Question 1

What law governs condo associations in Florida?

Accepted Answer

Florida condominium associations are governed primarily by Florida Statutes Chapter 718, the Florida Condominium Act, together with the association's recorded Declaration of Condominium, Bylaws, and Articles of Incorporation, and rules adopted by the Florida Department of Business and Professional Regulation (DBPR), Division of Florida Condominiums, Timeshares, and Mobile Homes (Florida Administrative Code Chapter 61B). Chapter 718 sets minimum requirements for board governance, financial reporting, meeting notice, records access, assessments, and — following the 2021 Champlain Towers South collapse in Surfside — structural inspection and reserve funding requirements for buildings three stories or more. Condo associations are also incorporated as Florida not-for-profit corporations, so Chapter 617 (Florida Not For Profit Corporation Act) applies to the extent it does not conflict with Chapter 718.

Question 2

What powers does the condo association board have under Chapter 718?

Accepted Answer

Under Section 718.111, the board of directors has the powers and duties needed to operate the condominium, including: maintaining and repairing common elements, obtaining insurance for the condominium property, collecting assessments and enforcing the declaration and bylaws, contracting for services (management, landscaping, maintenance), adopting an annual budget, and levying regular and special assessments. Board members owe a fiduciary duty to the association and its members (Section 718.111(1)(a)) and must act in good faith, with the powers and duties of a not-for-profit corporation director, except to the extent limited by Chapter 718. Boards cannot amend the declaration unilaterally — declaration amendments require the approval percentage specified in the declaration itself (commonly two-thirds or more of voting interests).

Question 3

How are assessments and special assessments regulated?

Accepted Answer

Section 718.116 governs assessments. Each unit owner is liable for assessments based on the ownership share specified in the declaration, and assessments become a lien on the unit from the date the assessment becomes due. The association can levy special assessments for expenses not anticipated in the annual budget (e.g., an unbudgeted repair or a shortfall exposed by a reserve study), subject to notice requirements: written notice of any board meeting where a special assessment will be considered must be provided at least 14 days in advance, and the notice must state the nature, estimated cost, and purpose of the special assessment (Section 718.112(2)(c)). Owners cannot generally waive or reduce their assessment obligation, and failure to pay can result in the association filing a claim of lien and, if unpaid, foreclosing the lien.

Question 4

What are the milestone inspection and SIRS reserve requirements?

Accepted Answer

Following the 2021 Surfside condo collapse, the Florida Legislature passed SB 4-D (2022) and later amendments, creating two major new requirements in Chapter 718: (1) Milestone inspections (Section 553.899, referenced by Section 718.301 and related provisions): buildings three stories or more must undergo a structural milestone inspection by a licensed architect or engineer when the building reaches 30 years of age (25 years if within 3 miles of the coastline), and every 10 years thereafter. (2) Structural Integrity Reserve Studies (SIRS) (Section 718.112(2)(g)): associations for buildings three stories or more must obtain a SIRS at least every 10 years, covering specified structural components (roof, load-bearing walls, floor, foundation, fireproofing, electrical, plumbing, waterproofing, exterior painting, windows). Following a SIRS, associations can no longer waive or reduce reserve funding for the components covered by the study — full funding based on the SIRS became mandatory starting with fiscal year 2025 (following a one-year delay enacted in 2024 for some associations).

Question 5

What official records must the association make available to owners?

Accepted Answer

Section 718.111(12) requires associations to maintain official records — including the declaration, bylaws, articles of incorporation, meeting minutes, financial reports, contracts, and the SIRS — and to make them available for inspection and copying by any unit owner or authorized representative within 10 working days of a written request. Some records — such as those protected by attorney-client privilege, personnel records of association employees, and medical records — are exempt from disclosure. An association that willfully fails to provide access to records within the required timeframe is subject to a rebuttable presumption that it acted in bad faith, and the owner may be entitled to a minimum statutory damages award. Associations with 25 or more units are also required to make certain records available on a website or through an application under Section 718.111(12)(g).

Question 6

What are the notice requirements for board and owner meetings?

Accepted Answer

Section 718.112(2) sets notice requirements: board meetings generally require notice posted conspicuously on the condominium property at least 48 continuous hours in advance (except in an emergency), and meetings where assessments will be considered require 14 days' written notice mailed or delivered to each owner and posted. The annual meeting of unit owners requires notice at least 14 days in advance, mailed, delivered, or electronically transmitted to owners, together with the agenda. Owners generally have the right to attend all board meetings (with limited exceptions for meetings with the association's attorney concerning proposed or pending litigation) and to speak on agenda items, subject to reasonable rules adopted by the board.

Question 7

Can the association restrict rentals, pets, or use of units?

Accepted Answer

Yes — the declaration of condominium can impose reasonable restrictions on leasing, pets, and use of units, and Florida courts generally uphold restrictions validly adopted in the declaration as long as they are not arbitrary or applied in a discriminatory manner. Section 718.110(13) requires that any amendment to the declaration restricting unit owners' rights related to rental of their units applies only to owners who consent to the amendment or who purchase after the amendment is recorded. Associations can also adopt reasonable rules and regulations for use of common elements under their general rulemaking authority, provided the rules are consistent with the declaration and do not violate the Fair Housing Act or Florida's fair housing statutes (e.g., they must permit reasonable accommodations for emotional support and service animals).

Question 8

How can IgeraFincas help Florida condo associations and boards?

Accepted Answer

IgeraFincas gives Florida condo boards and property managers an instant reference for their governing documents and Chapter 718 obligations: (1) Document knowledge base: the association uploads its declaration, bylaws, rules, SIRS report, and milestone inspection reports. The system answers questions from board members and owners citing the exact section of the governing documents or applicable Chapter 718 provision. (2) Owner communication: unit owners ask questions via web widget or WhatsApp about assessments, meeting notice, or use restrictions and get instant, source-cited answers — reducing repetitive requests to the property manager. (3) Reserve and inspection tracking: the system can surface SIRS funding schedules and milestone inspection deadlines from uploaded documents so boards do not miss statutory timelines. IgeraFincas is available from £99/month, well within reach for self-managed associations and professional management companies alike.

Florida Condo Association Rules 2026: Owner Guide

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