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Yes, for many associations. The thresholds differ depending on association type. For condominium associations, effective January 1, 2026, any association with 25 or more units (excluding timeshares) must maintain an official website or third-party portal. For homeowners associations, the requirement applied starting January 1, 2025, to associations with 100 or more parcels.

Both types of associations must maintain a public-facing domain and a password-protected portal for owners and employees, with login credentials provided to any owner upon written request. Required postings include governing documents, current rules, annual budgets, meeting notices and agendas, recent meeting minutes, active contracts, and active vendor bids. Condominium associations must also post SIRS reports and Milestone Inspection reports. New records must generally be posted within 30 days. Associations at or near these thresholds should have counsel confirm whether the requirement applies and what postings are required. This is general information about Florida law, not legal advice for a specific association.

Florida law now requires condominium associations to complete a structural integrity reserve study (SIRS) covering the roof, load-bearing walls and primary structural members, fireproofing and fire protection systems, plumbing, electrical systems, waterproofing and exterior painting, windows and exterior doors, and any other item with a deferred maintenance or replacement cost over the statutory threshold, which is $25,675 for 2026 and is adjusted each year for inflation.

Unlike the prior regime, for condominium associations, the prior ability to waive or reduce these reserves by a membership vote no longer applies. Associations that have historically passed reserve waiver votes must revise their reserve schedules and communicate the change to members. Boards should have counsel review their current reserve study and budget before the next fiscal year to confirm they are meeting the new mandatory funding requirements. This is general information about Florida law, not legal advice for a specific association.

A milestone structural inspection is a two-phase engineering assessment required for condominium buildings that are three stories or taller by the time they reach 30 years of age, measured from the date the original certificate of occupancy was issued. The automatic statewide 25-year trigger for coastal buildings has been removed, and local building officials now have discretion to require the inspection earlier, at 25 years, based on a building's proximity to salt water. Phase one is a visual inspection by a licensed engineer or architect. If phase one identifies structural concerns, phase two requires a more detailed assessment that may include destructive or nondestructive testing.

Once the report is complete, the association must distribute a summary to all unit owners within 45 days. Where a building is found to be unsafe, local authorities may issue a remediate or vacate order. Associations that have not yet initiated the inspection process should contact counsel to confirm their deadline and understand their obligations before the report is issued. This is general information about Florida law, not legal advice for a specific association.

The Marketable Record Title Act (MRTA) can extinguish recorded deed restrictions and covenants that are more than 30 years old unless the association takes timely steps to preserve them. Florida law provides a preservation procedure, but it requires affirmative action before the 30-year period runs.

Associations with governing documents recorded more than 25 years ago should have counsel review whether any covenants are at risk of extinguishment. Where they are, counsel can prepare and record a preservation notice before the deadline. Allowing covenants to lapse is difficult to reverse and can undermine the association's ability to enforce use restrictions that the community has relied on for decades. This is general information about Florida law, not legal advice for a specific association.

Yes. Florida law permits condominium associations to adopt an online voting system by board resolution. The system must authenticate voter identity, protect ballot secrecy, and provide digital receipts of each vote. Associations must also offer a paper ballot option to any member who requests one. Electronic voting cannot be the only method available.

Before adopting a system, the board should review the governing documents for provisions that conflict with an electronic voting policy. If the declaration or bylaws impose paper ballot requirements or specific procedural steps, an amendment may be needed before the system can be used for binding elections. Associations should test the system before any contested election cycle. This is general information about Florida law, not legal advice for a specific association.

Florida statutes require associations to follow specific procedural steps before a fine can be imposed: written notice to the violating owner, an opportunity to be heard before a separate fining committee, and approval by a committee composed of unit owners (not board members). Selective enforcement is a recognized defense to covenant violations, and a single instance of overlooking a violation can complicate future enforcement.

Boards that apply their rules consistently, document each enforcement action in writing, and follow the statutory hearing process are in a far stronger position if a fine is challenged. An enforcement program that skips any of these steps exposes the association to reversal of the fine and potential attorneys fee liability. Counsel review of an enforcement program before it is put into practice is considerably less costly than defending a challenge after the fact. This is general information about Florida law, not legal advice for a specific association.

Florida law provides directors of not-for-profit associations with a business judgment protection. A director who acts in good faith, in a manner reasonably believed to be in the association's best interest, and with the care a reasonably prudent person in a similar position would exercise, is generally protected from personal liability for association decisions, subject to the applicable Florida statutes. Directors lose this protection through self-dealing, fraud, or intentional misconduct.

D&O (directors and officers) insurance is an additional safeguard, and boards should confirm that their coverage is current and the limits are adequate before major expenditures, contested enforcement actions, or any situation where individual directors may face personal claims. Counsel can advise on documentation practices that support the business judgment defense. This is general information about Florida law, not legal advice for a specific association.

For condominium associations, yes. Florida law limits a condominium board member to eight consecutive years of service. The clock for counting consecutive years began July 1, 2018, so the 2026 election cycle is the first time a director can actually reach the eight-year limit, not a new law taking effect that day. A director who reaches the limit may not be reelected unless two-thirds of the votes cast in the election approve continued service, or there are not enough eligible candidates to fill the open seats.

This limit applies to condominium associations, not to HOAs, which can set term limits through their own governing documents but are not subject to the statutory cap. Condominium boards should review current director tenure now and plan for transitions before the next election. This is general information about Florida law, not legal advice for a specific association.

The board first votes to levy a proposed fine, then gives the owner at least 14 days written notice of a hearing. The hearing is held before an independent committee of at least three people who are not directors, officers, or employees, or the spouse, parent, child, or sibling of any of them. That committee can only confirm or reject the fine; it cannot change the amount. For condominiums, a fine can run up to $100 per day and is capped at $1,000 in total, and a fine cannot become a lien on the unit.

For HOAs, HB 1203 added owner protections in 2024: the same $100 per day and $1,000 aggregate cap (unless the recorded documents authorize more), a fine under $1,000 cannot become a lien, and if the owner cures the violation before the hearing no fine may be imposed. The HOA owner gets at least 30 days to pay after written notice of an approved fine, and the association cannot charge attorneys fees before that payment deadline. Skipping any of these steps can void the fine, so an enforcement program should be reviewed before it is put into practice. This is general information about Florida law, not legal advice for a specific association.

Transitioning counsel is straightforward when managed with a structured handoff. We coordinate directly with prior counsel to obtain all active files, pending deadlines, open contracts, and ongoing matters. Our process is built so that files transfer cleanly, active matters keep moving, and deadlines stay tracked.

Associations that are mid-dispute, mid-construction project, or mid-election cycle can make a change without disruption by allowing adequate lead time for the file transfer before any critical deadline. Boards considering a change should feel free to call us before making a formal decision. We can explain the transition process and answer questions about what the handoff looks like in practice.