Florida Condo Laws: A Plain-English Guide to Chapter 718 (2026)

Does my condo building need a milestone inspection?

It does if it is a residential condo or co-op building three or more habitable stories tall. The first inspection is due by December 31 of the year the building turns 30, based on its certificate of occupancy date, and then every 10 years. (F.S. 553.899(3)(a))

Is the deadline earlier if I live near the beach?

It can be. Your local building agency may require the first inspection at 25 years if local conditions, such as closeness to salt water, call for it. The statute leaves this to the local agency and does not set a mileage rule. (F.S. 553.899(3)(b))

Are townhouses or small buildings covered?

The milestone law does not apply to single-family, two-family, three-family, or four-family dwellings with three or fewer habitable stories above ground. (F.S. 553.899(4))

Who pays for the milestone inspection?

The association pays the costs tied to the parts of the building it must maintain under its governing documents. Owners of any non-condo portion of the building share responsibility for compliance. (F.S. 553.899(4))

Will I get to see the inspection results?

Yes. Within 45 days after receiving the report, the association must send every owner the inspector's summary by mail or hand delivery (and email if you agreed to it), post it on the property, and put the full report online if it must have a website. (F.S. 553.899(9))

What happens if phase one finds no serious problems?

If the architect or engineer finds no signs of substantial structural deterioration during the visual exam, phase two is not required. (F.S. 553.899(7)(a))

How soon do repairs have to start after a phase two report?

Your county or city sets the timeline by ordinance, but repairs for substantial structural deterioration must begin within 365 days after the report is received. If proof is not given, the local agency must review whether the building is unsafe to occupy. (F.S. 553.899(11))

Who maintains my balcony or assigned parking space?

It depends on your declaration. The association maintains common elements, but the declaration may assign upkeep of limited common elements to the owners who use them or have the association do it and bill only those owners. (F.S. 718.113(1))

Can my board refuse to let me install hurricane shutters?

Not if your shutters or other protection meet the specifications the board adopted. The board may require you to follow the building's existing unified exterior look. (F.S. 718.113(5)(c))

Can I install an EV charger at my condo?

Yes, within your limited common element or exclusively assigned parking area. You pay for installation, electricity (separately or embedded metered), upkeep, insurance, and removal, and the association may set reasonable safety and appearance standards. (F.S. 718.113(8)(a))

Can I fly an American flag even if the rules say no?

Yes. You may display one portable, removable U.S. flag in a respectful way regardless of declaration rules on flags. On six named holidays you may also fly official military branch flags up to 4 1/2 by 6 feet. (F.S. 718.113(4))

Can the board charge a special assessment after a hurricane without a vote?

If a state of emergency has been declared for the area, the board may levy special assessments without an owner vote unless the condo documents specifically prohibit it. These emergency powers last only as long as reasonably necessary. (F.S. 718.1265(1)(l))

Can the association keep me out of my unit during an emergency?

It may close unsafe areas or order evacuation in some cases. But during a Governor-declared emergency it may not block access for a sale or lease, or for habitability, health, or safety, unless a government order or CDC directive prohibits access. (F.S. 718.1265(3)(b))

Can my condo be terminated if I vote no?

For an optional termination of a residential condo, at least 80 percent must approve, and if 5 percent or more reject the plan it cannot go forward. Different rules apply when repairs would cost more than the units are worth. (F.S. 718.117(3))

Can the association charge me attorney fees on a late payment right away?

No. It must first send a written notice of late assessment showing what you owe and giving you a chance to pay without attorney fees. Before filing a lien it must also give 45 days' notice of intent. (F.S. 718.121(5))

How much notice does a Florida condo board have to give before a meeting?

Notice listing every agenda item must be posted conspicuously on the condo property at least 48 continuous hours before a board meeting, except in an emergency. If the board will consider a non-emergency special assessment or a change to unit-use rules, owners must get written notice and posting at least 14 days ahead. (F.S. 718.112(2)(c)1.)

Can I speak at my condo board meeting?

Yes. Owners have the right to speak on all designated agenda items and to ask about construction or repair projects, the year's revenues and spending, and other issues affecting the condo. The association may adopt reasonable written rules on how often, how long and how owners speak. (F.S. 718.112(2)(c))

Can I record a condo board meeting in Florida?

Yes. The law says a unit owner may tape record or videotape board meetings, and also owner meetings, subject to reasonable rules adopted by the state division. (F.S. 718.112(2)(c))

Can condo board members vote by email?

No. Directors may use email to communicate, but they may not cast a vote on an association matter by email. (F.S. 718.112(2)(c))

Can condo meetings be held on Zoom or other video conference?

Yes. Board, owner and budget meetings may be held by video conference. The notice must include a link, a call-in number and a physical address where owners can attend, and the meeting must be recorded and kept as an official record. (F.S. 718.112(2)(c)1.)

How long can someone serve on a Florida condo board?

A director may not serve more than 8 consecutive years unless owners approve by two-thirds of all votes cast in the election, or there are not enough eligible candidates. Only service on or after July 1, 2018, counts. (F.S. 718.112(2)(d)3.)

What training do Florida condo directors need?

Residential condo directors must sign a written certification and complete a course of at least 4 hours from the state division or an approved provider, within 1 year before or 90 days after taking office. After that, they need at least 1 hour of continuing education every year. (F.S. 718.112(2)(d)5.b.(II))

What happens if a director does not complete the required education?

A director who fails to file the certification and education certificate on time is suspended from the board until he or she complies, and the board may temporarily fill the seat. Board actions are not invalid just because the paperwork is missing. (F.S. 718.112(2)(d)5.b.)

What are the deadlines for running in a condo board election?

The association sends a first notice at least 60 days before the election. Candidates must give written notice of intent at least 40 days before, and the ballot goes out 14 to 34 days before the election. (F.S. 718.112(2)(d)5.a.)

Can I run for the condo board if I owe assessments?

No. A person who is delinquent in paying any assessment owed to the association is not eligible to be a candidate and may not be listed on the ballot. (F.S. 718.112(2)(d)3.)

How do owners recall a condo board member?

A majority of all voting interests can recall any director, with or without cause, by vote at a meeting or by written agreement. The board must then hold a meeting within 5 full business days; if it does not, the recall is deemed effective. (F.S. 718.112(2)(l))

What is a structural integrity reserve study (SIRS)?

It is a study, based on a visual inspection, of a building's key structural and safety components, such as roof, structure, fire protection, plumbing, electrical, waterproofing and windows. It estimates each item's remaining life and cost and recommends a reserve funding plan. (F.S. 718.112(2)(g)2.)

Which Florida condo buildings need a SIRS?

Residential condo associations need one for each building three habitable stories or higher, as determined by the Florida Building Code, at least every 10 years. Buildings under three stories and one- to four-family dwellings with three or fewer habitable stories above ground are excluded. (F.S. 718.112(2)(g)1.)

What was the SIRS deadline for existing condos?

Owner-controlled associations that existed on or before July 1, 2022, had to complete the study by December 31, 2025. Those with a milestone inspection due by December 31, 2026, could do both together, but the study may never be completed after December 31, 2026. (F.S. 718.112(2)(g)7.)

Who is allowed to perform a SIRS?

A Florida-licensed engineer or architect, or a person certified as a reserve specialist or professional reserve analyst by the Community Associations Institute or the Association of Professional Reserve Analysts. (F.S. 718.112(2)(g)3.a.)

Can condo owners vote to waive reserves?

In an owner-controlled association, owners can waive or reduce many reserves by a majority of all voting interests. But for budgets adopted on or after December 31, 2024, associations that must have a SIRS may not waive or reduce reserves for the study's components (with a narrow multicondominium exception approved by the state). (F.S. 718.112(2)(f)2.b.)

Can a condo association borrow money instead of raising dues for structural reserves?

Yes. Structural reserves may be funded by regular assessments, special assessments, lines of credit or loans. A special assessment, line of credit or loan requires approval by a majority of all voting interests and must be disclosed in the annual financial statement. (F.S. 718.112(2)(f)2.c.(I))

What happens if my condo's proposed budget raises dues more than 15 percent?

If assessments would exceed 115 percent of the prior year's, the board must also propose a substitute budget without discretionary spending. Owners may adopt it by a majority of all voting interests. Required reserves, certain irregular structural expenses and insurance premiums are left out of the 115 percent calculation. (F.S. 718.112(2)(e)2.a.)

Can my condo association charge a fee when I sell or rent my unit?

Only if the association must approve the transfer and the condo documents provide for a fee. The fee may not exceed $150 per applicant (adjusted for inflation every 5 years), and no fee may be charged to renew a lease with the same tenant. (F.S. 718.112(2)(k))

How long does my condo association have to let me see the records?

The association must make official records available within 10 working days after it receives your written request. Records must be available within 45 miles of the condo or in the same county. Missing that deadline creates a presumption, which can be rebutted, that the failure was willful. (F.S. 718.111(12)(b))

What can I get if my condo association refuses to show me records?

An owner denied access can recover actual damages or minimum damages of $50 per calendar day for up to 10 days, starting on the 11th working day after the written request. A person who wins an enforcement action can also recover reasonable attorney fees from the person who knowingly denied access. (F.S. 718.111(12)(c)1.a.)

Do I have to tell the board why I want to see records?

No. The association may set reasonable rules on when, where, and how inspections happen, but it may not require you to show a purpose or give a reason. (F.S. 718.111(12)(c)1.a.)

Can I take pictures of condo records with my phone?

Yes. The association must let a member or authorized representative use a smartphone, tablet, portable scanner, or similar device to copy records, and it cannot charge for using the device. (F.S. 718.111(12)(c)5.)

Does my condo association have to have a website?

An association managing a condominium with 25 or more units that has no timeshare units must post required documents on a website or a downloadable mobile app. The documents must sit in a protected area open only to owners and association employees. (F.S. 718.111(12)(g)1.)

What has to be posted on a condo association website?

Required items include the declaration, bylaws, articles, rules, 12 months of approved board minutes, video conference meeting recordings, contracts and bid lists, the budget, the financial report, director certifications, conflict-of-interest documents, meeting notices, inspection reports, the latest structural integrity reserve study if applicable, building permits, and required affidavits. (F.S. 718.111(12)(g)2.)

When do condo owners get the annual financial report?

The association must finish the report within 90 days after the fiscal year ends (or on a date in the bylaws). It must then deliver a copy, or notice that a free copy is available, within 21 days after it is finished and no later than 180 days after year-end. If you ask in writing, a free copy is due within 5 business days. (F.S. 718.111(13))

Does my condo association need an audit?

It depends on total annual revenue. Associations with $500,000 or more in revenue must prepare audited financial statements. Owners can vote by majority of all voting interests to allow a lesser report for one year, but not in back-to-back years. (F.S. 718.111(13)(a)3.)

Does the condo association have to take the lowest bid?

No. When a contract costs more than 5 percent of the total annual budget including reserves, the association must get competitive bids, but the law says it is not required to accept the lowest one. (F.S. 718.3026(1))

Can a condo board member do business with the association?

Only with disclosure and approval. The deal must be on the agenda with contracts attached, approved by two-thirds of the other directors present, and disclosed at the next members' meeting, where members can cancel it by majority vote. The conflicted director must leave during the discussion and vote. (F.S. 718.3027(2))

What does the condo master insurance policy not cover inside my unit?

The association's policy must exclude your personal property, floor, wall and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets, countertops, and window treatments in your unit. The law makes those the unit owner's responsibility to insure. (F.S. 718.111(11)(f)3.)

Who pays the insurance deductible after a hurricane damages the building?

Generally, deductibles and damage beyond the association's coverage are a common expense shared by all owners. An owner may have to pay if the damage came from his or her (or a family member's, tenant's, or guest's) intentional conduct, negligence, or rule violations. An association can opt out of this default by majority vote of all voting interests. (F.S. 718.111(11)(j))

Can my condo association use a debit card?

No. The association and its officers, directors, employees, and agents may not use a debit card issued in the association's name, or billed to it, to pay association expenses. Using one for something that is not a lawful obligation is theft and requires removal from office. (F.S. 718.111(15)(a))

How long must a condo association keep records?

Founding documents and minutes are kept permanently. Most other records are kept at least 7 years in Florida, bids at least 1 year, voting papers 1 year, and structural integrity reserve studies and structural or life safety inspection reports 15 years. (F.S. 718.111(12)(b))

Can a renter see condo association records?

Only some. A renter can inspect and copy the declaration, the bylaws and rules, and certain building inspection reports. Full records access belongs to association members and their authorized representatives. (F.S. 718.111(12)(c)1.a.)

I bought my condo at a foreclosure sale. Do I owe the old owner's unpaid dues?

Generally yes. A new owner, however title was acquired, is jointly responsible with the previous owner for unpaid assessments that came due up to the transfer, and can try to recover those amounts from the previous owner. Different limits apply to a first mortgage lender that takes title through foreclosure, and to an association that took title by foreclosure. (F.S. 718.116(1)(a))

How much interest and late fees can my association charge on late dues?

Interest is charged at the rate in the declaration, up to what the law allows, or 18 percent per year if the declaration sets no rate. If the declaration or bylaws allow it, the association can also charge a late fee of up to the greater of $25 or 5 percent of each late installment. (F.S. 718.116(3))

Can my association foreclose on my unit for unpaid assessments?

Yes. The association can foreclose its lien like a mortgage or sue for a money judgment. But no foreclosure judgment can be entered until at least 45 days after it sends you a written notice of intent to foreclose. (F.S. 718.116(6))

How fast must the association provide an estoppel certificate?

Within 10 business days after a written or electronic request. If it misses that deadline, it cannot charge a fee for that certificate. The certificate is good for 30 days if delivered by hand or electronically, or 35 days by regular mail. (F.S. 718.116(8)(d))

How much can an estoppel certificate cost?

The statute sets caps of $250 when nothing is past due, an extra $100 for delivery within 3 business days, and no more than an extra $150 when money is past due. These caps are adjusted every 5 years for inflation, and the Florida Department of Business and Professional Regulation posts the current amounts on its website. (F.S. 718.116(8)(i))

The sale fell through. Can the estoppel fee be refunded?

Yes, if the payor was not the unit owner. That payor must send a written request with reasonable documentation no later than 30 days after the planned closing date, and the refund is due within 30 days after the request. This right cannot be waived by contract. (F.S. 718.116(8)(h))

What is the most my association can fine me?

Up to $100 per violation and no more than $1,000 in total, even if fined daily for a continuing violation. A fine also cannot become a lien on your unit. (F.S. 718.303(3))

Can the board fine me without a hearing?

No. The board must first give at least 14 days' written notice and a chance for a hearing before a committee of at least three people who are not officers, directors, employees, or their close relatives. If the committee does not approve the fine by majority vote, it cannot be imposed. (F.S. 718.303(3)(b))

Can the association take away my parking space or elevator access?

Not as a suspension. Suspensions for violations or for being more than 90 days behind cannot cover limited common elements for your unit only, common areas needed to reach your unit, utilities, parking spaces, or elevators. (F.S. 718.303(4))

Can I lose my right to vote if I owe money?

Only if the amount owed is more than $1,000 and more than 90 days late. You must get proof of the debt 30 days before the suspension takes effect, it must be approved at a properly noticed board meeting, and it ends when everything currently due is paid. (F.S. 718.303(5))

I rent a condo and the association says to pay rent to it instead of my landlord. What do I do?

If the owner is behind, the association can demand in writing that you pay rent to it. If you already paid your landlord for the current period, give the association written proof within 14 days and start paying it with the next period. Rent you pay the association on time protects you from the landlord's claims for that rent, and you never owe more than your rent. (F.S. 718.116(11)(c))

My association just voted to ban rentals. Does that apply to me?

An amendment that bans rentals, changes rental length, or limits how often units can be rented applies only to owners who agree to it and to owners who buy after it takes effect. (F.S. 718.110(13))

How long do I have to cancel after signing a contract to buy a resale condo?

If the contract uses the cancellation clause, you can cancel by written notice within 7 days, excluding Saturdays, Sundays and legal holidays, after signing and receiving the required documents. The other option is a clause saying you got the documents more than 7 such days before signing. A contract that has neither can be canceled before closing. (F.S. 718.503(2)(d))

How long do I have to cancel a contract with a developer?

You can cancel by written notice within 15 days after signing and receiving all the documents the developer must provide, and within 15 days after receiving an amendment that materially changes the offering against you. The right ends at closing, and you cannot waive it. (F.S. 718.503(1)(a))

What documents does a resale buyer get?

At the seller's expense: the declaration, articles of incorporation, bylaws and rules, annual financial statement and budget, the Frequently Asked Questions and Answers document, and where applicable the milestone inspection summary, the latest structural integrity reserve study (or a statement none is done), and the turnover inspection report. The buyer can also get a state governance form. (F.S. 718.503(2)(a))

How do I complain to the state about my association?

You can file a complaint with the Division of Florida Condominiums, Timeshares, and Mobile Homes. It must acknowledge your complaint in writing within 30 days and act on it within 90 days, with monthly updates if the investigation runs longer. After turnover, the division can only investigate certain topics, such as finances, elections, records, and meetings. (F.S. 718.501(1)(n))

Do I have to go to arbitration before suing my association?

For covered disputes, such as election, meeting, records, or board authority disputes, a party must first either petition the state for nonbinding arbitration ($50 filing fee) or start presuit mediation. Election and recall disputes cannot be mediated and must be arbitrated by the division or filed in court. Disputes mainly about assessments are not covered by this process. (F.S. 718.1255(4)(a))

When do owners take over the board from the developer?

Owners elect a majority of the board at the first of several events, such as 3 years after half the units are sold, 3 months after 90 percent are sold, or at most 7 years after the surveyor's certificate or first unit transfer is recorded. Owners get one-third of the seats once they own 15 percent of units. (F.S. 718.301(1)(b))