If a Florida condominium board fails to complete a Structural Integrity Reserve Study (SIRS) by the statutory deadline, it is considered a breach of their fiduciary duty. 🛡️

Because the law now treats these studies as essential for life safety, the consequences are much more severe than missing a routine maintenance check.

1. Personal Liability for Board Members ⚖️

Under Florida Statute 718.112, a director’s failure to comply with the SIRS requirements is considered a “breach of the officer’s and director’s fiduciary duty to the unit owners.”

• This can potentially expose individual board members to personal liability in lawsuits brought by owners.

• It may also affect the association’s Directors and Officers (D&O) Insurance coverage, as many policies won’t cover “willful non-compliance” with state laws.

2. State Enforcement and Fines 🏛️

The Division of Florida Condominiums, Timeshares, and Mobile Homes (under the DBPR) has the authority to:

• Issue subpoenas and conduct investigations.

• Impose civil penalties and fines against the association.

• Monitor the association more closely, which often leads to more administrative headaches for the board.

3. Real Estate and Insurance Fallout 📉

Beyond the legal penalties, the “market” often punishes non-compliant buildings:

• Lending: Banks may refuse to issue mortgages for units in buildings that haven’t completed their mandatory safety studies, making it nearly impossible for owners to sell. 🏦

• Insurance: Carriers are increasingly asking for SIRS and Milestone reports. If a building can’t provide them, the insurance company may cancel the policy or skyrocket the premiums.

The “No-Waive” Rule 🚫

For any budget adopted on or after December 31, 2024, members of a unit-owner-controlled association may not vote to waive or reduce the funding of reserves for the items listed in a Structural Integrity Reserve Study (SIRS).

This means that for the critical components we discussed—like the roof, load-bearing walls, and fire protection systems—the board is legally required to fund those reserves at the levels recommended by the study. The “majority vote” of the owners can no longer override this requirement for these specific safety-related items.

Where You Can Still Vote 🗳️

Owners still have the power to waive or reduce reserves for items not included in the SIRS list.

To determine if a building counts as three habitable stories (and thus requires a SIRS), we look at how the Florida Building Code defines “habitable.”

Generally, a story is considered habitable if it is designed for living, sleeping, eating, or cooking. However, the interpretation of non-living spaces can be tricky:

• Parking Garages 🚗: Usually, if a garage is strictly for parking and has no other “habitable” use, it does not count as a story toward the three-story threshold.

• Basements: If a basement is used for mechanical equipment or storage, it typically isn’t counted. But if it contains an office, a gym, or a lobby, it might be.

• Mezzanines: These are intermediate levels between floors. If a mezzanine is large enough (typically more than one-third of the floor area below it), it may be counted as a separate story.

Because these definitions can affect whether an association must spend thousands of dollars on a study, boards often hire a professional to provide a formal “Story Count Determination.”

Every 10 years.

The SIRS is much stricter than a traditional reserve study because it focuses only on the “skeleton” and critical safety systems of the building. The law requires a professional (like an engineer or architect) to inspect eight specific areas:

1. Roof 🏠

2. Load-bearing walls and primary structural members

3. Floor and foundations

4. Fireproofing and fire protection systems 🧯

5. Plumbing

6. Electrical systems ⚡

7. Waterproofing and exterior painting

8. Windows and exterior doors

Important 2026 Deadlines 📅

Because you are looking at this in 2026, it’s important to know where the timeline stands:

• Initial Completion: Most associations were required to have their first SIRS completed by December 31, 2024 or 2025 (depending on certain extensions).

• Funding Requirement: Starting with any budget adopted on or after December 31, 2024, associations can no longer vote to waive or reduce reserves for these eight specific items. They must be fully funded.

• The 10-Year Cycle: Once the first study is done, it must be updated at least every 10 years.

The requirement is based on the age of the building:

• The 30-Year Mark: Generally, buildings that reach 30 years of age must have their first inspection.

• Coastal Exception: If the building is within three miles of the coastline, the threshold was originally 25 years, though recent legislative updates have given local officials some flexibility to stick to the 30-year rule depending on local conditions. 🌊

• Ongoing Cycle: Once the initial inspection is done, it must be repeated every 10 years.

The Two Phases of the Inspection

1. Phase 1 (Visual): An engineer performs a visual examination of major structural components. If they find no signs of “substantial structural deterioration,” the process ends there. ✅

2. Phase 2 (Testing): If the engineer does find issues in Phase 1, the association must move to Phase 2. This involves more intense “destructive” testing (like look-behind walls or scanning concrete) to determine if the building is actually at risk. 🔨

The Milestone Inspection is a structural safety requirement created in the wake of the Surfside building collapse. While the SIRS (Structural Integrity Reserve Study) we discussed focuses on the money needed for future repairs, the Milestone Inspection is a physical “health checkup” for the building’s structure. 🏗️

Under Florida Statute 718.50141, this is a mandatory two-phase process performed by a licensed engineer or architect to ensure the building is still life-safety sound.

It’s a Structural Integrity Reserve Study. As of 2025/2026, buildings 3 stories or higher must have these to ensure there’s enough money in the bank to keep the roof from leaking and the walls from crumbling.

Under Florida law, the requirement for a Structural Integrity Reserve Study (SIRS) is based primarily on the building’s height and its use. 🏢

According to Florida Statute 718.112, this study is mandatory for:

• Residential Condominiums and Cooperatives: The law applies specifically to residential associations.

• Three Stories or Higher: The building must be at least three “habitable” stories in height, as determined by the Florida Building Code. 📐

The law requires a professional (like an engineer or architect) to inspect eight specific areas:

Yes. Unit owners have the right to use a portable device (like a phone or tablet) to scan or take photographs of the records at no charge.

Yes, an authorized representative of a unit owner has the same inspection rights as the owner.

No. The association may not charge for the personnel time required for the inspection.

Official records must be made available for inspection within 10 working days after the board or its designee receives a written request. Failure to comply creates a rebuttable presumption that the association willfully failed to comply, potentially entitling the owner to damages.

The records must be made available to a unit owner within 10 working days after receipt of a written request.

Associations with 25 or more units are required to post digital copies of specific official records (like the declaration and annual budget) on a secure website or app.

The association may be liable for actual damages or statutory damages of $50 per calendar day (up to 10 days, totaling $500).

They must be maintained within the state of Florida and be available for inspection within 45 miles of the condominium property or within the county where the condominium is located.

Yes. Ballots, sign in sheets, boating proxies, and all other papers relating to boating by unit owners must be maintained for 1 year from the date of the election or vote.

Yes. Summaries of bids for materials, equipment, or services must be maintained for 1 year.

No. Any medical records of unit owners or residents are strictly confidential.

No. Records prepared by an association attorney (or at their direction) that reflect “mental impressions” or strategy regarding litigation are exempt until the litigation is concluded.

Yes. You generally cannot access attorney-client privileged info, personnel records of employees, or the personal medical information of other owners.

Only if the unit owner has consented in writing to receive notices by electronic transmission. If an owner has not consented, their email address is protected and must be redacted before the roster is shared with third parties or other unit owners.

Generally, no. Personnel records—including health, insurance, and disciplinary records—are confidential (except for written employment agreements or salary info).

Yes. Unit owners have the right to use a portable device (like a phone or tablet) to scan or take photographs of the records at no charge.

Yes, an authorized representative of a unit owner has the same inspection rights as the owner.

No. The association may not charge for the personnel time required for the inspection.

Non-material errors generally do not invalidate a properly promulgated amendment.

Only if the owner has consented in writing to receive notices by email. If they haven’t consented, their email address is private.

Generally no; they require a vote of the unit owners unless the bylaws specifically grant the board that power.

Yes. You have the right to use a portable device (phone, tablet, scanner) to make copies for free. The Association can only charge you if they are the ones making the copies.

They can charge for copies (at a reasonable rate), but they cannot charge you just to look at them. You also have the right to use your phone to “scan” records for free.

Yes, the association must be a Florida not-for-profit corporation.

Yes. When an association produces records for inspection, they must simultaneously provide the requestor with a checklist identifying all records provided and specifically noting any requested records that were not provided.

Yes, a certified copy of the permits, plans, and specifications used in the construction or improvement of the condominium must be maintained.

Since 2025, the law requires the Association to provide you with a checklist of what records were provided and what was missing when you make a formal request. in addition, they have to make a good faith effort to try to locate missing records and notate that effort on the checklist. It’s a great “paper trail” for both sides!

Official records must be made available for inspection within 10 working days after the board or its designee receives a written request. Failure to comply creates a rebuttable presumption that the association willfully failed to comply, potentially entitling the owner to damages.

The records must be made available to a unit owner within 10 working days after receipt of a written request.

These are permanent records and must be kept from the inception of the association.

Financial and accounting records must be maintained for at least 7 years.

Minutes must be kept permanently. Most other records (like tax returns and contracts) have a 7-year retention rule.

New text must be underlined, and deleted text must be stricken through.

No. This information is considered protected and must be redacted from records before inspection.

Yes. It must include names, unit identifications, mailing addresses, and, if provided by the owner to receive notice, email addresses and fax numbers.

Associations with 25 or more units are required to post digital copies of specific official records (like the declaration and annual budget) on a secure website or app.

If the association fails to provide records within 10 working days, a unit owner may be entitled to actual damages or minimum damages. Minimum damages are $50 per calendar day for up to 10 days, starting on the 11th working day.

The board has a “good faith” legal obligation to recover or obtain those records if they are lost or destroyed. Intentionally destroying or defacing accounting records is now a criminal offense under Florida law.

There is a “good faith” obligation to recover them. Knowingly destroying accounting records to hide evidence is now a criminal offense in Florida.

It is not valid until it is recorded in the public records of Palm Beach County..

Capitalized and bolded text at least as large as the surrounding text (minimum 10pt).

If you submit a written request to inspect records, the Association must provide access within 10 working days. If they fail, you could be entitled to $50 per day in damages (up to $500).

If you make a written request to inspect records, the Association must make them available within 10 working days.

Minutes of all meetings of the Association, the Board of Administration, and the unit owners must be kept for at least 7 years.

If a director willfully refuses to release records to hide a crime, it’s a felony. Florida has gotten very serious about transparency in 2026.

The association may be liable for actual damages or statutory damages of $50 per calendar day (up to 10 days, totaling $500).

When a unit owner files a written inquiry by certified mail, the board must respond in writing within 30 days of receipt. The response must either give a substantive answer, notify the owner that a legal opinion has been requested, or notify the owner that advice has been requested from the Division of Condominiums.

If the bylaws are silent, they may be amended by a vote of two-thirds of the voting interests.

Florida law recently underwent significant changes regarding transparency and digital access. Whether your association is legally required to maintain a website depends primarily on its size and type.

Condominiums: Mandatory for associations with 25 or more units

These websites must include a “protected” section that is inaccessible to the general public and only open to unit owners and employees of the association.

The requirements for an association website act as a digital “official records” library. Florida law (Statutes 718 and 720) dictates that while many records must be maintained for 7 years, only specific subsets must be posted to the website for owner access. 📁

Critical Exceptions (What CANNOT be posted) 🔒

To protect privacy and legal strategy, the following records are strictly excluded from the website even if they are “official records”:

• Attorney-Client Privilege: Any documents related to ongoing or potential litigation ⚖️.

• Personnel Records: Social security numbers, medical records, or payroll info for employees 🚫.

• Owner Privacy: Personal emails and phone numbers (unless the owner specifically consented to their use for official notice) 👤.

• Unit/Parcel Details: Unit owner credit card numbers or sensitive financial account data.

Here is a breakdown of the core records required for the digital portal:

Digital Record Requirements 📋

A copy of all current insurance policies (or certificates) must be kept.

The primary Florida Statutes governing the requirement for associations to maintain official records on a website or mobile application are found in Chapter 718 (The Condominium Act) and Chapter 720 (The Homeowners’ Association Act).

​Below is the specific legal framework and the URLs to the official 2025 Florida Statutes:

​I. Condominium Associations (Chapter 718)

​As of January 1, 2026, all condominium associations with 25 or more units (excluding timeshares) are required to maintain a website or mobile application containing specific official records.

​Statute Section: Section 718.111(12)(g), Florida Statutes

​Key Requirements:

​The website must be password-protected and inaccessible to the general public.

​The association must provide unit owners with a username and password upon request.

​Mandatory Documents Include:

​The recorded Declaration of Condominium and all amendments.

​The Articles of Incorporation and Bylaws.

​Current Rules and Regulations.

​Management agreements and any other contracts to which the association is a party.

​The annual budget and any proposed budgets.

​Financial reports and the most recent financial statement.

​Board meeting notices and agendas (posted at least 48 hours in advance).

​Member meeting notices and agendas (posted at least 14 days in advance).

​III. Comparison & Analogies

​To better understand the scope of these requirements, consider the following analogies:

​The “Digital File Cabinet” Analogy:

Just as a physical office must keep records in a locked cabinet accessible to authorized personnel, the statute mandates a “Digital File Cabinet.” The website serves as the cabinet, and the password-protected portal acts as the lock, ensuring that while transparency is maintained for owners, private association business remains shielded from the general public.

​The “Notice Board” Analogy:

Posting an agenda on the website is legally equivalent to pinning a physical notice to a community bulletin board. The statute simply modernizes this requirement to ensure that “notice” is truly accessible to owners who may not be physically present at the property.

​

At a minimum, they must be recorded as exhibits to the declaration in the public records of Palm Beach County. They should also be maintained by the Association. Each owner should also have a copy.

They must be maintained within the state of Florida and be available for inspection within 45 miles of the condominium property or within the county where the condominium is located.

Yes, all meetings at which a quorum is present are open to unit owners.

Yes. Meetings may be closed only to discuss personnel matters or to meet with the association’s attorney regarding proposed or pending litigation.

Generally, no. A meeting of the board occurs whenever a quorum of directors gathers to conduct association business, regardless of whether a formal vote is taken.

Yes, as of 2025, board meetings can be entirely virtual.

Because so many owners and Board members express frustration with bully board members,  I’m going to give you the exact steps to recall a board member.

Under Florida Statute § 718.112(2)(j), any board member can be recalled and removed from office—with or without cause—by a vote or written agreement of a majority of all voting interests in the association.
The process is strictly regulated to ensure fairness and transparency. Here is a breakdown of how a recall is initiated and executed as of 2026.
1. The Two Primary Methods
Owners generally choose between two paths to achieve a recall:
A. Written Recall Agreement (Most Common)
Owners sign individual “ballots” (written agreements) indicating which board members they wish to recall.
* The Threshold: You must collect signatures representing a majority (50% + 1) of the total voting interests.
* The Representative: Owners must designate a “Unit Owner Representative” to handle the service of the papers and communicate with the board.
* Service: Once collected, the agreement must be served on the board by certified mail or personal service (process server).
B. Vote at a Special Meeting
Owners can call a special meeting specifically for the purpose of a recall.
* Notice: At least 10% of the voting interests must sign a notice for a special meeting.
* Restriction: Electronic notice (email) is not permitted for recall meetings; notice must be mailed, hand-delivered, or posted.
* The Vote: A majority of all voting interests (not just those present at the meeting) must vote in favor of the recall.
2. The Board’s Mandatory Response
Once the board is served with a written agreement or once a recall meeting is adjourned, the “5-Day Rule” begins.
* Certification Meeting: The board must hold a duly noticed meeting within 5 full business days to determine if the recall is “facially valid.”
* Certification (Approval): If the board certifies the recall, the board member is removed immediately.
* Non-Certification (Rejection): If the board believes the recall is invalid (e.g., signatures are missing or the majority wasn’t reached), they must file a petition for arbitration with the Division of Florida Condominiums, Timeshares, and Mobile Homes within 5 full business days after the meeting.
* Failure to Act: If the board fails to hold a meeting within the 5-day window, the recall is often deemed effective by law.
3. Post-Recall Requirements
If a board member is successfully recalled, the following rules apply:
* Records Turnover: The recalled member must hand over all association records and property in their possession to the board within 10 full business days.
* Filling the Vacancy: * If less than a majority of the board is recalled, the remaining board members usually fill the vacancy.
* If a majority or more of the board is recalled, a new election is typically held simultaneously (if done by meeting) or organized shortly thereafter.
4. 2026 Legal Context
Under the latest transparency updates (effective January 2026), all recall-related records—including ballots and meeting minutes—must be maintained as official records and, for associations of 25+ units, must eventually be accessible via the association’s secure web portal. Failure to provide these records for inspection can now carry stricter civil and, in some cases of willful destruction, criminal penalties.
> Note: Because the board has a high bar for “facial validity,” it is often recommended to collect 5–10% more signatures than the bare majority to account for potential disqualifications (such as owners not having a valid voting certificate on file).

No. Casting a vote on association matters via email is strictly prohibited.

Yes. You have a statutory right to tape or video record meetings, provided you aren’t being disruptive. In 2026, if the Board meets via Zoom, they are required to keep that recording as an official record for a year.

Absolutely. You have the right to speak on any designated agenda item. The Board can set “reasonable” time rules governing the frequency and duration of such statements, (usually 3 minutes), but they can’t mute you entirely.

Yes, if the owner has consented in writing to receive electronic notices.

Generally no, unless it is an emergency. Board can add an agenda item as a “catch all” item to allow questions to be asked on items that may not be on the agenda.

Yes, board members participating via real-time electronic communication count toward the quorum.

Unless the bylaws say otherwise, the remaining board members may appoint a replacement to fill the vacancy for the unexpired portion of the term.

Two. The first notice must be sent at least 60 days before the election, and the second notice (with the ballot) must be sent at least 14 days before.

At least 48 hours. The Board must post a clear agenda conspicuously on the property. If they’re discussing special assessments or rule changes, you get a 14-day heads-up via mail or digital delivery.

Written notice must be provided at least 14 days in advance.

For associations with more than 10 units, the Board must meet at least once per quarter.

No. An election is valid as long as at least 20 percent of the eligible voters cast a ballot.

Yes; at least four times a year, the agenda must allow members to ask questions of the board.

Yes. A board member may not serve more than 8 consecutive years unless approved by a vote of two-thirds of all votes cast or if there are not enough eligible candidates to fill vacancies.

Yes; if conducted via video conference, it must be recorded and maintained as an official record.

Yes, in a conspicuous place at least 14 continuous days prior.

Unless the bylaws provide for a lower number, a quorum consists of a majority of the total voting interests.

The meeting may be adjourned and rescheduled.

Unless the bylaws provide for a lower number, a quorum at a meeting of the unit owners consists of persons entitled to cast a majority of the voting interests of the entire association.

A 14-day notice (posted and mailed/delivered) is required when the board is considering a budget, a special assessment, or changes to rules regarding unit use.

In Florida, board members are generally protected from personal liability when making decisions on behalf of the association, but this protection isn’t an absolute “get out of court free” card. This concept is primarily rooted in a legal doctrine called the Business Judgment Rule. ⚖️as

Essentially, as long as a director acts in good faith, with the care an ordinarily prudent person would exercise, and in the best interests of the association, courts are reluctant to second-guess their decisions—even if those decisions turn out to be poor ones.

Layers of Protection 🛡️

• Indemnification: Most condominium bylaws contain “indemnification” clauses. This means the association agrees to pay for the board member’s legal defense and any resulting judgments, provided the member wasn’t acting criminally or for personal gain.

• D&O Insurance: Associations typically carry Directors and Officers (D&O) liability insurance. This insurance is designed to cover the costs of lawsuits brought against the board for “wrongful acts,” such as breaches of duty or neglect. 🏦

• Volunteer Protection: Florida law (and some federal laws) provides certain immunities for volunteers of non-profit organizations (which most HOAs/Condos are) to encourage people to serve without fear of losing their personal assets.

When the Protection Fails ⚠️

The “shield” disappears if a board member crosses certain lines. Protection usually does not apply if a director:

• Commits a crime (e.g., fraud or embezzlement). 🕵️

• Engages in “self-dealing” or acts purely for their own financial benefit.

• Acts with “reckless disregard” for human safety or the law.

• Intentionally inflicts harm on a unit owner.

Because so many owners and Board members express frustration with bully board members,  I’m going to give you the exact steps to recall a board member.

Under Florida Statute § 718.112(2)(j), any board member can be recalled and removed from office—with or without cause—by a vote or written agreement of a majority of all voting interests in the association.
The process is strictly regulated to ensure fairness and transparency. Here is a breakdown of how a recall is initiated and executed as of 2026.
1. The Two Primary Methods
Owners generally choose between two paths to achieve a recall:
A. Written Recall Agreement (Most Common)
Owners sign individual “ballots” (written agreements) indicating which board members they wish to recall.
* The Threshold: You must collect signatures representing a majority (50% + 1) of the total voting interests.
* The Representative: Owners must designate a “Unit Owner Representative” to handle the service of the papers and communicate with the board.
* Service: Once collected, the agreement must be served on the board by certified mail or personal service (process server).
B. Vote at a Special Meeting
Owners can call a special meeting specifically for the purpose of a recall.
* Notice: At least 10% of the voting interests must sign a notice for a special meeting.
* Restriction: Electronic notice (email) is not permitted for recall meetings; notice must be mailed, hand-delivered, or posted.
* The Vote: A majority of all voting interests (not just those present at the meeting) must vote in favor of the recall.
2. The Board’s Mandatory Response
Once the board is served with a written agreement or once a recall meeting is adjourned, the “5-Day Rule” begins.
* Certification Meeting: The board must hold a duly noticed meeting within 5 full business days to determine if the recall is “facially valid.”
* Certification (Approval): If the board certifies the recall, the board member is removed immediately.
* Non-Certification (Rejection): If the board believes the recall is invalid (e.g., signatures are missing or the majority wasn’t reached), they must file a petition for arbitration with the Division of Florida Condominiums, Timeshares, and Mobile Homes within 5 full business days after the meeting.
* Failure to Act: If the board fails to hold a meeting within the 5-day window, the recall is often deemed effective by law.
3. Post-Recall Requirements
If a board member is successfully recalled, the following rules apply:
* Records Turnover: The recalled member must hand over all association records and property in their possession to the board within 10 full business days.
* Filling the Vacancy: * If less than a majority of the board is recalled, the remaining board members usually fill the vacancy.
* If a majority or more of the board is recalled, a new election is typically held simultaneously (if done by meeting) or organized shortly thereafter.
4. 2026 Legal Context
Under the latest transparency updates (effective January 2026), all recall-related records—including ballots and meeting minutes—must be maintained as official records and, for associations of 25+ units, must eventually be accessible via the association’s secure web portal. Failure to provide these records for inspection can now carry stricter civil and, in some cases of willful destruction, criminal penalties.
> Note: Because the board has a high bar for “facial validity,” it is often recommended to collect 5–10% more signatures than the bare majority to account for potential disqualifications (such as owners not having a valid voting certificate on file).

Quick Reference: Penalties at a Glance Offense – Level – Mandatory Action Kickbacks / Bribery 3rd Degree Felony Removal from Board Record Destruction 1st Degree Misdemeanor Removal from Board Hiding Records (to hide crime) 3rd Degree Felony Removal from Board Voting Fraud 1st Degree Misdemeanor Removal from Board Debit Card Misuse Theft (Misdemeanor/Felony) Removal from Board

In Florida, a board member has the absolute right to resign at any time. Because a sudden vacancy can impact the board’s ability to function or maintain a quorum, the law requires a specific paper trail to make the resignation official. 📄

Under Florida Statutes 718.112 (Condos) and 720.303 (HOAs), as well as the Florida Not-for-Profit Corporation Act, here is the required process:

1. The Written Notice ✍️

A resignation is not legally effective if it is only mentioned verbally during a heated debate. It must be provided in writing. This can be a formal letter or, in many cases, an email, as long as it clearly states the intent to step down.

2. Delivery to the Association 📬

The resignation must be delivered to the association. Usually, this means giving the notice to the Board President or the Secretary. The moment the notice is received, it is generally considered effective unless the letter specifies a later “effective date.”

3. Recording the Vacancy 📋

Once the resignation is received:

• Effective Immediately: The board does not need to “accept” the resignation for it to be valid. The seat is considered vacant the moment the notice is delivered.

• Meeting Minutes: The resignation should be noted in the minutes of the next board meeting to create a permanent record for the owners.

Yes. An officer or director must be removed from office if they are charged by information or indictment with certain crimes, including forgery of a ballot, theft or embezzlement of association funds, or destruction of official records.

In Florida, the law takes a very firm stance on this to protect the integrity of condominium associations. According to Florida Statute 718.112(2)(n), a director or officer who is charged with a felony theft or embezzlement offense involving association funds must be removed from office immediately.

If that person is actually convicted (or pleads guilty/no contest), they are permanently barred from being a candidate for the board and cannot serve as a director or officer. This is often referred to as a “lifetime ban” regarding the association’s finances and governance. 🚫

Even if the crime didn’t involve association funds, Florida law generally prohibits anyone convicted of any felony from serving on a board unless their civil rights have been restored for at least five years. 🏛️

In Florida, the owners have the power to recall either a single director or the entire board at once. This process is essentially the “power of the vote” in reverse. 🗳️

Under Florida Statutes 718.112 (Condos) and 720.303 (HOAs), any member of the board of administration may be recalled and removed from office with or without cause by the vote or agreement in writing by a majority of all the voting interests.

No. You are entitled to at least 14 days’ notice and a hearing before an independent committee (not the Board) before a fine can be finalized.

In Florida, the answer is yes, but it is a “red flag” transaction that must follow very strict transparency rules to be legal. 🚩

Under Florida Statute 718.3027, hiring a relative of a director is considered a conflict of interest. Because this is a “self-dealing” scenario, the law requires the board to jump through specific hoops to ensure the association isn’t being taken advantage of.

The Required “Safety” Steps 🛡️

• Full Disclosure: The director must openly state their relationship to the person or company being hired during a board meeting. 📢

• The Paper Trail: This disclosure must be recorded in the written minutes of the meeting so there is a permanent record for all owners to see. ✍️

• No Voting: The director with the relative cannot vote on the contract. They must “recuse” themselves from the decision. 🚫

• Super-Majority Approval: To pass, the contract must be approved by two-thirds of the other directors present at the meeting. ✅

If the board fails to follow even one of these steps, the contract could be considered “voidable,” meaning the association might have the power to cancel it entirely.

No. Any officer or director who knowingly accepts a kickback commits a third-degree felony and must be removed from the Board immediately.

WRITTEN RECALL AGREEMENT (BALLOT)

ASSOCIATION NAME: [Insert Full Association Name]

UNIT INFORMATION:
Unit Number: ____________
Owner Name(s): ____________________________________

RECALL VOTE:
The following board member(s) are proposed for recall. Please mark your choice for each individual:

1. [Name of Board Member 1] [ ] RECALL (Remove)
[ ] RETAIN (Keep)

2. [Name of Board Member 2] [ ] RECALL (Remove)
[ ] RETAIN (Keep)

REPLACEMENT CANDIDATES:
(Optional: If a majority of the board is recalled, you may vote for a replacement candidate below)
[ ] [Candidate Name 1] [ ] [Candidate Name 2]

UNIT OWNER REPRESENTATIVE:
By signing this agreement, I/we designate [Insert Name of Representative] as the Unit Owner Representative to receive all notices and represent the signing unit owners in this matter.

SIGNATURE:
Owner Signature: ____________________________ Date: ________
Owner Signature: ____________________________ Date: ________
(All owners of the unit should sign if possible)

NOTICE OF SPECIAL MEETING OF UNIT OWNERS

ASSOCIATION NAME: [Insert Full Association Name]

PURPOSE OF MEETING:

To vote on the recall and removal of the following Board Member(s):

– [Board Member Name 1]

– [Board Member Name 2]

MEETING DETAILS:

Date: [Insert Date]

Time: [Insert Time]

Location: [Insert Physical Address or Virtual Link]

AGENDA:

1. Call to Order

2. Proof of Notice of Meeting

3. Appointment of Inspectors of Election

4. Voting on Recall of Board Member(s)

5. Voting on Replacement Board Member(s) (if necessary)

6. Adjournment

VOTING INSTRUCTIONS:

Unit owners may vote in person or by limited proxy. Notice representing at least 10% of the voting interests has been received to call this meeting pursuant to Section 718.112(2)(j), Florida Statutes.

DATE OF NOTICE: [Insert Date Notice is Mailed/Delivered]

Signed,

While not a background check, candidates must sign a form certifying that they have read and understand the governing documents or attend an approved educational curriculum.

Yes. Within 90 days of election, they must complete a 4-hour educational course. In 2026, they also need 1 hour of continuing education annually. No “learning on the job” allowed!

In Florida, the way a vacancy is filled after a recall depends entirely on whether a minority or a majority of the board was removed. The law ensures that the association is never left without leadership, but the process changes to prevent the remaining board members from having too much power if the “will of the people” was to overhaul the leadership. 🗳️

Here is how the transition of power typically works:

1. Recalling a Minority of the Board 👤

If the recall removes fewer than half of the directors (for example, 2 directors on a 5-person board), the process is straightforward:

• The Remaining Board Appoints: The directors who were not recalled have the power to appoint replacements to fill the vacancies until the next regularly scheduled election. 🤝

• Limited Power: The recalled members have no say in who their successors will be.

2. Recalling a Majority (or the Entire Board) 🏢

If the recall removes a majority of the board (e.g., 3 or more directors on a 5-person board), the “remaining” directors cannot simply hand-pick their new colleagues.

• Owners Choose: The owners who organized the recall must include replacement candidates on the recall ballot or written agreement itself. ✍️

• Immediate Takeover: If the recall is certified, those named replacement candidates take their seats immediately to form the new board.

3. The “Arbitration” Delay ⚖️

If a board refuses to certify a recall, the vacancies aren’t filled right away. The dispute goes to a state arbitrator.

• Status Quo: The challenged board members stay in their seats until the arbitrator makes a final ruling.

• The Final Word: If the arbitrator certifies the recall, the vacancies are filled based on the rules above (either by appointment or by the candidates named in the petition).

The financial impact of a receiver is one of the most significant burdens an association can face. Because a receiver is a professional appointed by the court, their compensation is treated as a high-priority administrative expense of the association.

The “Priority Claim” 📑

Under Florida law, the receiver’s fees are essentially “super-liens.” If the association doesn’t pay, the receiver can ask the court to authorize the sale of association property or further increase assessments to ensure they are compensated. This can lead to a cycle where the “health” of the bank account looks worse before it gets better.

Transitioning out of a receivership is the final stage of the “recovery” process for a condominium. Since a receiver is a temporary, court-appointed official, their primary goal is to stabilize the association so it can eventually govern itself again. 🔄

The hand-off back to the owners generally follows a three-step legal path:

1. The “Clean-up” Phase 🧹

Before the receiver can leave, they must ensure the association is “healthy” enough to survive on its own. This usually involves:

• Financial Audit: Ensuring the books are balanced and assessments are being collected.

• Project Completion: Finishing any critical structural repairs (like those required by the SIRS or Milestone Inspections) that triggered the crisis.

• Standard Operating Procedures: Setting up clear rules for how the building should be managed day-to-day.

2. The Final Election 🗳️

The most critical part of ending a receivership is the election of a new board. The receiver acts as the “Election Official” during this time. They will:

• Call for candidates from the pool of unit owners.

• Vet candidates for eligibility (making sure they aren’t delinquent on dues or disqualified by criminal history). 📋

• Oversee the voting process to ensure it is 100% transparent and legal under Florida Statute 718.112.

3. The Discharge Order 🏛️

Once a new board is elected, the receiver files a final report with the court. If the judge is satisfied that the “emergency” is over and the new board is ready, they will sign a Discharge Order. This officially ends the receiver’s authority and hands the “keys to the kingdom” back to the newly elected owner-directors.

In Florida, the board doesn’t actually have “veto power” over a candidate just because they dislike them. Instead, eligibility is determined by a specific set of statutory criteria. When a person submits their name to run for the board, they are essentially self-certifying that they meet these requirements, but the association (often through its attorney or manager) must verify them. 📋

Here is how the eligibility check usually works:

1. The “Notice of Intent” 📝

Any unit owner who wants to run must submit a Notice of Intent to the association at least 40 days before the election. At this stage, the board checks for the most basic qualification: Ownership. Under FS 718.112, you generally must be a unit owner to serve on the board (unless the bylaws state otherwise).

2. The Statutory Disqualifiers 🚫

The law lists several specific “deal-breakers” that make a person ineligible to even stand for election:

• Monetary Delinquency: If a candidate is delinquent in any monetary obligation to the association (like unpaid assessments) on the day they submit their intent, they are disqualified. 💸

• Criminal Record: As we discussed, a felony conviction (without restored rights for 5 years) or a specific theft/embezzlement charge involving an association is a permanent bar. ⚖️

• Term Limits: In many cases, a director cannot serve more than 8 consecutive years unless they receive a super-majority of the votes.

• Co-Owner Rule: Usually, two people from the same unit cannot serve on the board at the same time unless the building is small (e.g., less than 10 units) or there aren’t enough other candidates.

3. The Candidate Information Sheet ℹ️

Candidates can submit a one-page “information sheet” describing their background. While the board doesn’t “approve” the content of this sheet, it is a public record that other owners use to vet the candidate’s claims.

Unless the bylaws say otherwise, the remaining board members may appoint a replacement to fill the vacancy for the unexpired portion of the term.

Two. The first notice must be sent at least 60 days before the election, and the second notice (with the ballot) must be sent at least 14 days before.

In Florida, the law is very specific about the “dance” a board member must perform when a conflict of interest arises. The goal of Florida Statute 718.3027 is transparency—making sure the conflict is on the record so owners can see exactly how their money is being handled.

Here is the step-by-step legal process for a board member with a conflict:

1. The Mandatory Disclosure 📢

As soon as the board member becomes aware that they (or a relative) have a financial interest in a contract being discussed, they must disclose the existence of that interest. This isn’t a private conversation; it must happen at the board meeting where the contract is being considered.

2. Recording in the Minutes ✍️

The disclosure cannot just be “spoken into the air.” The statute requires that the conflict be specifically noted in the written minutes of the meeting. This creates a permanent paper trail for the association’s official records.

3. The Recusal Rule 🚫

This is where many board members get tripped up. Once the conflict is disclosed:

• No Voting: The interested director is prohibited from voting on that specific contract or transaction.

• Presence and Quorum: Interestingly, the director can be counted toward a quorum (the minimum number of members needed to hold a meeting), but they must step back from the actual decision-making.

4. The “Affirmative Vote” Requirement ✅

Because one member is sitting out, the law adds an extra layer of protection. For the contract to pass, it must be approved by an affirmative vote of two-thirds of the directors present at the meeting (excluding the director with the conflict).

Finding state-approved education is easier than it used to be. You can get certified through the DBPR (Department of Business and Professional Regulation) directly for free, or through several private law firms and educational companies that offer self-paced online versions. Here is a list of approved providers and resources for 2026: 1. The Official State Calendar (Free) The DBPR’s Division of Florida Condominiums, Timeshares, and Mobile Homes offers free 4-hour certification webinars and in-person classes throughout the year. Where to look: DBPR Education Calendar Cost: Free Best for: Directors looking for the most “official” state-run training at no cost. 2. Private Online Providers (Self-Paced) If you can’t make a scheduled webinar, these private companies offer on-demand, self-paced courses that you can start and stop at your convenience: Prolicense Florida: Offers the required 4-hour initial course and the 1-hour annual CE update. Education Pathways: Known for affordable, self-paced bundles (Initial 4-hour and Annual CE). FirstService Residential: Provides a popular on-demand board certification course specifically updated for the new SIRS and milestone inspection laws. FIU Executive Education: Offers a highly regarded “Condominium Board Member Training Certificate” that is slightly more academic and in-depth. 3. Specialized Law Firm Webinars Many Florida “Condo Law” firms provide approved certification courses. These are often excellent because they include real-world legal examples from the attorneys’ practices. Becker & Poliakoff: One of the largest firms; they host frequent “Board Member Certification” webinars. Siegfried Rivera: Frequently holds 2026 certification events focused on structural integrity and financial compliance. Kaye Bender Rembaum: Offers a “Condo Board Member Certification Webinar” typically on the last Tuesday of the month. Quick Checklist for Choosing a Provider Before you pay or sign up, ensure the course covers these four mandatory topics required by the 2024/2025 updates to F.S. 718.112: Financial Literacy & Transparency (Budgeting and reserves). Recordkeeping (Official records and new website requirements). Levying of Fines (Proper notice and hearing procedures). Notice & Meeting Requirements (Agenda specificities). Pro-Tip: Once you finish, you must submit the certificate to the Association Secretary within 90 days of your election. I recommend also keeping a digital copy for yourself; as we discussed, the board is now criminally liable for “losing” these records if they are trying to hide something!

The Board has 30 days to give you a substantive response. If they need a legal opinion, they can take up to 60 days, but they have to tell you that first.

Look for DBPR Form 6000-333 on the my Florida license website, which is 

www.myfloridalicense.com

No. An election is valid as long as at least 20 percent of the eligible voters cast a ballot.

Yes. Directors are limited to 8 consecutive years on the Board unless they are re-elected by a two-thirds supermajority or if there aren’t enough candidates to fill the seats.

Yes. A board member may not serve more than 8 consecutive years unless approved by a vote of two-thirds of all votes cast or if there are not enough eligible candidates to fill vacancies.

No; unless the bylaws state otherwise, they serve without pay.

The remaining board members can appoint an owner to fill the vacancy at a board meeting, even if they comprise less than a quorum.

Under F.S. 718.112, here are the specific requirements directors must now meet to remain eligible to serve. 1. The Two-Step Initial Certification Every director elected or appointed must now complete two distinct tasks within 90 days of taking their seat: Written Certification: Sign a document stating they have read the association’s declaration, articles of incorporation, bylaws, and current written policies, and will uphold them faithfully. Educational Certificate: Complete a 4-hour state-approved training course. Important Note: If you were already on the board before July 1, 2024, your deadline to complete this 4-hour course was June 30, 2025. If you haven’t done it yet, you are technically suspended from the board by law. 2. What is covered in the 4-hour course? The curriculum isn’t just a general overview anymore. It must specifically include: Milestone Inspections and Structural Integrity Reserve Studies (SIRS). Financial literacy and transparency. Recordkeeping and notice/meeting requirements. Election procedures and levying of fines. 3. Annual “Continuing Education” (CE) Education is no longer a “one and done” event. To keep up with the constant changes in Florida law: Requirement: Directors must complete 1 hour of continuing education annually. Focus: This hour must specifically cover changes made to Chapter 718 and related administrative rules during the preceding year. Validity: While the initial 4-hour certificate is valid for 7 years (as long as service is uninterrupted), the 1-hour update must be done every single year.

Recent legislative sessions (specifically House Bill 1021, often called “Condo 3.0,” effective July 1, 2024) have dramatically increased the stakes for board members. Florida has shifted from treating association mismanagement as a purely civil matter to one with serious criminal consequences. Here is a breakdown of the new criminal penalties and strict compliance duties under F.S. 718.111 and related sections: 1. The “Kickback” Felony It is now a third-degree felony for any officer, director, or manager to knowingly solicit or accept a “kickback.” Definition: A kickback is any thing or service of value for which the recipient has not provided equal consideration in return. Penalty: Up to 5 years in prison and a $5,000 fine. 2. Fraudulent Voting Activities Election integrity is now protected by criminal law. It is a first-degree misdemeanor to: Knowingly aid, abet, or advise another person in fraudulent voting. Prevent a member from voting or change a ballot/envelope. Use bribery, threats, or violence to influence a vote. 3. Accounting Records & “Harmful Intent” While accidental errors are not criminal, intentional acts are. It is a first-degree misdemeanor to: Knowingly and intentionally deface or destroy accounting records. Fail to create or maintain required records with the intent to cause harm to the association or its members. 4. Record Obstruction & Felony Charges The law now targets those who hide records to cover up other crimes. The Offense: Willfully refusing to release or produce association records with the intent to avoid detection, arrest, or punishment for a crime is a third-degree felony. The “Checklist” Rule: To prevent “hiding” records during a request, associations must now provide a checklist of what was provided and what was missing. 5. Mandatory Removal from Office If a director or officer is charged by information or indictment with any of the following, they must be immediately removed from the board: Forgery of a ballot envelope or voting certificate. Theft or embezzlement of association funds. Destruction of or refusal to allow inspection of records in furtherance of a crime. Obstruction of justice. 6. The “Debit Card” Ban Using an association-issued debit card for any reason—even a legitimate association expense—is strictly prohibited. The Penalty: If a card is used for an expense that is not a “lawful obligation” of the association (not in the budget or minutes), it is considered theft, punishable under Florida’s criminal theft statutes. 7. Retaliation & “SLAPP” Suits The 2024 law expanded protections for “whistleblower” owners. The association cannot fine or sue an owner in retaliation for: Complaining to the Division of Condominiums. Filing a complaint with law enforcement or the State Attorney. Making public statements critical of the board.

When a board member fails to disclose a conflict of interest, the contract doesn’t just become “awkward”—it becomes legally vulnerable. Under Florida Statute 718.3027, the association often has the power to “void” or cancel that agreement. 🛡️

Let’s look at how this works:

1. The Power to Rescind ✂️

If a contract was entered into and the conflict was not disclosed as required, the contract is “voidable.” This means the association can choose to treat it as if it never existed. However, this isn’t automatic; usually, the remaining board members (who don’t have a conflict) or the unit owners must take action to cancel it.

2. The 31-Day Rule 📅

Florida law provides a specific “rebuttable presumption” that the contract is unfair if it wasn’t disclosed. Once the nondisclosure is discovered, the association must act quickly to challenge it. If a contract is voided, the association may also be able to recover any money already paid to the interested party.

3. Proof of Fairness ⚖️

If a contract is challenged because of a secret conflict, the “burden of proof” shifts. Instead of the owners having to prove the contract was bad, the interested board member must prove that the contract was fair and reasonable to the association at the time it was made.

The statute is very clear: a director who fails to timely file their certificates is automatically suspended from the board. The suspension lasts until they comply. The remaining board may appoint a temporary replacement during the suspension. Public Record: The association is required to keep these certificates as “Official Records” for at least 7 years, meaning any owner can ask to see them to verify the board is legally seated.