Florida Law · Board Fundamentals · Updated for HB 913 (2025)

Florida Chapter 718: Condominium Act Overview for Board Members

The statute that governs every Florida condominium association — from how meetings are noticed, to who can serve on the board, to how reserves are funded. A board-level walkthrough of the framework as it stands in 2026, after three rounds of post-Surfside reforms.

The Bottom Line

Florida Statutes Chapter 718 — the Condominium Act — is the primary statutory framework for every condominium association in Florida. It governs how associations are formed, how they are operated, how boards are elected and run, what records must be maintained, how assessments are levied, and (since 2022) how structural safety obligations are met. The statute has been amended substantially in 2022 (SB 4-D), 2023 (SB 154), 2024, and 2025 (HB 913, “Condo Law 3.0”). Directors of Florida condominium associations must now certify they have read the governing documents and complete a four-hour initial education curriculum, with one hour of continuing education annually. This article is a current-state orientation to the statute’s core provisions, organized for someone joining a Florida condominium board or assuming an officer role.

Operational Context: Why Chapter 718 Is the Most Active Community-Association Statute in the U.S.

Florida has more than 1.5 million condominium units, the largest concentration in the country, much of it aging coastal product. The June 2021 collapse of Champlain Towers South in Surfside accelerated a legislative process that was already underway. Three consecutive sessions have produced major reforms: the post-Surfside structural-safety framework (SB 4-D, 2022); refinements to milestone inspections and SIRS deadlines (SB 154, 2023); and the “Condo Law 3.0” package (HB 913, 2025) that clarified the habitable-stories standard, confirmed mandatory SIRS funding, expanded transparency requirements, and provided narrow relief for milestone-inspection-tied repair work.

For directors, the practical consequence is that pre-2022 institutional knowledge is no longer reliable on several important topics — particularly reserves, structural inspections, election procedures, records access, and electronic governance tools. A current board needs to operate against the statute as it stands today, not the statute as it was when the bylaws were drafted.

Governance Structure

Every Florida condominium is operated by an association organized as a Florida corporation (typically a not-for-profit corporation under Chapter 617). The association acts through an elected board of directors to maintain, manage, and operate the condominium property. The board must consist of directors elected by the unit owners, subject to the procedures in § 718.112 and the association’s bylaws.

Officers (president, secretary, treasurer, and any others designated in the bylaws) are typically elected by and from the board. The president has authority to execute documents and represent the association externally; the secretary maintains records and produces minutes; the treasurer oversees the financial books. The bylaws may impose additional officer roles or authorities.

Director Eligibility and Education

Under amendments in effect since 2024 and refined under HB 913 (2025), directors must:

• Within 90 days after being elected or appointed, certify in writing that they have read the association’s declaration, articles, bylaws, and rules; that they will work to uphold those documents to the best of their ability; and that they will faithfully discharge their fiduciary responsibility to the unit owners.
• Complete an educational curriculum of at least four hours administered by a DBPR-approved provider, covering at least seven enumerated topics including governance, financial literacy, records, elections, and meetings.
• Complete at least one hour of continuing education annually thereafter.
• Directors elected or appointed before July 1, 2024 were required to comply with these education and certification requirements by June 30, 2025.

Failure to complete the certification or education within the required time period can result in suspension from the board. Boards should treat this as a tracked compliance obligation, not an honor system.

Board Meetings — Notice, Openness, and Frequency

The statute is detailed and prescriptive on meetings:

• Board meetings where a quorum is present are open to all unit owners, with two narrow exceptions: discussions about personnel matters and meetings with the association’s attorney concerning proposed or pending litigation.
• Notice of every board meeting must be posted in a conspicuous location on the condominium property at least 48 continuous hours in advance, with the agenda listed.
• In residential associations with more than 10 units, the board must meet at least once per quarter, and at least four of those meetings each year must include time for owners to ask questions.
• Notice of meetings where assessments will be considered or where rules regarding unit use will be amended must be mailed, delivered, or electronically transmitted to unit owners at least 14 days in advance, with proof of notice filed in the records.
• Meetings of committees with delegated final authority (e.g., a budget committee, an arbitration committee) are generally subject to the same open-meeting and notice rules as board meetings.

Annual Meeting, Member Voting, and Elections

The annual meeting of unit owners must be held in accordance with the bylaws. Major election rules under § 718.112(2)(d):

• Directors are elected by written ballot or voting machine; proxies cannot be used in board elections, though they may be used for other member votes where the bylaws permit.
• Candidates must submit their names in writing no less than 40 days before the election and may submit candidate information sheets no less than 35 days before the election.
• The association must mail or deliver a second notice of election, together with a ballot, voting envelopes, and any candidate information sheets, between 14 and 34 days before the election.
• Electronic voting is permitted under § 718.128 if specific consent and security protocols are followed.
• If an association has 150 or more units (and is not a timeshare condominium), it must maintain a website or mobile application with statutorily required disclosures.
• An election monitor appointed by the DBPR Ombudsman may oversee elections in certain circumstances, with duties including ballot collection observation and vote-count verification.

Financial Provisions

Chapter 718 imposes a structured financial framework that has been substantially reinforced since 2022:

• The board must adopt an annual budget covering operating and reserve obligations.
• The budget must include reserve accounts for capital expenditures and deferred maintenance unless the requirement is properly waived — and after HB 913 (2025), reserve waivers are no longer available for the SIRS-mandated structural components in qualifying buildings.
• The Structural Integrity Reserve Study (SIRS) at § 718.112(2)(g) requires associations responsible for buildings three or more habitable stories to commission a specialized reserve study covering eight enumerated structural components, with the first SIRS due by December 31, 2025 and subsequent studies every 10 years.
• The 115% threshold in § 718.112(2)(e) creates a notice-and-objection process when the proposed budget would increase assessments by more than 115% over the prior year (excluding reserves, anticipated expenses not customarily incurred annually, and assessments for betterments).
• Year-end financial reporting (audit, review, or compilation) is required based on association size and revenue thresholds.
• Insurance requirements at § 718.111(11) mandate property and other coverages and require associations to maintain adequate property insurance regardless of governing-document provisions to the contrary — reinforced by HB 913 (2025).

Structural Safety: Milestone Inspections + SIRS

The post-Surfside framework has two complementary mandates:

• Milestone Inspections under § 553.899 require condominium and cooperative buildings three or more habitable stories to undergo a structural inspection by a licensed engineer or architect, beginning at the 25-year mark (for buildings within three miles of the coastline) or the 30-year mark (other buildings, unless local enforcement requires age 25), with recurring inspections every 10 years.
• SIRS under § 718.112(2)(g) requires a 10-year structural reserve study covering eight components for those same buildings.

Boards of qualifying buildings must coordinate both compliance obligations. See the CIC-SC articles Florida SIRS — Structural Integrity Reserve Study Compliance Timeline and Florida Condo Milestone Inspection Requirements for the operational walkthrough.

Records and Transparency

Under § 718.111(12), associations must maintain a defined set of official records (governing documents, minutes, financial records, insurance policies, contracts, owner rosters, etc.) and make them available to owners on written request. Records must generally be made available for inspection within 10 working days, subject to specific exceptions (e.g., attorney-client privileged materials, certain personnel records, owner medical records, election ballots before tabulation).

HB 913 (2025) expanded transparency requirements, particularly for associations with 25 or more units, requiring more information to be made available online and providing for additional electronic delivery of statutorily required notices and documents.

Common-Element Maintenance and Alterations

The association is responsible for maintaining the common elements; unit owners are responsible for their units (subject to the precise allocation in the declaration). Material alterations or substantial additions to the common elements generally require unit-owner approval per the declaration, with statutory default rules where the declaration is silent. Insurance proceeds and reserve fund expenditures are tied to specific authorized purposes — boards cannot freely move money across categories.

Enforcement, Fines, and Suspensions

Under § 718.303, the association may levy fines and suspend use rights for violations of the declaration, articles, bylaws, or rules. Before doing so, the board must provide at least 14 days’ notice and a hearing before an independent committee of at least three association members who are not officers, directors, or employees, or close relatives thereof. The committee’s role is limited to confirming or rejecting the fine or suspension. See the CIC-SC article HOA Hearing Rights — What Boards Must Provide Before Imposing a Fine for the detailed procedural walkthrough.

Director Conflicts of Interest

§ 718.3027 imposes specific disclosure and approval requirements when a director or officer (or a relative within the third degree) has an actual or presumed conflict of interest. The proposed conflict activity must be listed on the meeting agenda; all related documents must be attached; the association must comply with § 617.0832 of the nonprofit corporation code; and approval requires a two-thirds affirmative vote of all other directors present. The conflict must be disclosed at the next member meeting and may be cancelled by a majority of members present. See the planned CIC-SC article on §§ 718.3027 and 720.3033 for full coverage.

Quick Reference Table: Where to Look

Why This Matters

The cost of non-compliance has risen. Florida’s reform sequence has been accompanied by stronger enforcement, DBPR investigatory activity, and active owner-side litigation. Boards that operate on outdated assumptions are not just exposed to procedural challenges — they may be exposed to regulatory action.

Pre-2022 reserve practices are no longer reliable. The familiar “vote to waive reserves” mechanism does not work for SIRS components in qualifying buildings. Boards still operating on the old framework may be approving budgets that violate statute on the day they are adopted.

Director education is enforceable. A director who has not certified and completed the four-hour curriculum can be suspended. The compliance is administratively simple; the consequence of skipping it is not.

Transparency expectations have increased. Owners now have stronger expectations — and clearer statutory rights — to access records, attend meetings, see candidate information, and verify reserve studies. Boards that govern as if these expectations didn’t exist will face escalating complaints.

Best-Practice Guidance

1. Adopt a Chapter 718 compliance calendar.

Build a 12-month calendar that includes the quarterly board-meeting requirement (in >10-unit associations), budget adoption window, annual meeting, election deadlines, SIRS recurrence, milestone-inspection deadlines, and director-education renewal dates. Review at the start of each fiscal year.

2. Treat director certification and education as a hard gate.

No director should sit on the board past the 90-day certification window without producing the written certification and a record of the four-hour curriculum. Track these in the records.

3. Maintain the statutorily required online presence (where applicable).

For associations with 150+ units (and increasingly under HB 913 for smaller associations), the website or mobile application is a statutory feature, not a marketing asset. Confirm the required documents are posted and current.

4. Coordinate SIRS and milestone-inspection providers.

Time the engagements so that milestone-inspection findings inform SIRS scope. Engage providers with documented Florida-specific experience.

5. Use the independent fining committee correctly.

The fining committee’s independence is statutory and structural. Audit composition at every appointment cycle.

6. Watch the budget against the 115% threshold.

The threshold is a notice mechanism, not a cap — but crossing it should be a deliberate, communicated decision, with the board prepared to host a special meeting if a member request triggers one.

7. Re-read Chapter 718 in current form at least annually.

The statute changes every session. Pre-amendment practice can become a violation after the next round of legislation. Annual re-reading (or an annual counsel briefing) keeps the board on current footing.

Common Mistakes & Pitfalls

Actionable Takeaways

1. Confirm each director has completed the certification and four-hour curriculum within 90 days of election or appointment; calendar the annual one-hour CE renewal.
2. Audit every recent board meeting for compliance with the 48-hour notice requirement and the open-meeting framework.
3. Confirm SIRS compliance status and the 10-year recurrence schedule.
4. Confirm milestone inspection compliance status for qualifying buildings.
5. If the association has more than 150 units (and, post-HB 913, smaller thresholds may apply), confirm the website or mobile app is current with statutorily required disclosures.
6. Audit fining committee composition for eligibility under § 720.305-style standards as applied through § 718.303.
7. Review the most recent year-end financial reporting tier against the association’s revenue threshold (audit, review, or compilation requirement).
8. Schedule a counsel-led Chapter 718 briefing within 60 days of any legislative session ending in a year a major amendment passes.

Related CIC-SC Resources

• Florida SIRS — Structural Integrity Reserve Study Compliance Timeline
• Florida Condo Milestone Inspection Requirements — Compliance Guide
• Florida Chapter 718 — 2025 Legislative Amendments Summary (HB 913)
• Florida Director Conflict of Interest — §§ 718.3027 and 720.3033 Explained
• Florida Condominium Board Election Process Under § 718.112(2)(d)
• Florida HOA and Condo Dispute Resolution — DBPR and Arbitration
• HOA Hearing Rights — What Boards Must Provide Before Imposing a Fine
• Board Member Onboarding Toolkit

References & Sources

1. Common Interest Community Standards Council, Fundamentals of Association Management — chapter on Florida-Specific Governance and Compliance.
2. Florida Statutes Chapter 718 (2025 edition) — The Condominium Act.
3. Florida Statutes § 718.111 — Powers and duties of the association.
4. Florida Statutes § 718.112 — Bylaws, board meetings, member meetings, elections, budget, reserves, SIRS.
5. Florida Statutes § 718.115 and § 718.116 — Common expenses and assessments.
6. Florida Statutes § 718.128 — Electronic voting.
7. Florida Statutes § 718.301 — Developer turnover.
8. Florida Statutes § 718.303 — Enforcement, fines, suspensions, independent fining committee.
9. Florida Statutes § 718.3027 — Conflicts of interest.
10. Florida Statutes § 553.899 — Milestone inspection program.
11. Florida HB 913 (2025) — “Condo Law 3.0”; signed June 23, 2025; effective July 1, 2025.
12. Florida SB 4-D (2022) and SB 154 (2023) — predecessor reform legislation.
13. Florida Department of Business and Professional Regulation (DBPR), Division of Florida Condominiums, Timeshares, and Mobile Homes — published guidance, forms, and election monitoring program.

Tags: Florida Chapter 718 · Condominium Act · § 718.112 · director certification · 48-hour notice · SIRS · milestone inspection · HB 913 · independent fining committee · electronic voting

CICSC publishes this article for educational and informational purposes only. It is not legal, tax, accounting, engineering, insurance, or financial advice and does not establish an attorney-client relationship. Statutory references and operational frameworks are intended to support informed governance, not to substitute for advice from qualified legal counsel and other professional advisors familiar with your jurisdiction and your association's facts. CICSC, its authors, and its members assume no liability for actions taken in reliance on this content.