Florida House Bill H0913 Analysis / Analysis

                    STORAGE NAME: h0913c.COM 
DATE: 4/17/2025 
 	1 
      
FLORIDA HOUSE OF REPRESENTATIVES 
BILL ANALYSIS 
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent. 
BILL #: CS/CS/HB 913 
TITLE: Condominium Associations 
SPONSOR(S): Lopez, V. 
COMPANION BILL: CS/CS/SB 1742 (Bradley) 
LINKED BILLS: None 
RELATED BILLS: None 
Committee References 
 Housing, Agriculture & Tourism 
18 Y, 0 N, As CS 

Commerce 
23 Y, 0 N, As CS 
 
SUMMARY 
 
Effect of the Bill: 
The bill:  
 Requires local governments to confirm with each condominium association by October 1, 2025, that the 
structural integrity reserve study (SIRS) and milestone inspection have been completed, and to report this 
information to the Division of Condominiums, Timeshares, and Mobile Homes (Division). 
 Provides that the amount of adequate insurance coverage for full insurable value, replacement cost, or 
similar coverage may be based on the replacement cost of the property to be insured;  
 Allows the board of directors of an association to levy special assessments and obtain loans to perform 
necessary maintenance, as required by the milestone inspection report and SIRS report, without the prior 
approval of the condominium association’s membership;  
 Provides that the members of a unit-owner-controlled association may approve, by majority vote, a secured 
line of credit to meet the reserve funding schedule recommended by the SIRS report;  
 Permits an association’s reserve accounts to be pooled for two or more required components of the SIRS;  
 Provides that it is a conflict of interest for any person who performs a SIRS or milestone inspection to 
provide services for the repair of the condominium property that was the subject of such SIRS or milestone 
inspection, or to have a financial interest in the person or entity providing the repairs; and  
 Requires the Department of Business and Professional Regulation to initiate certain rulemaking.  
 
Fiscal or Economic Impact: 
The bill has an indeterminate effect on state government and the private sector.  
 
 
  
JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 
ANALYSIS 
EFFECT OF THE BILL: 
Confirmation and Reporting Requirements  
 
The bill requires each local government that has authorized and permitted the construction of a building that is 
three habitable stories or more in height and subject to the condominium form of ownership as a residential 
condominium to confirm with each condominium association: 
 That the structural integrity reserve study (SIRS) and milestone inspection have been completed for each 
building on the condominium property subject to such requirement, and that the SIRS and inspection 
report have been filed with the Division of Condominiums, Timeshares, and Mobile Homes (Division), 
housed within the Department of Business and Professional Regulation (DBPR); or 
 That the condominium has failed to complete and file the requisite SIRS or milestone inspection report. 
(Section 1.) 
  2 
 
The bill requires each local government to report to the Division, by December 31, 2025, its findings on whether 
each condominium association within the local government’s jurisdiction has completed or failed to complete the 
SIRS or milestone inspection. (Section 1.) 
 
Requirement to Adopt Ordinances 
The bill requires a board of county commissioners or municipal governing body to adopt an ordinance requiring 
that a condominium association schedule or commence repairs for substantial structural deterioration within a 
specified timeframe after the local enforcement agency receives a phase two inspection report. However, the bill 
specifies that repairs must be commenced within 365 days after receiving the report. If an owner of the building 
fails to submit proof to the local enforcement agency that repairs have been scheduled or have commenced for 
substantial structural deterioration identified in a phase two inspection report within the required timeframe, the 
local enforcement agency must review and determine if the building is unsafe for human occupancy. (Section 2.) 
 
On or before October 1, 2025, and on or before December 31 each year thereafter, the local enforcement agency 
responsible for milestone inspections conducted on buildings three stories or more in height which are subject to 
the condominium form of ownership must provide all of the following information to DBPR, in an electronic format 
determined by DBPR: 
 The number of buildings required to have a milestone inspection within the local enforcement agency's 
jurisdiction. 
 The number of buildings for which a phase one milestone inspection has been completed. 
 The number of buildings granted an extension of time by which to complete the building’s initial milestone 
inspection. 
 The number of buildings required to have a phase two milestone inspection. 
 The number of buildings for which a phase two milestone inspection has been completed. 
 The number, type, and value of permits applied for to complete repairs based on a phase two milestone 
inspection. 
 A list of buildings deemed to be unsafe or uninhabitable based on a milestone inspection. 
 The license number of the building code administrator responsible for milestone inspections for the local 
enforcement agency. 
 
The bill requires DBPR to provide to the Office of Program Policy Analysis and Government Accountability 
(OPPAGA) all information obtained from the local enforcement agencies pursuant to the above provisions by a date 
specified, and in a manner prescribed, by OPPAGA. OPPAGA may request from a local enforcement agency any 
additional information necessary to complete the report. (Section 2.) 
 
Alternative Funding Method 
The bill amends the definition of “funding method” under the Florida Condominium Act to mean a method 
approved by the Division for funding the capital expenditures and deferred maintenance obligations for any 
multicondominium association, instead of only multicondominium associations operating at least 25 
condominiums, which may reasonably be expected to fully satisfy the association’s reserve funding obligations by 
the allocation of funds in the annual operating budget. (Section 3.) 
 
Amendment to Association Declaration  
The bill provides that the declaration of a nonresidential condominium formed after July 1, 2025, may be amended 
to change the configuration or size of a unit in any material fashion, materially alter or modify the appurtenances 
to the unit, or change the proportion or percentage by which the unit owner shares the common expenses of the 
condominium and owns the common surplus of the condominium, if the record owners of all affected units and all 
record owners of liens on the affected units join in the execution of the amendment. The approval of the owners of 
nonaffected units is not required under the bill. (Section 4.) 
 
Insurance Coverage for Associations  
The bill clarifies that every condominium association must provide adequate property insurance, as determined 
under paragraph (11)(a) of s. 718.111, F.S., regardless of any requirement in the declaration of condominium for 
different coverage for the association. (Section 5.)  3 
 
 
Further, the bill provides that the amount of adequate insurance coverage for full insurable value, replacement 
cost, or similar coverage may be based on the replacement cost of the property to be insured, as determined by an 
independent insurance appraisal or update of a previous appraisal. The bill requires that the replacement cost of 
property covered must be determined every 3 years, at a minimum. (Section 5.) 
 
Board of Administration Meetings 
The bill clarifies that, at least four times each year, the meeting agenda for an association’s board meeting must 
include an opportunity for members to ask questions of the board, including questions relating to the status of 
any construction or repair projects, the status of all revenue and expenditures during the current fiscal year, 
and any other issues affecting the condominium. (Section 7.) 
 
Pursuant to the above changes, the bill clarifies that the association may adopt written reasonable rules governing 
the frequency, duration, and manner of unit owner statements and questions. (Section 7.) 
 
Additionally, the bill requires an association to post on its website: 
 The approved minutes of meetings of the board of administration over the preceding 12 months.  
 Copies of all assessments and special assessments for the previous 2 years, and an itemized list indicating 
which assessments were related to the milestone inspection report and which were related to the 
association’s most recent SIRS. (Section 6.) 
 
The above requirements, however, do not go into effect until January 1, 2025. (Section 6.) 
 
Annual Budgets 
The bill allows unit owners to vote to use a line of credit in lieu of fully funding reserves annually, provide the unit 
owners receive clear notice that reserves will not be funded annually; the association will use credit instead; and 
the amount of projected future assessments. The bill requires any line of credit secured by an association, and 
certain related information, to be disclosed to subsequent purchasers. (Sections 7 and 18.) 
 
Structural Integrity Reserve Studies   
The bill provides that it is a conflict of interest for any person who performs a SIRS or a milestone inspection to: 
 Provide services for the repair or replacement of the condominium property that was the subject of such 
milestone inspection or SIRS, or  
 To have a financial interest in the entity or person providing the repair or replacement services. (Section 
7.) 
 
The bill increases the threshold for non-specified items that must be included in the SIRS from $10,000 to $25,000. 
(Section 7.) 
 
The bill requires SIRS for condominium buildings that are three habitable stories or higher in height. (Section 7.) 
 
The bill clarifies that four-family dwelling units are exempt from the SIRS requirements, similar to such units’ 
exemption from the milestone inspection requirements. (Section 7.) 
 
Additionally, the bill requires the Department of Business and Professional Regulation, by October 1, 2025, to 
initiate rulemaking to: 
 Establish criteria for determining the estimated useful life of the building components that are subject to 
SIRS.  
 Create, in coordination with the Florida Building Commission, the form to be used for SIRS. (Section 7.) 
 
The bill requires the base amount of an expense or replacement cost for a SIRS-related item to be modified 
annually based on the Consumer Price Index, and requires DBPR to post on its website by February 1 of each year 
the revised expense or replacement cost. (Section 7.) 
  4 
 
The bill provides that a vote of the association’s members is not required to create the association’s reserve 
accounts in accordance with the most recent SIRS. The bill authorizes an association’s reserve accounts for two or 
more required components to be pooled. The bill requires that the reserve funding indicated in the proposed 
annual budget must be sufficient to ensure that available funds meet or exceed projected expenses for all 
components in the reserve pool, based on the most recent SIRS. (Section 7.) 
 
The bill allows a board of an association to pause contributions to its reserves, without obtaining the prior 
approval of a majority of its members, if a local building official determines that a condominium building is 
uninhabitable due to a natural emergency.
1 (Section 7.) 
 
The bill allows members of an association to vote to waive the maintenance of reserves recommended by the most 
recent SIRS if an association votes to terminate the condominium. (Section 7.) 
 
The bill requires an officer or director of an association to sign an affidavit acknowledging receipt of the completed 
SIRS. (Section 7.) 
 
Recall of Board Members 
The bill significantly revises provisions relating to recalls of board members. Under the bill, a voting interest of the 
condominium may not be suspended when voting to recall a member of the board, and any prior suspension of 
voting rights pursuant to s. 718.303(5), F.S., has no effect on a recall vote. (Section 7.) 
 
The bill also requires that a proposed recall agreement or a copy thereof must be served on the association by 
registered mail or in the manner authorized by ch. 48, F.S., and the Florida Rules of Civil Procedure (FRCP).
2 
Methods of service that are not authorized by ch. 48, F.S., and FRCP are invalid and any service that does not 
comply with ch. 48, F.S., and FRCP is void. (Section 7.) 
 
Under the bill, the rejection of a unit owner's recall agreement applies when the recall agreement: 
 Was improperly served; 
 Was executed by a person who was not a unit's record owner or designated voter; 
 Was previously marked for the removal of any board member; 
 Does not contain any markings that indicate the selection by a unit owner to either remove or retain a 
board member; or 
 Does not contain the signature of the unit owner. (Section 7.) 
 
The bill creates a rebuttable presumption that a unit owner executing a recall agreement is the designated voter for 
the unit. Additionally, the bill prohibits an association from enforcing a voting certificate requirement if the 
association has not enforced such requirement in all matters requiring the use of voting certificates in the year 
immediately preceding service of the recall agreement. (Section 7.) 
 
Further, the bill requires that the rescission or revocation of a unit owner's recall agreement must be in writing 
and delivered to the association before the association is served with the written recall agreement. The bill 
requires these provisions be liberally construed to:  
 Ensure a unit owner is not disenfranchised by an association in a recall; and  
 Prevent an association from failing to certify a recall agreement on a technical omission which is not a part 
in the discharge of the unit owner's voting rights. (Section 7.) 
 
Director or Officer Delinquencies  
The bill clarifies due dates for purposes of director or officer delinquencies. A director or an officer is delinquent if 
a payment is not made by the due date specifically identified in the association’s governing documents. In the 
                                                            
1
 Natural emergency means an emergency caused by a natural event, including, but not limited to, a hurricane, storm, flood, 
severe wave action, drought, or earthquake. S. 252.34(8), F.S.  
2
 See Fla. Rules of Court Procedure, Ch. 1: Rules of Civil Procedure (Jan. 1, 2025), https://www-
media.floridabar.org/uploads/2025/01/Civil-Procedure-Rules-01-01-25-Corrected-Opinion.pdf (last visited Mar. 9, 2025).   5 
 
absence of a due date specified in the governing documents, the due date is the first day of the assessment period. 
(Section 7.) 
 
Hurricane Protection 
The bill clarifies that, unless otherwise provided in an association’s declaration, a unit owner is not responsible 
for the cost of any removal or reinstallation of hurricane protection, including exterior windows, doors, or other 
apertures, if the removal is necessary for the maintenance, repair, or replacement of other condominium property 
for which the association is responsible. (Section 8.) 
 
Accordingly, the board must determine if the removal or reinstallation of hurricane protection must be completed 
by the unit owner or the association if the declaration does not specify who is responsible for such costs. 
(Section 8.) 
 
The bill removes the ability of an association to assess a unit owner if the association removes or reinstalls 
hurricane protection in instances where the removal or reinstallation of hurricane protection is the responsibility 
of a unit owner. (Section 8.)  
 
Board’s Authority to Levy Special Assessments and Obtain Loans  
The bill makes the following legislative findings:   
 In some circumstances, an association’s governing documents restrict the authority of its board to levy 
special assessments or obtain loans without the prior approval of its membership, which may preclude the 
association from obtaining immediate funding to carry out its obligations to perform necessary 
maintenance, repair, or replacement of the condominium property, as required by the milestone inspection 
report and SIRS report, in order to protect the health and safety of unit owners and tenants. 
 It is contrary to the public policy of this state to limit the ability of an association to obtain the funds needed 
to perform necessary maintenance, repair, or replacement of the condominium property, as required by 
the reports referenced above, in order to protect unit owners and tenants.  
 It is in the public interest to authorize an association’s board to meet its fiduciary duty and levy special 
assessments or obtain loans to fund necessary maintenance, repair, or replacement of the condominium 
property, as required by the reports referenced above, to protect unit owners and tenants. (Sections 3 and 
9.) 
 
Notwithstanding any provision to the contrary in an association’s governing documents, the bill authorizes a board 
of an association to levy special assessments or obtain loans to perform necessary maintenance, repair, or 
replacement of condominium property, as required by the milestone inspection report and SIRS report, without 
the prior approval of the membership in order to protect the health and safety of unit owners and tenants. This 
authorization applies to all condominiums in existence on or after July 1, 2025, which are not subject to control of 
the developer, a bulk assignee, or a bulk buyer. (Sections 9.) 
 
Termination of a Condominium 
The bill clarifies that a condominium form of ownership may be terminated if the total estimated cost of 
construction, replacement, or repairs necessary to construct or replace the intended improvements (or restore the 
improvements to bring them into compliance with the most recent version of the Florida Building Code or to bring 
them into compliance with applicable laws or regulations) plus the combined estimated fair market value of the 
units in the condominium before commencement of the construction, replacement, or repairs, exceeds the 
combined estimated fair market value of the units in the condominium after completion of such construction, 
replacement, or repairs. However, if at least 50 percent of the total voting interests are owned by a bulk owner, the 
termination of the condominium unit because of economic waste requires the approval of at least 80 percent of all 
the voting interests in the condominium. (Section 10.) 
 
Additionally, for optional terminations under s. 718.117, F.S., the bill:  
 Clarifies that if 5 percent or more of the total voting interests of the condominium have rejected a plan of 
termination by a negative vote or by providing written objections, the plan of termination may not proceed 
and a subsequent plan of termination may not be considered for 24 months after the date of the rejection;  6 
 
 Provides that the requirements of paragraph (3)(c) apply only to residential condominiums; and  
 Clarifies that the termination must be approved by the Division of Florida Condominiums, Timeshares, and 
Mobile Homes (Division) only after a plan of termination receives the requisite approval from the unit 
owners. (Section 10.) 
 
The bill also provides that, notwithstanding any provision in an association’s declaration to the contrary, the 
association may amend the declaration of condominium for the purpose of incorporating the provisions of s. 
718.117, F.S., by the lowest percentage of voting interests necessary to amend the declaration or as otherwise 
provided in the declaration, whichever is less. (Section 10.) 
 
Alternative Dispute Resolution 
If an election or recall dispute is arbitrated by the Division, the bill provides that the Division’s decision is binding 
on all parties to the arbitration, with certain exceptions. The bill clarifies that for all other disputes, the arbitration 
decision is binding on all parties only if the parties agree in writing to be so bound. (Section 11.) 
 
Under the bill, if a challenge to an election or recall dispute is filed in circuit court, the challenge must be brought as 
a summary proceeding.
3 The bill allows the party filing the action to request the court to issue a temporary 
injunction to stay an upcoming election while the action is pending. The court must then set an immediate hearing 
when an action is filed pursuant to these provisions. (Section 11.) 
 
Additionally, the bill:  
 Allows the court to limit the time for taking testimony and the proximity of the date on which a succeeding 
election is scheduled, if applicable;   
 Requires that an action filed pursuant to these provisions must be tried without a jury; and  
 Provides that the prevailing party in an action filed pursuant to these provisions is entitled to recover 
reasonable attorney fees and costs. (Section 11.)  
 
The bill also provides that a unit owner, recall representative, or an association may remove a petition for 
arbitration for an election or a recall dispute within 10 days after service of such petition by filing a notice of 
removal and complaint in the circuit court for the county in which the association is located. Failure to timely file 
such notice and complaint bars the parties from seeking a new trial or otherwise filing an action in circuit court. 
The bill provides requirements for filing the notice and complaint and the procedures to follow thereafter. (Section 
11.) 
 
Lastly, the bill provides that if the Division or a court in Florida renders a judgement against an association and in 
favor of the unit owner, the Division or court must order the association to pay all costs incurred by the unit owner 
in the action and the unit owner’s reasonable attorney fees. Costs and attorney fees may not be recovered in any 
action involving the recall of directors except as provided in the bill’s provisions relating thereto or if awarded as a 
sanction under s. 57.105, F.S.
4 (Section 11.) 
 
Electronic Voting 
The bill removes the requirement that a written notice of a meeting, at which a particular resolution will be 
considered, must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously 
on the condominium property or association property at least 14 days before such meeting. The bill also removes 
the related requirement that evidence of compliance with the 14-day notice must be made by an affidavit executed 
by the person providing the notice and filed with the official records of the association (Section 12.) 
 
The bill creates an alternative method for an association to use electronic voting, in addition to the methods 
already allowed in s. 718.128, F.S. Under the bill, if at least 25 percent of the voting interests of a condominium 
petition the board to adopt a resolution for electronic voting for the next scheduled election, the board must hold a 
                                                            
3
 S. 51.011, F.S. 
4
 S. 57.105, F.S. contain Florida’s Rules of Civil Procedure relating to attorney’s fees, sanctions for unsupported claims or 
defenses, certain exceptions, the service of motions, and damages for delay of litigation.   7 
 
meeting within 21 days after receipt of the petition to adopt that resolution. As a prerequisite, the bill requires that 
the board receive such petition within 180 days after the date of the last scheduled annual meeting. (Section 12.) 
 
Additionally, the bill: 
 Requires an association to designate an email address for receipt of electronically submitted ballots, unless 
the association has adopted electronic voting in accordance with the other provisions of s. 718.128, F.S.; 
 Allows a unit owner to electronically transmit a ballot to the email address designated by his or her 
association without complying with s. 718.112(2)(d)2., F.S., or the rules providing for the secrecy of ballots 
adopted by the Division;  
 Requires an association to count completed ballots that are electronically transmitted to the designated 
email address, provided the completed ballot is valid under the bill’s provisions; 
 Requires a unit owner to transmit his or her ballot to the email address designated by his or her association 
no later than the scheduled date and time of the meeting during which the matter is being voted on; and 
 Creates a rebuttable presumption that an association has reviewed all folders associated with the email 
address designated by the association to receive ballots if a board member, an officer, an agent of the 
association, or a licensed community association manager
5 provides a sworn affidavit attesting to such 
review. (Section 12.) 
 
Under the bill, a ballot that is electronically transmitted must include all of the following:  
 A space for the unit owner to type in his or her unit number;  
 A space for the unit owner to type in his or her first and last name, which also functions as the signature of 
the unit owner for purposes of signing the ballot; and 
 The following statement in capitalized letters and in a font size larger than any other font size used in the 
email from the association to the unit owners:  
WAIVING THE SECRECY OF YOUR BALLOT IS YOUR CHOICE. YOU DO NOT HAVE TO 
WAIVE THE SECRECY OF YOUR BALLOT IN ORDER TO VOTE. BY TRANSMITTING 
YOUR COMPLETED BALLOT THROUGH EMAIL TO THE ASSOCIATION, YOU WAIVE 
YOUR SECRECY OF YOUR COMPLETED BALLOT. IF YOU DO NOT WISH TO WAIVE 
YOUR SECRECY BUT WISH TO PARTICIPATE IN THE VOTE THAT IS THE SUBJECT OF 
THIS BALLOT, PLEASE ATTEND THE IN-PERSON MEETING DURING WHICH THE 
MATTER WILL BE VOTED ON. (Section 12.) 
 
Insured Warranty Programs 
The bill clarifies that nonresidential condominiums, not just residential condominiums, may be covered by an 
insured warranty program that is underwritten by a licensed insurance company registered in Florida, provided 
that the warranty program meets the minimum requirements. (Section 13.)  
 
Transfer of Association Control  
The bill provides that, beginning July 1, 2025, certain provisions relating to transfers of control do not apply to 
nonresidential condominiums that are comprised of 10 or fewer units, so that unit owners of such condominiums, 
other than the developer, will be entitled to elect at least a majority of the members of the board upon the first to 
occur of the following events: 
 Three months after 90 percent of the units that will be operated ultimately by the association have 
been conveyed to purchasers; 
 When the developer files a petition seeking protection in bankruptcy; or 
 When a receiver for the developer is appointed by a circuit court and is not discharged within 30 
days after such appointment, unless the court determines within 30 days after appointment of the 
receiver that transfer of control would be detrimental to the association or its members. (Section 
14.) 
 
Agreements Entered into By the Association 
                                                            
5
 Part VIII of ch. 468, F.S., governs the licensure and regulation of community association managers and community association 
management firms in the state. See s. 468.432, F.S. and s. 468.433, F.S.   8 
 
The bill amends provisions relating to agreements entered into by an association to incorporate nonresidential 
condominiums consisting of 10 or fewer units. The bill provides that a grant, reservation, or contract may be 
cancelled by unit owners (other than the developer) as follows:  
 If the association operates only one condominium and the unit owners (other than the developer) own at 
least 75 percent of the voting interests in the condominium, or 90 percent of the voting interests if the 
condominium is a nonresidential condominium consisting of 10 or fewer units, the cancellation must be 
by concurrence of the owners of at least 75 percent of the voting interests (other than the voting interests 
owned by the developer).  
 If the association operates more than one condominium and the unit owners (other than the developer) 
have not assumed control of the association, and if unit owners (other than the developer) own at least 75 
percent of the voting interests in the condominiums operated by the association or, beginning July 1, 
2025, 90 percent of the voting interests if the condominium is a nonresidential condominium 
consisting of 10 or fewer units, any grant, reservation, or contract for maintenance, management, or 
operation of buildings containing the units in that condominium or of improvements used only by unit 
owners of that condominium may be cancelled by concurrence of the owners of at least 75 percent, or 90 
percent if the condominium is a nonresidential condominium consisting of 10 or fewer units, of the 
voting interests in the condominium (other than the voting interests owned by the developer). (Section 
15.)  
 
Condominiums Created Within a Portion of a Building  
The bill clarifies that a condominium association created within a portion of a building under s. 718.407, F.S., may 
inspect and copy the books and records upon which the costs for maintaining and operating any shared facilities 
are based, and must receive an annual budget with respect to such costs. (Section 16.) 
 
Additionally, the bill requires that, within 60 days after the end of each fiscal year, a complete financial report of all 
costs for maintaining and operating the shared facilities must be provided to the association. This report must 
include copies of all receipts and invoices. The bill allows the association to challenge any apportionment of costs 
for the maintenance and operation of the shared facilities, provided that the challenge is made within 60 days after 
receipt of the financial report. A challenge under this provision will be governed by homeowners’ associations 
dispute provisions.
6 (Section 16.) 
 
The bill authorizes the Division to impose penalties and enforce compliance if an owner fails to provide a financial 
report on the costs of operating and maintaining shared facilities, including copies of the receipts and invoices, 
within 60 days of the end of the fiscal year. (Section 16.) 
 
Developer and Non-Developer Disclosures 
The bill makes clarifying and conforming changes to required disclosures for developers and non-developers prior 
to the sale of a residential condominium unit. (Section 18.) 
 
Section 31 of Ch. 2024-244, Laws of Fla. 
The bill clarifies that certain amendments that were made to the Act in 2024
7 do not revive, reinstate, or 
retroactively apply to any right or interest in a matter pending adjudication before October 1, 2024. Effectively, the 
bill reopens the matters that were pending adjudication before October 1, 2024, that were closed by the 2024 
legislation. (Section 19.) 
 
Unless otherwise provided in the bill, the bill is effective July 1, 2025. (Section 21.) 
 
RULEMAKING:  
The bill requires the Department of Business and Professional Regulation, by October 1, 2025, to initiate 
rulemaking to establish criteria for determining the estimated useful life of the building components that are 
subject to SIRS. 
                                                            
6
 S. 710.311, F.S., contain the provisions in Florida’s Homeowners’ Association Act that govern dispute resolutions. 
7
 S. 31 of ch. 2024-244, Laws of Fla.  9 
 
 
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive 
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must 
have a grant of rulemaking authority and a law to implement. 
 
FISCAL OR ECONOMIC IMPACT:  
 
STATE GOVERNMENT:  
The bill has an indeterminate impact on state government. Under the bill, Citizens Property Insurance Corporation 
(Citizens) is prohibited from issuing policies to condominium associations or unit owners that have failed to 
comply with the milestone inspection and SIRS requirements. This will have an indeterminate positive impact on 
Citizens, as Citizens will no longer have to insure condominium associations or unit owners that do not have the 
necessary reserve funds to undertake appropriate repairs, replacements, or maintenance. 
 
PRIVATE SECTOR:  
The bill has an indeterminate impact on the private sector. Under the bill, Citizens is prohibited from issuing 
policies to condominiums or unit owners who do not complete a milestone inspection or SIRS. Because Citizens 
provides property insurance to those that are unable to find insurance coverage in the private market, the 
condominium associations and unit owners of associations that do not complete a milestone inspection or SIRS will 
likely not be able to find property insurance coverage elsewhere. In the event of a natural disaster, those 
condominiums could be significantly damaged and not have any recourse for repairing or rebuilding, which could 
cause some unit owners to lose their homes.  
 
RELEVANT INFORMATION 
SUBJECT OVERVIEW: 
Division of Florida Condominiums, Timeshares, and Mobile Homes 
The Division of Florida Condominiums, Timeshares, and Mobile Homes (Division), within the Department of 
Business and Professional Regulation (DBPR), provides consumer protection for Florida residents living in certain 
communities through education, complaint resolution, mediation, and arbitration.
8  
 
The Division has regulatory authority over the following business entities and individuals:  
 Condominium associations;  
 Cooperative associations;  
 Mobile home parks;  
 Timeshares; and  
 Yacht and ship brokers and salespersons.
9  
 
Structural Integrity Reserve Studies  
A reserve study is a budget-planning tool for condominium associations. Generally, a reserve study consists of the 
following two parts: physical analysis and financial analysis.
10 
 
                                                            
8
 Department of Business and Professional Regulation, Department Divisions & Offices: Division of Florida Condominiums, 
Timeshares, and Mobile Homes, https://www2.myfloridalicense.com/about-us/department-divisions? (last visited February 4, 
2025).   
9
 Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes – 
Statutes & Rules, https://www2.myfloridalicense.com/condominiums-and-cooperatives/division-of-condominiums-
timeshares-and-mobile-homes-statutes-rules/ (last visited February 4, 2025).  
10
 Cedar Management Group, HOA Reserve Study: Why Does Your Community Need It?, 
https://cedarmanagementgroup.com/hoa-reserve-study-community/#what (last visited Mar. 5, 2025); Kevin Leonard and 
Robert Nordlund, Understanding Reserves: A guide to your association’s reserve fund & reserve study, 26-29 (1st ed. 2021); 
Community Associations Institute, National Reserve Study Standards, https://www.reservestudy.com/wp-
content/uploads/2019/01/NRSS-998-CAI-version-updated-2016.pdf (last visited Mar. 5, 2025).  10 
 
Under Florida law, "structural integrity reserve study" (SIRS) means a study of the reserve funds required for 
future major repairs and replacement of the common areas based on a visual inspection of the common areas. A 
SIRS may be performed by any person qualified to perform such study. However, the visual inspection portion of 
the SIRS must be performed or verified by a:
11 
 Licensed engineer;  
 Licensed architect; or 
 person certified as a reserve specialist or professional reserve analyst by the Community Associations 
Institute or the Association of Professional Reserve Analysts (CAIAPRA). 
 
At a minimum, a SIRS must:
12 
 Identify each item of the condominium property being visually inspected;  
 State the estimated remaining useful life and the estimated replacement cost or deferred maintenance 
expense of each item of the condominium property being visually inspected; and  
 Provide a reserve funding schedule with a recommended annual reserve amount that achieves the 
estimated replacement cost or deferred maintenance expense of each item of condominium property being 
visually inspected by the end of the estimated remaining useful life of the item. 
 
The SIRS may recommend for any item for which an estimate of useful life and an estimate of replacement cost 
cannot be determined or with an estimated remaining useful life of greater than 25 years:
13 
 That reserves do not need to be maintained; or  
 A deferred maintenance expense amount for such item.  
 
A condominium or cooperative must have a SIRS completed at least every 10 years after the condominium's or 
cooperative’s creation for each building on the condominium or cooperative property that is three stories or 
higher in height which includes, at a minimum, a study of the following items as related to the structural integrity 
and safety of the building:
14 
 Roof. 
 Structure, including load-bearing walls and other primary structural members and primary structural 
systems. 
 Fireproofing and fire protection systems. 
 Plumbing. 
 Electrical systems. 
 Waterproofing and exterior painting. 
 Windows and exterior doors. 
 Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the 
failure to replace or maintain such item negatively affects the items listed above as determined by the 
licensed engineer or architect performing the visual inspection portion of the structural integrity reserve 
study. 
 
The SIRS requirements do not apply to:
15 
 Buildings less than three stories in height;  
 Single-family, two-family, or three-family dwellings with three or fewer habitable stories above ground;  
 Any portion or component of a building that has not been submitted to the condominium form of 
ownership; or  
 Any portion or component of a building that is maintained by a party other than the association. 
 
Condominium or cooperative associations existing on or before July 1, 2022, which are controlled by unit owners 
other than the developer, must have a SIRS completed by December 31, 2024, for each building on the 
                                                            
11
 S. 718.112(2)(g)2., F.S. 
12
 S. 718.112(2)(g)3., F.S. 
13
 Id. 
14
 S. 718.112(2)(g)1., F.S. 
15
 S. 718.112(2)(g)4., F.S.  11 
 
condominium or cooperative property that is three stories or higher in height. However, an association that is 
required to complete a milestone inspection on or before December 31, 2026, may complete the SIRS 
simultaneously with the milestone inspection. In no event may the SIRS be completed after December 31, 2026.
16 
 
If a condominium or cooperative association willfully and knowingly fails to complete a SIRS, such failure is a 
breach of an officer's and director's fiduciary relationship to the unit owners.
17  
 
Before a developer turns over control of an association to unit owners other than the developer, the developer 
must have a turnover inspection report for each building on the condominium or cooperative property that is three 
stories or higher in height.
18 
 
Reserves  
Every condominium and cooperative association must have a budget that sets forth the proposed expenditure of 
funds for the maintenance, management, and operation of the association. The budget is adopted for a 12-month 
period reflecting an association’s fiscal year, and it must provide a detailed listing of the estimated revenues and 
expenses that the association reasonably projects for the coming fiscal year. The annual budget is made up of two 
parts, the part covering the regular operations of the association and the part covering the cost for capital expenses 
and deferred maintenance (reserves).
19  
 
Reserves are funds that are set aside for capital expenses and deferred maintenance. Reserves provide funds for 
major capital repairs or replacements that are needed intermittently such as replacing a roof. The reserves are 
designed to ensure that an association will have the funds when the repairs are needed and will not have to do a 
large special assessment.
20 
 
The amount of funds that must be placed in reserve is determined by the condominium or cooperative 
association’s most recent SIRS. If the amount to be reserved for an item is not in the association’s most recent SIRS 
or the association has not completed a SIRS, then the association may use the traditional formula or alternative 
formula to determine the amount of funds to reserve.  
 
Current law also requires associations to have and fund reserve accounts for roof replacement, building painting, 
pavement resurfacing, and any item for which the deferred maintenance expense or replacement cost is greater 
than $10,000.
21 There are two methods of calculating these reserves.  
 
The first is the traditional formula, and the second is the alternative formula. The traditional formula takes into 
account the estimated deferred maintenance or capital expenditure amount, estimated fund balance, and number 
of years remaining until deferred maintenance or a capital expenditure is needed.
22  
 
The alternative formula allows associations to maintain a pooled account for multiple reserve assets that are 
similar or related.  
 
Waiver of Reserves 
For a budget adopted on or after December 1, 2024, a unit-owner controlled association that must obtain a SIRS 
may not waive collecting reserves or collect less reserve funds than required for items that are required to be 
inspected in a SIRS for an association building that is three stories or higher in height. These items are included in 
the list provided in s. 718.112(2)(g), F.S., related to structural components. In addition, unit-owner controlled 
associations may not use such reserve funds for purposes other than their intended purpose. Associations 
operating a multicondominium may provide no reserves or less reserves than required by the SIRS if such 
                                                            
16
 S. 718.112(2)(g)6., F.S. 
17
 S. 718.112(2)(g)8., F.S. 
18
 S. 718.112(2)(g)5., F.S. 
19
 S. 718.112(2)(f), F.S. 
20
 Id. 
21
 Id., Rule 61B-76.005(1), F.A.C. 
22
 Id.; Rules 61B-22.005(3), and 61B-76.005(1), F.A.C.  12 
 
multicondominium uses an alternative funding method
23 approved by the Division. This is not applicable to 
cooperatives. 
 
For reserves for non-SIRS items, unit owner-controlled associations may waive funding reserves for capital 
expenditures and deferred maintenance or provide funds that are less than the required amount by a majority of 
the voting interests present at a properly called meeting. The waiver of reserves by the membership is only for the 
current year, and a separate vote must be taken each year to waive the reserves or fund less than the required 
amount.
24  
 
Additionally, under current law, if a local building official
25 determines that an entire condominium is 
uninhabitable due to a natural emergency, the board, upon the approval of a majority of its members, may pause 
the contribution to its reserves or reduce reserve funding until the local building official determines that the 
condominium building is habitable.
26  
 
Milestone Inspections 
Residential condominium buildings that are three or four stories or more in height, as determined by the Florida 
Building Code, are required to have a milestone inspection by December 31 of the year in which the building 
reaches 30 years of age. However, if a building reaches 30 years of age before July 1, 2022, the initial milestone 
inspection must be performed before December 31, 2024. If a building reaches 30 years of age on or after July 1, 
2022, and before December 31, 2024, the building’s milestone inspection must be performed before December 31, 
2025. The local enforcement agency will provide written notice of the required inspection to the association.
27 This 
requirement does not apply to a single-family, two-family, or three-family dwelling with three or fewer habitable 
stories above ground.
28 
 
Amendment to Association Declaration 
Unless otherwise provided in the declaration as originally recorded, the Act currently prohibits an amendment to 
the declaration from changing the configuration or size of any unit in any material fashion, materially altering or 
modifying the appurtenances to the unit, or changing the proportion or percentage by which the unit owner shares 
the common expenses of the condominium and owns the common surplus of the condominium, unless the record 
owner of the unit and all record owners of liens on the unit join in the execution of the amendment and unless 
all the record owners of all other units in the same condominium approve the amendment.
29 
 
Subsection (14) of s. 718.110, F.S., provides that, except for those portions of the common elements designed and 
intended to be used by all unit owners, a portion of the common elements serving only one unit or a group of units 
may be reclassified as a limited common element upon the vote required to amend the declaration as provided 
therein or as required under paragraph (1)(a) of s. 718.110, F.S., and is not be considered an amendment to a 
declaration.
30  
 
Insurance Coverage for Associations  
                                                            
23
 “Alternative funding method” is defined as "a method approved by the Division for funding the capital expenditures and 
deferred maintenance obligations for a multicondominium association operating at least 25 condominiums which may 
reasonably be expected to fully satisfy the association's reserve funding obligations by the allocation of funds in the annual 
operating budget.” 
24
 S. 718.112(2)(f), F.S.; Rule 61B-22.005(8), F.A.C. 
25
 “Building official” means any of those employees of municipal or county governments, or any person contracted, with 
building construction regulation responsibilities who are charged with the responsibility for direct regulatory administration 
or supervision of plan review, enforcement, or inspection of building construction, erection, repair, addition, remodeling, 
demolition, or alteration projects that require permitting indicating compliance with building, plumbing, mechanical, 
electrical, gas, fire prevention, energy, accessibility, and other construction codes as required by state law or municipal or 
county ordinance. S. 468.603(2), F.S.  
26
 S. 718.112(2)(f)2.a., F.S.  
27
 S. 553.899(3), F.S. 
28
 S. 553.899(4), F.S. 
29
 S. 718.110(4), F.S.  
30
 S. 710.110(14), F.S.   13 
 
In order to protect the safety, health, and welfare of the people of the state and to ensure consistency in the 
provision of insurance coverage to condominiums and their unit owners, subsection (11) of s. 718.111, F.S., applies 
to every residential condominium in the state, regardless of the date of its declaration of condominium.
31 It is the 
intent of the Legislature to encourage lower or stable insurance premiums for associations described in that 
subsection.
32  
 
Currently, the Act requires that adequate property insurance, regardless of any requirement in the declaration of 
condominium for coverage by the association for full insurable value, replacement cost, or similar coverage, must 
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.
33 Further, the replacement cost must be determined at least once every 36 
months.
34 
 
Board of Administration Meetings 
Currently, the Act requires that a board of a residential condominium association of more than 10 units must meet 
at least once each quarter.
35 Additionally, at least four times each year, the meeting agenda must include an 
opportunity for members to ask questions of the board.
36 Meetings of the board of administration at which a 
quorum of the members are present are open to all unit owners.
37  
 
The right to attend such meetings includes the right to speak at such meetings with reference to all designated 
agenda items, and the right to ask questions relating to:  
 reports on the status of construction or repair projects,  
 the status of revenues and expenditures during the current fiscal year, and  
 other issues affecting the condominium.
38  
 
The Act authorizes associations subject to the above requirements to adopt written reasonable rules governing the 
frequency, duration, and manner of unit owner statements.
39 
 
Requirement to Post Certain Information on Association’s Website 
Beginning January 1, 2026, an association managing a condominium with 25 or more units that does not contain 
timeshare units must post copies of specified documents on its website, or make such documents available through 
an application that can be downloaded on a mobile device.
40 The specified documents include, but are not limited 
to, the association’s articles of incorporation, declaration, bylaws, and rules.
41 
 
Director or Officer Delinquencies  
A director or officer more than 90 days delinquent in the payment of any monetary obligation due to the 
association is deemed to have abandoned the office, which creates a vacancy in the office to be filled according to 
the Act.
42 
 
Hurricane Protection 
To protect the health, safety, and welfare of the people of the state and to ensure uniformity and consistency in the 
hurricane protections installed by condominium associations and unit owners, all residential and mixed-use 
condominiums in the state must comply with the Act’s requirements for those hurricane protections.
43  
                                                            
31
 S. 718.111(11), F.S.  
32
 Id.  
33
 S. 718.111(11)(a), F.S.  
34
 Id. 
35
 S. 718.112(2)(c), F.S. 
36
 Id. 
37
 Id. 
38
 Id. 
39
 Id. 
40
 See s. 8 of ch. 2024-244, Laws of Fla., which amends s. 718.111(12)(g), F.S., effective January 1, 2026.  
41
 Id. 
42
 S. 718.112(2)(p), F.S.  
43
 S. 718.113(5), F.S.   14 
 
 
Specifically, each board of a residential or mixed-use condominium in the state must adopt hurricane protection 
specifications for each building within each condominium operated by the association.
44 All specifications adopted 
by a board must comply with the applicable building code.
45 Further, the board may, with the approval of a 
majority of voting interests of the condominium, install or require that unit owners install hurricane protection 
that complies with or exceeds the applicable building code.
46  
 
Under current law, a unit owner is not responsible for the cost of any removal or reinstallation of hurricane 
protection, including exterior windows, doors, or other apertures, if its removal is necessary for the maintenance, 
repair, or replacement of other property for which the association is responsible.
47  
 
However, the board must still determine if the removal or reinstallation of hurricane protection must be completed 
by the unit owner or the association.
48 If such removal or reinstallation is completed by the association, the costs 
incurred by the association may not be charged to the unit owner.
49 Currently, if such removal or reinstallation is 
completed by the unit owner, the association must reimburse the unit owner for the cost of the removal or 
reinstallation or the association must apply a credit toward future assessments in the amount of the unit owner’s 
cost to remove or reinstall the hurricane protection.
50 
 
Board’s Authority to Levy Assessments  
Prior to levying any special assessment, the special assessment must be approved in accordance with the 
condominium association’s governing documents.
51 The specific purpose of the special assessment must be set 
forth in a written notice of the assessment that is sent or delivered to each unit owner.
52  
 
Further, the funds collected pursuant to a special assessment must be used only for the specific purpose set forth in 
the notice.
53 However, upon completion of such specific purpose, any excess funds will be considered common 
surplus, and may, at the discretion of the board, either be returned to the unit owners or applied as a credit toward 
future special assessments.
54  
 
Written notice of a meeting at which a nonemergency special assessment
55 or an amendment to rules regarding 
unit use will be considered must be mailed, delivered, or electronically transmitted to the unit owners and posted 
conspicuously on the condominium property at least 14 days before the meeting.
56 Evidence of compliance with 
this 14-day notice requirement must be made by an affidavit executed by the person providing the notice and filed 
with the official records of the association.
57 
 
Notice of any meeting in which special assessments against unit owners are to be considered must specifically 
state that assessments will be considered and provide the estimated cost and description of the purposes for such 
assessments.
58 
                                                            
44
 Id. 
45
 Id. 
46
 Id. 
47
 Id. 
48
 Id. 
49
 Id. 
50
 Id. 
51
 S. 718.116(10), F.S.  
52
 Id. 
53
 Id.  
54
 Id.  
55
 Regardless of any provision to the contrary and even if such authority does not specifically appear in an association’s 
governing documents, a board of an association may, in response to damage or injury caused by or anticipated in connection 
with an emergency, as defined in s. 252.34(4), F.S., for which a state of emergency is declared in the locale in which the 
condominium is located, levy special assessments without a vote of the owners. S. 718.1265(1)(l), F.S.  
56
 S. 718.112(2)(c)1., F.S.  
57
 Id. 
58
 S. 718.112(2)(c)3., F.S.  15 
 
 
Certain Defined Terms in the Act 
“Developer” means a person who creates a condominium or offers condominium parcels for sale or lease in the 
ordinary course of business, but does not include:  
 An owner or lessee of a condominium or cooperative unit who has acquired the unit for his or her own 
occupancy; 
 A cooperative association that creates a condominium by conversion of an existing residential cooperative 
after control of the association has been transferred to the unit owners if, following the conversion, the unit 
owners are the same persons who were unit owners of the cooperative and no units are offered for sale or 
lease to the public as part of the plan of conversion;  
 A bulk assignee or bulk buyer, as defined below; or  
 A state, county, or municipal entity acting as a lessor and not otherwise named as a developer in the 
declaration of condominium.
59 
 
“Bulk assignee” means a person who is not a bulk buyer and who: 
 Acquires more than seven condominium parcels in a single condominium as set forth in s. 718.707, F.S.; 
and 
 Receives an assignment of any of the developer rights, other than or in addition to the rights that may be 
received by a bulk buyer, as set forth in the declaration of condominium or this chapter: 
o By a written instrument recorded as part of or as an exhibit to the deed; 
o By a separate instrument recorded in the public records of the county in which the condominium is 
located; or 
o Pursuant to a final judgment or certificate of title issued in favor of a purchaser at a foreclosure 
sale.
60 
 
“Bulk buyer” means a person who acquires more than seven condominium parcels in a single condominium as set 
forth in s. 718.707, F.S., but who does not receive an assignment of any developer rights, or receives only some or 
all of the following rights: 
 The right to conduct sales, leasing, and marketing activities within the condominium; 
 The right to be exempt from the payment of working capital contributions to the condominium association 
arising out of, or in connection with, the bulk buyer’s acquisition of the units; and 
 The right to be exempt from any rights of first refusal which may be held by the condominium association 
and would otherwise be applicable to subsequent transfers of title from the bulk buyer to a third-party 
purchaser concerning one or more units.
61 
 
Termination of a Condominium 
Under the Act, it is against public policy in the state to require condominium operations to continue when doing so 
constitutes economic waste or is made impossible by law or regulation.
62 Further, the Act provides that it is in the 
best interest of the state to provide for termination of a condominium in certain circumstances in order to protect 
residents from health and safety hazards created by derelict, damaged, obsolete, or abandoned condominium 
properties.
63  
 
There are two primary grounds for termination, each governed by its own requirements.  
 
First, a condominium may be terminated where there is economic waste or impossibility by a plan of termination 
approved by the lowest percentage of voting interests necessary to amend the condominium’s declaration or as 
otherwise provided in the declaration for approval of termination.
64 A condominium may be terminated for 
“economic waste” if the total cost of construction or repairs necessary to construct the improvements or restore 
                                                            
59
 S. 718.103(17), F.S. 
60
 S. 718.703(1), F.S.  
61
 S. 718.703(2), F.S.  
62
 S. 718.117(1)(c), F.S.  
63
 S. 718.117(1)(d), F.S. 
64
 S. 718.117(2)(a), F.S.  16 
 
the improvements to their former condition or bring them into compliance with applicable laws or regulations 
exceeds the combined fair market value of the units in the condominium.
65 A condominium may be terminated for 
“impossibility” if it becomes impossible to operate or reconstruct a condominium to its prior physical configuration 
because of land use laws or regulations.
66 
 
Second, a condominium may be terminated at the discretion of the owners.
67 Referred to as “optional termination,” 
a condominium may be terminated if the termination is approved by at least 80 percent of the total voting interests 
of the condominium and no more than five percent of the total voting interests of the condominium reject the 
termination.
68 The Division must confirm that the termination plan complies with the statutory requirements. If 
five percent or more of the total voting interests reject a plan of termination, another plan of optional termination 
may not be considered for 24 months after the date of rejection.
69 
 
Unless the declaration expressly provides for the allocation of the proceeds of sale of condominium property, the 
plan of termination may require separate valuations for the common elements.
70 However, in the absence of such 
provision, it is presumed that the common elements have no independent value, and that their value is 
incorporated into the valuation of the units.
71 
 
The plan must identify the termination trustee, usually the association,
72 and state the individual interests of each 
unit owner in the proceeds from the liquidation of the assets of the condominium upon its termination.
73 A copy of 
the plan must be provided to every unit owner at least 14 days before the meeting to approve the plan.
74 
 
Once the plan has been approved, it must be sent to every unit owner within 30 days of recording the plan with the 
clerk of court and to the Division within 90 days of recording the plan.
75 
 
Alternative Dispute Resolution  
There is an alternative dispute resolution process under the Act for certain disputes between unit owners and 
condominium associations. Before initiating court litigation, a party to certain disputes must either petition the 
Division for nonbinding arbitration or initiate pre-suit mediation.
76 Alternative dispute resolution offers a more 
efficient, cost-effective option to court litigation, but alternative dispute resolution should not be used as a 
mechanism to encourage the filing of frivolous or nuisance suits.
77 
 
Alternative dispute resolution is required for any disagreement between two or more parties that involves: 
 The authority of the board of directors to require an owner to take any action, or not to take any action, 
involving that owner's unit or the appurtenance thereto and the authority of the board of directors to alter 
or add to common areas or elements;
  
 The board of directors' failure to: 
o Properly conduct elections; 
o Give adequate notice of meetings or other actions;  
o Properly conduct meetings;  
o Provide access to association books and records; and  
                                                            
65
 S. 718.117(2)(a)1., F.S. 
66
 S. 718.117(2)(a)2., F.S. 
67
 S. 718.117(3), F.S. 
68
 Id. 
69
 S. 718.117(3)(a)2., F.S. 
70
 S. 718.117(12)(a), F.S.  
71
 Id. 
72
 The association serves as termination trustee unless another person is appointed in the plan of termination. If the 
association is unable, unwilling, or fails to act as trustee, any unit owner may petition the court to appoint a trustee. S. 
718.117(13), F.S. 
73
 S. 718.117(10)(c), F.S. 
74
 S. 718.117(9), F.S. 
75
 S. 718.117(15), F.S. 
76
 S. 718.1255(4)(a), F.S. 
77
 S. 718.1255(3)(b), F.S.  17 
 
 A plan of termination.
78 
 
The Division does not have jurisdiction to arbitrate or mediate disputes 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; or  
 Claims for damages to a unit based upon the alleged failure of the association to maintain the common 
elements or condominium property.
79 
 
Recall and election disputes in condominium, cooperative, and homeowners’ associations are not eligible for pre-
suit mediation and must be arbitrated by the Division or filed directly with a court of competent jurisdiction.
80 
 
Arbitration is binding on the parties if all parties in arbitration agree to be bound in a writing filed in the 
arbitration,
81 or if a complaint for a trial de novo is not filed in a court of competent jurisdiction in which the 
condominium is located within 30 days after the arbitration decision is rendered.
82 
 
The filing fee for a petition to the Division to initiate nonbinding arbitration or pre-suit mediation is $50.
83 The 
Division employs full-time arbitrators and may certify private attorneys to conduct mandatory nonbinding 
arbitration.  
 
The Act also encourages parties to a condominium dispute to participate in voluntary mediation through a Citizen 
Dispute Settlement Center.
84,85 
 
Electronic Voting 
The Act provides that an association may conduct elections and other unit owner votes through an internet-based 
online voting system if a unit owner consents, electronically or in writing, to online voting.
86 If the association uses 
the internet-based voting system, the association must also provide each unit owner with:  
 A method to authenticate the unit owner’s identity to the online voting system;  
 For elections of the board, a method to transmit an electronic ballot to the online voting system that 
ensures the secrecy and integrity of each ballot; and  
 A method to confirm, at least 14 days before the voting deadline, that the unit owner’s electronic device can 
successfully communicate with the online voting system.
87 
 
Further, the association must use an online voting system that is:  
 Able to authenticate the unit owner’s identity;  
 Able to authenticate the validity of each electronic vote to ensure that the vote is not altered in transit;  
 Able to transmit a receipt from the online voting system to each unit owner who casts an electronic vote;  
 For elections of the board of administration, able to permanently separate any authentication or identifying 
information from the electronic election ballot, rendering it impossible to tie an election ballot to a specific 
unit owner; and 
                                                            
78
 S. 718.1255(1)(a)–(c), F.S.  
79
 S. 718.1255(1), F.S.  
80
 S. 718.1255(5), F.S. 
81
 S. 718.1255(4)(a), F.S. 
82
 S. 718.1255(4)(k), F.S. 
83
 S. 718.1255(4)(a), F.S. 
84
 Under Florida law, the chief judge of a judicial circuit, after consultation with the board of county commissioners of a county 
or with two or more boards of county commissioners of counties within the judicial circuit, may establish a Citizen Dispute 
Settlement Center for such county or counties, with the approval of the Chief Justice. S. 44.201(1), F.S.  
85
 S. 718.1255(2), F.S. 
86
 S. 718.128, F.S.  
87
 S. 718.128(1), F.S.   18 
 
 Able to store and keep electronic votes accessible to election officials for recount, inspection, and review 
purposes.
88  
 
Under the Act, a unit owner that votes electronically pursuant to the provisions above must be counted as being in 
attendance at the meeting for purposes of determining a quorum.
89 When a quorum is established based on unit 
owners voting electronically, a substantive vote of the unit owners may not be taken on any issue other than the 
issues specifically identified in the electronic vote.
90  
 
Insured Warranty Programs 
Currently, the Act allows residential condominiums to be covered by an insured warranty program that is 
underwritten by a licensed insurance company registered in Florida, provided that such warranty program meets 
the minimum requirements of the Act.
91 To the extent that the warranty does not meet the minimum requirements 
of the Act, the minimum requirements apply.
92   
 
Transfer of Association Control 
Under the Act, if unit owners other than the developer own 15 percent or more of the units in a condominium that 
will ultimately be operated by an association, the unit owners other than the developer are entitled to elect at least 
one-third of the members of the association’s board of administration.
93  
 
Additionally, upon the first to occur of the events described in paragraphs (a) through (g) below, unit owners 
(other than the developer) are entitled to elect at least a majority of the members of the association’s board:  
(a) Three years after 50 percent of the units that will be operated ultimately by the association have been 
conveyed to purchasers; 
(b) Three months after 90 percent of the units that will be operated ultimately by the association have been 
conveyed to purchasers; 
(c) When all the units that will ultimately be operated by the association have been completed, some of them 
have been conveyed to purchasers, and none of the others are being offered for sale by the developer in the 
ordinary course of business; 
(d) When some of the units have been conveyed to purchasers and none of the others are being constructed or 
offered for sale by the developer in the ordinary course of business; 
(e) When the developer files a petition seeking protection in bankruptcy; 
(f) When a receiver for the developer is appointed by a circuit court and is not discharged within 30 days after 
such appointment, unless the court determines within 30 days after appointment of the receiver that 
transfer of control would be detrimental to the association or its members; or 
(g) Seven years after the date of the recording of the certificate of a surveyor and mapper pursuant to s. 
718.104(4)(e), F.S., or the recording of an instrument that transfers title to a unit in the condominium 
which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit, 
whichever occurs first.
94,95 
 
Agreements Entered into By the Association 
The Act requires that any grant or reservation made by a declaration, lease, or other document, and any contract 
made by an association prior to assumption of control of the association by the unit owners (other than the 
                                                            
88
 S. 718.128(2), F.S. 
89
 S. 718.128(3), F.S.  
90
 Id.  
91
 S. 718.203(7), F.S.  
92
 Id.  
93
 S. 718.301(1), F.S.  
94
 For cases that involve an association that may ultimately operate more than one condominium, or cases that involve an 
association operating a phrase condominium created pursuant to s. 718.403, F.S., see s. 718.301(1)(g), F.S.  
95
 S. 718.301(1)(a)–(g), F.S.   19 
 
developer), that provides for operation, maintenance, or management of an association or property serving the 
unit owners, must be fair and reasonable.
96 
 
Such grant, reservation, or contract may be canceled by unit owners (other than the developer) in the following 
manner:  
 If the association operates only one condominium and the unit owners (other than the developer) have 
assumed control of the association, or if unit owners (other than the developer) own not less than 75 
percent of the voting interests in the condominium, the cancellation must be by concurrence of the owners 
of not less than 75 percent of the voting interests other than the voting interests owned by the developer.
97  
 If the association operates more than one condominium and the unit owners (other than the developer) 
have not assumed control of the association, and if unit owners other than the developer own at least 75 
percent of the voting interests in a condominium operated by the association, any grant, reservation, or 
contract for maintenance, management, or operation of buildings containing the units in that condominium 
or of improvements used only by unit owners of that condominium may be canceled by concurrence of the 
owners of at least 75 percent of the voting interests in the condominium other than the voting interests 
owned by the developer.
98 
 
Further, if an association operates more than one condominium and its unit owners (other than the developer) 
have assumed control of the association, the cancellation must be by concurrence of the owners of not less than 75 
percent of the total number of voting interests in all condominiums operated by the association (other than the 
voting interests owned by the developer).
99 
 
Condominiums Created Within a Portion of a Building  
Under the Act, a condominium may be created within a portion of a building or within a multiple parcel 
building.
100,101 The common elements of a condominium created as such are only those portions of the building that 
are submitted to the condominium form of ownership, excluding the units of that condominium.
102  
 
The declaration that creates a condominium within a portion of a building or within a multiple parcel building, the 
recorded instrument that creates the multiple parcel building, and any other recorded instrument applicable to s. 
718.407, F.S., must specify all of the following:  
 The portions of the building which are included in the condominium and the portions that are excluded. 
 The party responsible for maintaining and operating those portions of the building which are shared 
facilities, including, but not limited to, the roof, the exterior of the building, the windows, the balconies, the 
                                                            
96
 S. 718.302(1), F.S.  
97
 If a grant, reservation, or contract is so canceled and the unit owners other than the developer have not assumed control of 
the association, the association shall make a new contract or otherwise provide for maintenance, management, or operation in 
lieu of the canceled obligation, at the direction of the owners of not less than a majority of the voting interests in the 
condominium other than the voting interests owned by the developer. S. 718.302(1)(a), F.S.  
98
 No grant, reservation, or contract for maintenance, management, or operation of recreational areas or any other property 
serving more than one condominium, and operated by more than one association, may be canceled. However, if the owners of 
units in a condominium have the right to use property in common with owners of units in other condominiums and those 
condominiums are operated by more than one association, no grant, reservation, or contract for maintenance, management, or 
operation of the property serving more than one condominium may be canceled until unit owners other than the developer 
have assumed control of all of the associations operating the condominiums that are to be served by the recreational area or 
other property, after which cancellation may be effected by concurrence of the owners of not less than 75 percent of the total 
number of voting interests in those condominiums other than voting interests owned by the developer. Ss. 718.302(1)(a), and 
(d), F.S.  
99
 S. 718.302(1)(c), F.S.  
100
 A “multiple parcel building” is a building, other than a building consisting entirely of a single condominium, timeshare, or 
cooperative, which contains separate parcels that are vertically located, in whole or in part, on or over the same land. S. 
193.0237(1)(a), F.S.  
101
 S. 718.407(1), F.S.  
102
 S. 718.407(2), F.S.   20 
 
elevators, the building lobby, the corridors, the recreational amenities, and the utilities. 
 The party responsible for collecting the shared expenses.  
 The rights and remedies that are available to enforce payment of the shared expenses.
103   
 
Notably, the documents must also specify the manner in which the expenses for the maintenance and operation of 
the shared facilities will be apportioned.
104 An owner of a portion of a building which is not submitted to the 
condominium form of ownership or the condominium association, as applicable to the portion of the building 
submitted to the condominium form of ownership, must approve any increase to the apportionment of expenses to 
such portion of the building.
105  
 
The apportionment of the expenses for the maintenance and operation of the shared facilities may be based on any 
of the following criteria or any combination thereof:
106 
 The area or volume of each portion of the building in relation to the total area or volume of the entire 
building, exclusive of the shared facilities. 
 The initial estimated market value of each portion of the building in comparison to the total initial 
estimated market value of the entire building. 
 The extent to which the unit owners are permitted to use various shared facilities.
107 
 
Developer and Non-Developer Disclosures  
The Act requires that developers
108 and non-developer unit owners make certain disclosures prior to the sale of a 
residential condominium unit.
109 Among the required disclosures for developers are the milestone inspection 
report, the turnover inspection report, and the SIRS report.
110 Likewise, if a condominium association is required to 
have any of the reports but has not completed them, the developer is required to disclose the non-compliance.
111  
 
A unit owner who is not a developer must also comply with the Act’s disclosure requirements before the sale of his 
or her unit.
112 Each prospective purchaser who has entered into a contract for the purchase of a unit is entitled, at 
                                                            
103
 Ss. 718.407(3)(a), (b), (d), and (e), F.S.  
104
 S. 718.407(3)(c)1., F.S.  
105
 Id.  
106
 An alternative apportionment of expenses is not precluded under the Act as long as such apportionment is stated in the 
declaration of condominium, the recorded instrument that creates the multiple parcel building, or any other applicable 
recorded instrument. S. 718.407(3)(c)2., F.S.  
107
 S. 718.407(3)(c)1.a.–c., F.S.  
108
 “Developer” means a person who creates a condominium or offers condominium parcels for sale or lease in the ordinary 
course of business, but does not include:  
(a) an owner or lessee of a condominium or cooperative unit who has acquired the unit for his or her own occupancy;  
(b) a cooperative association that creates a condominium by conversion of an existing residential cooperative after 
control of the association has been transferred to the unit owners if, following the conversion, the unit owners are the 
same persons who were unit owners of the cooperative and no units are offered for sale or lease to the public as part 
of the plan of conversion;  
(c) a bulk assignee or bulk buyer as defined in s. 718.703, F.S., or  
(d) a state, county, or municipal entity acting as a lessor and not otherwise named as a developer in the declaration of 
condominium. S. 718.103(17), F.S.  
109
 See s. 718.503, F.S. 
110
 S. 718.503(1)(d), F.S.  
111
 Id.  
112
 S. 718.503(2)(a), F.S.   21 
 
the seller’s expense, to a current copy of all of the following:  
 The declaration of condominium; 
 The articles of incorporation of the association;  
 The bylaws and rules of the association;  
 An annual financial statement and annual budget of the association;  
 A copy of the inspector-prepared summary of the milestone inspection report, if applicable;  
 The association’s most recent SIRS or a statement that the association has not completed a SIRS;  
 A copy of the inspection report for a turnover inspection performed on or after July 1, 2023; and  
 The document entitled “Frequently Asked Questions and Answers” required by s. 718.504, F.S.
113 
 
Section 31 of Ch. 2024-244, Laws of Fla. 
The amendments made to ss. 718.103(14), and 718.202(3), and s. 718.407(1), (2), and (6), F.S., F.S., which were 
made by s. 31 of ch. 2024-244, Laws of Fla., were intended to clarify existing law and were required to be applied 
retroactively. Currently, s. 31 of ch. 2024-244, Laws of Fla., provides that such amendments do not revive or 
reinstate any right or interest that has been fully and finally adjudicated as invalid before October 1, 2024.  
 
 
RECENT LEGISLATION:  
 
YEAR BILL #  HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION 
2024 CS/CS/CS/HB 
1021 
Lopez, V. 	Bradley The 2024 legislation for 
condominium and cooperative 
associations.  
2023 CS/CS/HB 1395 Lopez, V. 	Bradley The 2023 legislation for 
condominium and cooperative 
associations.  
 
 
BILL HISTORY 
COMMITTEE REFERENCE ACTION DATE 
STAFF 
DIRECTOR/ 
POLICY CHIEF 
ANALYSIS 
PREPARED BY 
Housing, Agriculture & Tourism 
Subcommittee 
18 Y, 0 N, As CS 3/11/2025 Curtin Fletcher 
THE CHANGES ADOPTED BY THE 
COMMITTEE: 
 Required an association to post on its website the adopted minutes of 
all meetings of the association for the preceding 7 years (This change 
will not go into effect until January 1, 2026.) 
 Allowed a board to pause contributions to its reserves, without 
obtaining the prior approval of a majority of its members, if a local 
building official determines that a condominium building is 
uninhabitable. 
 Clarified that certain amendments that were made to Florida’s 
Condominium Act in 2024 do not retroactively apply to any right or 
interest in a matter pending adjudication before October 1, 2024. 
Commerce Committee 	23 Y, 0 N, As CS 4/15/2025 Hamon Fletcher 
                                                            
113
 S. 718.503(2)(a)1.–8., F.S.   22 
 
THE CHANGES ADOPTED BY THE 
COMMITTEE: 
 Required local governments to confirm with each condominium 
association by October 1, 2025, that the structural integrity reserve 
study (SIRS) and milestone inspection have been completed, and to 
report this information to the Division of Condominiums, Timeshares, 
and Mobile Homes (Division) by December 31, 2025. 
 Removed the prohibition on Citizens Property Insurance Corporation 
from providing coverage to associations or unit owners that fail to 
comply with structural integrity inspections and reserve requirements.  
 Required local governments to adopt an ordinance requiring that an 
association schedule or commence repairs for substantial structural 
deterioration within a specified timeframe after the local enforcement 
agency receives a phase two inspection report.  
 Required local enforcement agencies responsible for milestone 
inspections to provide to DBPR, by October 1, 2025, and December 31 
every year thereafter, specified information relating to buildings 
required to have a milestone inspection.  
 Required DBPR to provide to the Office of Program Policy Analysis and 
Government Accountability (OPPAGA) all information obtained from 
the local enforcement agencies by a date specified, and in a manner 
prescribed, by OPPAGA. 
 Allowed all multi-condominium associations to use alternative funding 
methods approved by DBPR, not just multi-condominium associations 
operating at least 25 condominiums.  
 Required condominium associations to post on their website:  
o The approved minutes of meetings of the board of 
administration over the preceding 12 months; and  
o Copies of all assessments and special assessments for the 
previous 2 years, and an itemized list indicating which 
assessments were related to the milestone inspection report 
and which were related to the association’s most recent SIRS. 
 Increased the threshold for non-specified items that must be included 
in the SIRS from $10,000 to $25,000.   
 Allowed members of an association to vote to waive the maintenance of 
reserves recommended by the most recent SIRS, if an association votes 
to terminate the condominium.  
 Allowed unit owners to vote to use a line of credit in lieu of fully 
funding reserves annually, provided the unit owners receive clear 
notice that reserves will not be funded annually; the association will 
use credit instead; and projected future assessments.  
 Required any line of credit secured by the association, and certain 
related information, to be disclosed to subsequent purchasers.  
 Provided that a vote of an association’s members is not required to 
create the association’s reserve accounts in accordance with the most 
recent SIRS.  
 Required SIRS for condominium buildings that are three habitable 
stories or higher in height, as determined by the Florida Building Code.   
 Required the base amount of an expense or replacement cost for a 
SIRS-related item to be modified annually based on the Consumer Price 
Index, and required DBPR to post on its website by February 1 each 
year the revised expense or replacement cost.  
 Required an officer or director of an association to sign an affidavit 
acknowledging receipt of a completed SIRS.  
 Required DBPR to adopt by rule, in coordination with the Florida 
Building Commission, the form to be used for SIRS.   23 
 
 Authorized the Division to impose penalties and enforce compliance if 
an owner fails to provide a financial report on the costs of operating 
and maintaining shared facilities, including copies of the receipts and 
invoices, within 60 days of the end of the fiscal year. 
 Reopened court cases that were pending adjudication before December 
1, 2024, rather than October 1, 2024, that were closed by certain 
amendments to the Condominium Act in 2024.  
 
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE. 
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