Florida HOA member-meeting requirements: quorum (30% default), annual and special meetings, content of notice, 14-day notice for member meetings, the right to attend and speak, …
Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.
Payment for assessments; lien claims →
Establishes procedures and requirements for Florida HOAs to create liens on parcels to secure unpaid assessments. Specifies notice requirements, foreclosure procedures, and the rights and …
Association authority to review and approve owner modifications to units and common elements. Covers architectural review committees, approval procedures, denial appeals, and statutory limitations on what can be prohibited (e.g., …
Maintenance; limitation upon improvement; display of flag; hurricane protection; display of religious decorations →
Governs condominium associations' responsibility for maintaining common elements and the procedure for approving material alterations. Includes unit-owner protections for flag, religious decoration, and hurricane-protection installation, …
Mandatory and optional alternative dispute resolution procedures — internal dispute resolution, mediation, arbitration, and limitations on litigation. Covers meet-and-confer requirements, mediation timelines, and enforcement of ADR outcomes.
Alternative dispute resolution; mediation; nonbinding arbitration; applicability →
Establishes mediation and nonbinding arbitration as prerequisites to civil litigation for condominium disputes. Subsection (4) directs the Division to adopt rules of procedure to govern …
Dispute resolution →
Establishes presuit mediation and binding arbitration of HOA election and recall disputes. Directs the Department to conduct binding arbitration of election disputes in accordance with …
Matters Eligible or Ineligible for Arbitration →
Defines which disputes between Florida condominium associations and unit owners are subject to the Division's mandatory non-binding arbitration and which fall outside its jurisdiction. Procedural …
Final Orders; Appeals; Stays →
Governs the issuance of arbitrator final orders, the appeal mechanism, and the stay of arbitration proceedings pending appeal. The procedural endpoint of the FAC 61B-45 …
Right to Recall and Replace a Board Director; Developers; Other Members; Class Voting →
Establishes the substantive right of Florida HOA members to recall and replace board directors. Specifies developer and member roles in recall, class voting, and the …
Florida Cemetery Act →
Florida cemetery and funeral regulation. Perpetual care trust funds, pre-need contracts, consumer protections.
Florida Not For Profit Corporation Act →
Florida not-for-profit corporation statute. Covers incorporation, board duties, member rights, mergers, dissolution.
Definitions →
Establishes 35 definitions used throughout Florida's condominium law, including association, common elements, unit owner, and developer. The definitional foundation for Chapter 718 and the most-amended …
Amendment of declaration; correction of error or omission in declaration by circuit court →
Establishes the amendment procedure for a condominium declaration. Unless the declaration specifies otherwise, owners of two-thirds of the units must approve any amendment. Material amendments …
Right of owners to peaceably assemble →
Guarantees unit owners and invitees the right to peaceably assemble in the common elements and recreational facilities of a condominium for their intended use and …
Transfer of association control; claims of defect by association →
Establishes the conditions and timeline by which unit owners gain control of a condominium association's board of administration, and specifies what documentation and assets developers …
HB 913 — Condominium and Cooperative Associations →
HB 1021 — Community Association Manager Reform; Condominium Governance and Director Education →
HB 1203 — Homeowners' Associations →
SB 4-D — Surfside Building Safety Reform — Structural Inspections and Reserve Funding →
Budgets →
Reserves →
Mandates milestone structural inspections for condominium buildings 30 years old (25 years within 3 miles of coast). Requires associations to fund structural integrity reserve components …
Refines the post-Surfside framework established by SB 4-D (2022). Amends manager-compliance requirements, milestone-inspection procedures, budget-meeting requirements, and dispute-resolution procedures across the condominium (Chapter 718) and …
Strengthens HOA accountability: website/app posting of governing documents for 100+ parcel associations, reasonable-and-equitable architectural review, CAM professional standards and fee restrictions, expanded owner inspection rights, …
The 2024 condominium-governance reform package. Establishes conflict-of-interest requirements and penalties for community association managers, revises condominium and cooperative provisions covering inspections, reporting, meetings, director education, …
CS/CS/HB 913 (2025), Chapter 2025-175, Laws of Florida, made sweeping changes to Florida condominium and cooperative association law. Among them, it amended Fla. Stat. §718.503(2)(d) …
- Florida community directory 45039 associations
- Florida resale-certificate requirements
- California Resale Disclosures: What the Davis-Stirling Act Requires
- Colorado Resale Certificates: What CCIOA Requires (and What It Costs to Skip)
- Nevada Resale Certificates: What the Resale Package Statute Requires
- Oregon Resale Certificates: What Planned Communities Must Disclose
- Texas Resale Certificates: What HOAs and Condos Must Disclose