State Governance Portal

Florida HOA & CIC
Governance

Educational governance frameworks for volunteer board members of Florida homeowners associations and condominium communities — including post-Surfside reserve and inspection requirements.

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Educational Notice: This information is educational in nature and should not be construed as legal advice. Consult qualified association counsel regarding legal interpretation specific to your jurisdiction.

Statutory Framework

Florida Governance Law

Florida community associations operate under two primary statutes — one for homeowners associations and one for condominiums — both significantly updated in recent years.

Chapter 720HOA

Florida Homeowners' Association Act

Governs homeowners associations in Florida. Establishes board authority, open-meeting requirements, record-inspection rights, budget processes, election procedures, and enforcement. Among the most detailed HOA statutes in the country.

Primary Florida HOA governance statute

Chapter 718Condominium

Florida Condominium Act

Governs condominium associations in Florida. More prescriptive than HOA law, with extensive requirements for elections, financial reporting, reserves, building inspections, and operational standards. Significantly amended post-Surfside (2022, 2023).

Primary Florida condo statute — significantly strengthened post-2022

SB 4D / HB 1029Condominium

Structural Integrity & Reserve Reform

2022 legislation requiring milestone building inspections for condominiums 3+ stories, Structural Integrity Reserve Studies (SIRS), and mandatory reserve funding for certain structural components. Major compliance obligations for Florida condo boards.

Post-Surfside safety and reserve reform (2022–2026 phase-in)

Statutory text available at leg.state.fl.us. This information is educational in nature and should not be construed as legal advice. Consult qualified association counsel regarding legal interpretation specific to your jurisdiction.

Governance Topics

Key Areas for Florida Boards

Educational summaries of the governance areas Florida community association board members encounter most frequently.

Board Authority & Fiduciary Duty

Florida board members owe fiduciary duties — duty of care, duty of loyalty
Florida law generally requires newly elected condominium directors to certify within 90 days or complete an approved educational course
Chapter 720 HOA directors are also subject to board certification requirements
Directors who vote in favor of an improper action may face fiduciary scrutiny that commonly applies in this area — consult counsel
Conflicts of interest are generally required to be disclosed — affected directors typically recuse from the vote
The business judgment rule protects good-faith decisions made with reasonable inquiry

Open Meetings

Florida HOA (Ch. 720) and condo (Ch. 718) board meetings are generally required to be open to all members
Proper notice is typically posted at least 48 hours in advance for board meetings
Annual meetings generally require at least 14 days advance notice (mailed or delivered)
Members are generally entitled to speak at meetings (subject to reasonable rules of decorum)
Executive session is permitted for specific topics: attorney-client communications, personnel matters, pending litigation
Budget meetings have specific notice and posting requirements under both chapters

Elections & Voting

Florida condominium elections (Ch. 718) are among the most regulated in the country
Condo elections typically require inner envelope/outer envelope ballot procedures
Candidates generally submit written notice of candidacy within a specified period before the election
Coowners of a unit generally may not both serve on the board simultaneously
HOA elections under Chapter 720 have procedural requirements that may differ from condominium rules
Proxy voting is generally permitted in HOAs; condominium elections typically require in-person or mail-in ballots
Election disputes are common — careful procedural compliance is typically important

Records Access

Florida has extensive record-inspection rights for association members under both Ch. 718 and Ch. 720
Florida statute generally provides for member inspection of official records within 10 business days of a written request (Ch. 718) — exact scope and any exceptions vary by document type
Records typically maintained include: governing documents, financial records, meeting minutes, contracts, insurance policies
Associations that willfully fail to permit record inspection may be subject to damages and attorney's fees
Certain records are protected from inspection: attorney-client communications, personnel records, information protected by privacy law
Electronic records and the right to obtain copies are addressed in both statutes

Enforcement

Florida law generally requires associations to provide written notice before imposing fines
Members are generally entitled to a hearing before a committee of non-board members
Fines generally must comply with the amounts and procedures established in the governing documents and statute
Associations may lien and foreclose for unpaid assessments following required notice procedures
Florida places restrictions on when associations may foreclose for fines alone
Consistent enforcement is typically important — selective enforcement is a recognized defense
Pre-lien letters and demand procedures are typically followed precisely

Reserve Funding

Florida HOA Chapter 720 generally requires reserves for certain components — confirm scope and current text with counsel
Members may vote to waive or reduce reserves — but this creates financial risk
Post-Surfside: Florida condo associations subject to SB 4-D are generally required to fund SIRS (Structural Integrity Reserve Study) items at the recommended level for in-scope structural components; confirm scope and current waiver authority with counsel
The SIRS requirement affects condominiums 3+ stories; phase-in deadlines apply (consult counsel for your specific situation)
Milestone inspections are required at 25 years (or 30 years for buildings > 3 miles from saltwater) and every 10 years thereafter
Underfunded reserves create exposure that fiduciary scrutiny commonly addresses; boards typically discuss this with counsel

Important: Post-Surfside reserve and inspection requirements represent major operational changes for Florida condo boards. Consult qualified association counsel and a licensed structural engineer for compliance guidance.

Insurance

Florida condominium law has specific insurance requirements including property coverage for the condominium property
HOA insurance requirements are typically governed by the declaration and governing documents
Directors and Officers (D&O) insurance protects board members acting in good faith within their authority
Florida's property insurance market has significant volatility — boards typically review annually and plan for premium increases
Fidelity/crime insurance is strongly recommended for associations managing significant reserve funds
Insurance certificate requirements for owners and tenants should be part of a board's standard procedures
Consult a licensed insurance professional — CICSC does not provide insurance advice

Vendor & Procurement

Florida law places restrictions on certain management contract provisions
Competitive bidding is generally required for certain contract types and dollar thresholds under Chapter 718
Management company conflicts of interest are generally required to be disclosed
Board members owe a duty of care in vendor selection — boards typically document the selection process
Review all contracts carefully — automatic renewal clauses and termination restrictions are common
Vendor certificates of insurance should be maintained in association files

This information is educational in nature and should not be construed as legal advice. Consult qualified association counsel regarding legal interpretation specific to your jurisdiction.

Resources

Governance Standards & Templates

Download CICSC governance standards and templates applicable to Florida boards.

Board Roles and Fiduciary Duties (GOV-001)Meeting Procedures & Parliamentary Rules (GOV-002)Executive Session Standards (GOV-003)Conflict of Interest Policy Framework (GOV-004)Reserve Fund Adequacy Standard (FIN-001)Financial Reporting & Board Oversight (FIN-002)Board Meeting Agenda Template Insurance Renewal Checklist (Quick Reference)Five Financial Questions Every Board Should Ask New Director First 30 Days (Quick Reference)

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