Florida Condo Laws: Chapter 718, Section by Section

By Carlos Castellano · Current as of October 8, 2026

Chapter 718, Florida Statutes, is the Condominium Act (Section 718.101). Section 718.102 provides that “every condominium created and existing in this state shall be subject to the provisions of this chapter.” The chapter sets the rules a condominium board operates under. It covers how the board meets, which records it keeps and posts, and how it budgets and reports. It also covers how owners elect directors, how the common elements are maintained and changed, how fines are levied, and how control passes from the developer to the owners. This page goes through the chapter in the order a board uses it, gives each area a short summary with its section numbers, and links to the article that covers it in full. Citations are to the 2026 Florida Statutes.

Homeowners’ associations are governed by Chapter 720, which is summarized the same way in Florida HOA laws: Chapter 720, section by section.

How Chapter 718 works with your condominium documents

Section 718.111(2) sets the association’s powers and duties. They include those in Section 718.111 and, “except as expressly limited or restricted in this chapter, those set forth in the declaration and bylaws and part I of chapter 607 and chapter 617, as applicable.” Chapter 617 is the nonprofit corporation act, and Chapter 607 is the business corporation act. Section 718.112(1)(a) provides that the association is governed by its articles of incorporation and its bylaws, which are exhibits to the recorded declaration.

Section 718.112(2) lists provisions the bylaws must contain, and if they do not, “shall be deemed to include” them. Some of those rules apply only when the bylaws are silent, such as the quorum for owner meetings in Section 718.112(2)(b)1., which is a majority of the voting interests unless the bylaws set a lower number. Read the statute and the documents together. How the documents rank against each other is in declaration, articles, bylaws, rules: which one wins.

Directors and officers: Sections 718.111(1), 718.112(2), and 718.3027

Fiduciary duty. Section 718.111(1)(a) provides that “the officers and directors of the association have a fiduciary relationship to the unit owners.” Section 718.111(1)(d) requires them to act in good faith, with the care of an ordinarily prudent person in a like position, as Section 617.0830 requires. It makes them liable for monetary damages under Section 617.0834 when a breach is a criminal violation, a transaction that gave them an improper personal benefit, or reckless or bad-faith conduct. What that means for a director’s decisions is in fiduciary duty for Florida board members.

Education. Section 718.112(2)(d)5.b. requires each newly elected or appointed director of a residential condominium to give the secretary a written certification of having read the declaration, articles, bylaws, and current written policies, and a certificate of completing an approved curriculum at least 4 hours long covering milestone inspections, structural integrity reserve studies, elections, recordkeeping, financial literacy and transparency, levying of fines, and notice and meeting requirements. Both are due within 1 year before or 90 days after the election or appointment. Under Rule 61B-19.001(6), the certificate is valid for seven education years (July 1 to June 30) while the director serves without a break, and the director completes 1 hour of continuing education in each education year in which the course is not completed. The full section is in Florida Statute 718.112(2)(d), the steps in condo director certification requirements, and the annual hour in condo board continuing education.

Board size, officers, and pay. If the bylaws do not describe the form of administration, Section 718.112(2)(a)1. sets a board of five members, or not fewer than three in a not-for-profit condominium of five or fewer units, with a president, a secretary, and a treasurer. Unless the bylaws provide otherwise, officers and directors serve without compensation. What each officer does is in president, secretary, treasurer: who does what.

Terms. Section 718.112(2)(d)3. provides that a board member may not serve more than 8 consecutive years unless approved by two-thirds of all votes cast in the election, or unless there are not enough eligible candidates to fill the vacancies. See the condo board term limit.

Conflicts and kickbacks. Section 718.3027 requires directors, officers, and their relatives to disclose to the board any activity that may reasonably be construed to be a conflict of interest. A proposed conflicted contract must be listed on the meeting agenda with its documents attached, the Section 617.0832 disclosures go in the minutes, approval takes two-thirds of all other directors present, and the contract is disclosed at the next owner meeting, where a majority of the members present may cancel it. Under Section 718.111(1)(a), an officer, director, or manager who knowingly solicits, offers to accept, or accepts a kickback commits a third-degree felony and must be removed from office.

Removal and vacancies. Sections 718.111(1)(d) and 718.112(2)(q) require the removal of a director or officer charged by information or indictment with certain crimes, including forgery of a ballot envelope or voting certificate, theft or embezzlement of association funds, and destruction of or refusal to allow inspection of an official record. Under Section 718.112(2)(p), a director or officer more than 90 days delinquent in paying any monetary obligation to the association is deemed to have abandoned the office. Who may hold a seat is covered in who can serve on a Florida board, and filling an empty seat in filling a board vacancy.

Money controls. Section 718.111(11)(h) requires insurance or a fidelity bond for every person who controls or disburses association funds, including anyone authorized to sign checks and the president, secretary, and treasurer, covering the most the association or its management agent will hold at any one time. Section 718.111(14) requires association funds to be kept in the association’s name and allows reserve funds to be commingled with operating funds only for investment, with separate accounting. Section 718.111(15) prohibits paying any association expense with a debit card issued in the association’s name. Section 718.111(16) requires the board to use best efforts to make prudent investment decisions, and allows reserves to be placed in certificates of deposit or depository accounts at a bank, savings association, or credit union without an owner vote.

Owner inquiries. Under Section 718.112(2)(a)2., when an owner sends the board a written inquiry by certified mail, the board must respond in writing within 30 days, either with a substantive answer or with notice that it has asked for a legal opinion or for advice from the Division. A board that fails to give a substantive response cannot recover attorney fees and costs in later litigation, administrative proceedings, or arbitration arising out of the inquiry.

Board meetings and minutes: Sections 718.111(1)(b) and 718.112(2)(c)

Under Section 718.112(2)(c), the board of a residential condominium of more than 10 units meets at least once each quarter, and at least four times a year the agenda includes an opportunity for members to ask the board questions. A meeting at which a quorum of the board is present is open to all owners. Directors may communicate by email but may not vote on an association matter by email. Owners may record meetings and speak on all designated agenda items. Meetings with the association’s attorney about proposed or pending litigation, and meetings to discuss personnel matters, may be closed.

Notice of every board meeting must specifically identify the agenda items and be posted conspicuously on the condominium property at least 48 continuous hours ahead, except in an emergency. A meeting held by video conference is noticed with a hyperlink, a call-in number, and a physical address where owners can attend in person, and it must be recorded and kept as an official record. Notice of a meeting at which assessments will be considered must say so and give the estimated cost and purposes, and when a contract is up for approval, a copy goes with the notice or is made available. When 20 percent of the voting interests petition the board to address an item, the board places it on an agenda within 60 days.

Under Section 718.111(1)(b), directors may not vote by proxy or by secret ballot, except that officers may be elected by secret ballot, and the minutes record each director’s vote or abstention. A director present at a meeting is presumed to have assented to an action unless the director votes against it or abstains. The full notice rules are in Florida board meeting notice requirements.

Official records and the website: Section 718.111(12)

Section 718.111(12)(a) lists the official records. Under Section 718.111(12)(b), the founding documents in subparagraphs 1. through 6. are kept permanently, bids are kept at least 1 year, and all other official records are kept within the state for at least 7 years. The records must be made available to an owner within 10 working days after the board or its designee receives a written request, and under Section 718.111(12)(c), missing that deadline creates a rebuttable presumption that the association willfully failed to comply. The steps are in a member asked to see the records, and the secretary’s part in the board secretary’s job.

Section 718.111(12)(g) requires an association managing a condominium of 25 or more units to post specified documents on a website or mobile application, generally within 30 days after it receives or creates them. The list and the redaction rules are in the association records website.

Budgets, reserves, inspections, and financial reports

The budget. Under Section 718.112(2)(e), the board delivers notice of the budget meeting and a copy of the proposed budget to each owner at least 14 days before the meeting. When a proposed budget requires assessments of more than 115 percent of the prior year’s, the board also proposes a substitute budget without discretionary expenditures, which the owners may adopt by a majority of all voting interests. Under Section 718.112(2)(f), the board adopts the annual budget at least 14 days before the fiscal year starts. The budget includes reserve accounts for roof replacement, building painting, pavement resurfacing, and any other item with a deferred maintenance expense or replacement cost over $25,000 or the Division’s inflation-adjusted amount, whichever is greater. See adopting the annual budget.

Structural studies and inspections. Section 718.112(2)(g) requires a structural integrity reserve study at least every 10 years for each building three habitable stories or higher. Under Section 718.112(2)(h), the association arranges any milestone inspection Section 553.899 requires, and officers and directors who willfully and knowingly fail to have one performed breach their fiduciary relationship to the owners. Within 14 days after written notice from the local enforcement agency that an inspection is required, the association notifies the owners. See milestone inspections and SIRS explained.

The financial report. Section 718.111(13) requires a financial report for the preceding fiscal year within 90 days after the fiscal year ends, or on the date the bylaws provide, delivered to owners within 21 days after it is completed and no later than 180 days after the fiscal year ends. See the annual financial report.

Assessments. Section 718.111(4) gives the association the power to make and collect assessments, and Section 718.112(2)(i) requires assessments at least quarterly. Section 718.115 defines common expenses, which include insurance for directors and officers. How a board levies a special assessment is in special assessments. The association’s lien for unpaid assessments and estoppel certificates are in Section 718.116.

Contracts and bids. Section 718.3026 requires contracts for materials, equipment, and services to be in writing. When a contract requires payment of more than 5 percent of the total annual budget, including reserves, the association obtains competitive bids, and it is not required to accept the lowest bid. Contracts with employees and for attorney, accountant, architect, community association manager, engineering, and landscape architect services are exempt, and an association of 10 or fewer units may opt out by a two-thirds vote of the owners. Under Section 718.111(3)(g), the board has a duty to make sure a manager or management firm is properly licensed before contracting with it.

Insurance. Section 718.111(11) requires every residential condominium association to carry adequate property insurance, which may be based on replacement cost determined by an independent insurance appraisal at least once every 3 years. An association controlled by the owners uses its best efforts to obtain and maintain that coverage, and the board sets the deductibles at a meeting noticed like a budget meeting.

The 2025 changes to these duties are summarized in the 2025 condo law action list.

Owner meetings, elections, and amendments

Under Section 718.112(2)(b)1., the quorum at an owner meeting is a majority of the voting interests unless the bylaws set a lower number, and decisions are made by a majority of the voting interests represented at a meeting with a quorum unless the chapter or the documents provide otherwise. Owners in a residential condominium vote by limited proxy, not general proxy, on the matters Section 718.112(2)(b)2. lists, and proxies may not be used to elect directors. Under Section 718.112(2)(d), the annual meeting notice includes an agenda and is delivered to each owner and posted on the property at least 14 days ahead. Owner meetings may be held by video conference, and when the annual meeting is, a quorum of the board must be physically present at the meeting location.

Elections. Section 718.112(2)(d)5. requires directors of a residential condominium to be elected by written ballot or voting machine, with a first notice at least 60 days before the election, and an election challenge must be started within 60 days after the results are announced. See how Florida condo board elections work. Section 718.128 allows elections and other owner votes through an online voting system once the board adopts it by resolution and an owner consents, and if at least 25 percent of the voting interests petition for it, the board meets within 21 days to adopt the resolution. An association without online voting designates an email address for electronically transmitted ballots.

Recall. Under Section 718.112(2)(l), any director may be recalled with or without cause by a majority of all the voting interests, at a meeting or by written agreement. Ten percent of the voting interests may call a special meeting for a recall, and notice of that meeting may not be given by electronic transmission.

Amending the declaration. Under Section 718.110(1)(a), a declaration that has no amendment method may be amended by the owners of at least two-thirds of the units, and a declaration recorded after April 1, 1992, may not require more than four-fifths of the voting interests for most amendments. A proposed amendment shows the full text with new words underlined and deleted words lined through. An amendment is evidenced by a certificate of the association and is effective when recorded in the county where the declaration is recorded (Section 718.110(2) and (3)). Under Section 718.110(4)(a), changing a unit’s size, its appurtenances, or its share of the common expenses takes the joinder of that unit’s owner and lienholders and the approval of all other owners, unless the declaration as originally recorded provides otherwise. Under Section 718.110(13), an amendment that prohibits or limits rentals applies only to owners who consent to it and to owners who take title after it takes effect.

Amending the bylaws. Under Section 718.112(2)(j), bylaws that do not state an amendment method may be amended by two-thirds of the voting interests, and under Section 718.112(1)(b), a bylaw amendment is not valid until it is recorded.

Common elements, maintenance, and alterations: Sections 718.108 to 718.113

Section 718.108 defines the common elements, which include the condominium property outside the units and the utility and support easements through them. Under Section 718.113(1), the association maintains the common elements, except for limited common elements the declaration assigns to owners. Under Section 718.111(5), the association has an irrevocable right of access to each unit during reasonable hours when necessary for maintenance, repair, or replacement.

Material alterations. Section 718.113(2)(a) provides that a material alteration or substantial addition to the common elements or to association real property is approved in the manner the declaration provides. If the declaration does not specify a procedure, 75 percent of the total voting interests must approve it before the work begins. Under Section 718.111(7)(a), the association acquires, conveys, leases, or mortgages association real property in the manner the declaration provides, or with approval of 75 percent of the total voting interests if the declaration is silent.

Owner rights the board applies. Section 718.113 allows an owner to display a United States flag and, on listed holidays, an official armed forces flag (subsection (4)), requires the board to adopt hurricane protection specifications and to approve an owner’s installation that meets them (subsection (5)), protects a small religious object on the door frame (subsection (6)), and sets the conditions for an owner’s electric vehicle charging station (subsection (8)). Section 718.123 protects owners’ right to peaceably assemble in the common areas.

Fines and suspensions: Section 718.303

Section 718.303(1) provides that each owner, tenant, invitee, and the association are governed by and must comply with the chapter, the declaration, the association’s documents, and the bylaws. Under Section 718.303(3), the association may levy reasonable fines for a violation of the declaration, bylaws, or reasonable rules. A fine may not exceed $100 per violation or $1,000 in the aggregate, and a fine may not become a lien against a unit.

A fine or a suspension of the use of common elements requires at least 14 days’ written notice and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees, or their close relatives. The committee confirms or rejects the fine by majority vote, and an approved fine is due 5 days after notice of it. Under Section 718.303(4), the association may suspend the use of common elements when an owner is more than 90 days delinquent, without the hearing. Under Section 718.303(5), it may suspend voting rights for an obligation of more than $1,000 that is more than 90 days delinquent, after giving proof of the obligation 30 days ahead. Both kinds of suspension are approved at a properly noticed board meeting. The HOA rules are in how to levy an HOA fine.

Turnover from the developer: Sections 718.301 and 718.302

Under Section 718.301(1), when owners other than the developer own 15 percent or more of the units, they elect at least one-third of the board. They elect at least a majority on the first of several events, including 3 years after 50 percent of the units have been conveyed and 3 months after 90 percent have been conveyed. Section 718.302 requires contracts made before turnover for operation, maintenance, or management to be fair and reasonable, and lets the owners cancel them. See developer turnover.

Disputes, the Division, receivership, and emergencies

The Division. The Division of Florida Condominiums, Timeshares, and Mobile Homes enforces Chapter 718 under Section 718.501. After turnover, Section 718.501(1)(a) limits its investigations to listed subjects, including financial reporting, assessments, fines, commingling, debit cards, the budget and reserves, elections and recall, official records, meeting procedures, conflict disclosures, the removal of directors and officers, and structural integrity reserve studies and milestone inspections. Section 718.5011 creates the Office of the Condominium Ombudsman within the Division. What happens when a director never certifies is in what happens if a board member never certifies.

Disputes. Section 718.1255 has the Division conduct nonbinding arbitration of defined disputes, including disputes over the board’s authority to require an owner to act or to alter a common element, and over the failure to properly conduct elections, give notice of meetings, conduct meetings, or allow inspection of the records. A party may use presuit mediation under Section 720.311 instead, except that election and recall disputes must be arbitrated by the Division or filed in court. Effective July 1, 2027, disputes over a board’s failure to obtain a milestone inspection or a structural integrity reserve study, to fund the reserves the study identifies, or to make the repairs either one recommends are added to the section and go to presuit mediation.

Receivership. Under Section 718.1124, if the association fails to fill enough board vacancies to make a quorum, any owner may give notice and petition the circuit court to appoint a receiver. Section 718.127 requires a court-appointed receiver to notify all owners within 10 days.

Emergency powers. Section 718.1265 gives the board additional powers after a state of emergency is declared under Section 252.36 for the area, unless the declaration, articles, or bylaws specifically prohibit them. They include holding meetings and elections by telephone or video with practicable notice, naming assistant officers who are not directors, and levying special assessments without an owner vote. Under Section 718.1265(2), the powers last only as long as reasonably necessary to protect health, safety, and welfare, mitigate further damage, and make emergency repairs. The special assessment power is covered in special assessments.

Sales, special condominiums, and the rest of the chapter

Under Section 718.503(2), an owner selling a unit gives the buyer, at the seller’s expense, current copies of the declaration and the other documents that subsection lists. Part II of the chapter covers developer deposits and warranties. Part IV covers leaseholds, phase condominiums, mixed-use condominiums, and multicondominium associations. Part V covers the Division and the developer’s disclosures before sale. Part VI covers conversions of existing buildings to condominium, and Part VII covers distressed condominium relief. Termination of a condominium is in Section 718.117.

The legislature amends Chapter 718 most sessions, with changes usually effective July 1. Recent changes are tracked in Florida HOA and condo law changes.