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.

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.

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. 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.

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.

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

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.

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.

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.

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.

By January 1, 2026, associations with 25 units or more are required to have a website or mobile app where digital copies of bylaws, budgets, and SIRS reports are posted.

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 limits (usually 3 minutes), but they can’t mute you entirely.

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.

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

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.

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

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.

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.

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

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!

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.

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.

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.

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.

They must disclose it. If a contract exceeds $2,500 and a Director has a “financial interest,” the Board must usually seek multiple bids and disclose the relationship in the minutes.

Yes, if the Board has set up a system for it. In fact, if you request to vote electronically, the Board must honor it unless you’ve specifically opted out.

No. While they can discuss things via email, all official votes must happen in an open meeting where owners can observe.

If 20% of the voting interests petition the board to address an item of business, the board must place that item on the agenda at its next regular board meeting or at a special meeting called for that purpose within 60 days of receiving the petition.

Yes. Bank statements and transaction receipts are part of the “official records” and must be available for inspection.

As of 2024, the use of an Association debit card is strictly prohibited to prevent financial “oopsies” or fraud. It’s credit cards or checks only.

Absolutely not. 718.111(15) prohibits any officer or director from using an association-issued debit card. Doing so is now treated as a serious financial offense.

Generally, no. Statute 718.112 is strict: reserves for structural items (like the roof or foundation) cannot be used for other purposes without a majority vote of the entire association.

Yes. Owners may vote to provide no reserves or less reserves than required by a majority vote of the total voting interests at a duly called meeting. However, for “Structural Integrity Reserve Study” (SIRS) items, recent legislative changes (as of 2024/2025) significantly restrict or prohibit the waiver of funding for those specific structural components.

Assessments must be made against units not less frequently than quarterly. They must be in an amount no less than what is required to provide funds in advance for all anticipated current operating expenses and previously incurred unpaid expenses.

Yes. Late fees cannot exceed $25 or 5% of the assessment, whichever is greater, and only if your specific bylaws allow for it.

In addition to operating expenses, the budget must include reserve accounts for capital expenditures and deferred maintenance. Specifically, this must include roof replacement, building painting, and pavement resurfacing, as well as any other item for which the deferred maintenance or replacement cost exceeds $10,000.

If the “discretionary” part of the budget jumps more than 15% year-over-year, the Board must proactively schedule a meeting for owners to consider a substitute budget.

This video provides a deep dive into the recent Florida legislative updates for 2025 and 2026, which is crucial for understanding the new enforcement and transparency standards mentioned above. Florida Condo & HOA Law Changes 2025 Explained | What Every Board Member Should Know – YouTube https://www.youtube.com/watch?v=CYRphjirdVU&t=2s

718.112 (which we covered) focuses on how the association operates.

718.111 focuses on the Association as a corporation—its powers, its records, and the heavy-duty topic of insurance.

Yes, provided the authority to do so is in the declaration, articles of incorporation, or bylaws. The association may charge a preset fee, but it may not exceed $150 per applicant (though a husband/wife or parent/dependent child are considered one applicant). No charge can be made in connection with the lease or sale unless the association is required to approve such transfer.

Yes. The association has the irrevocable right of access to each unit during reasonable hours when necessary for the maintenance, repair, or replacement of any common elements or any portion of a unit to be maintained by the association, or as necessary to prevent damage to the common elements or to a unit.

The Association has an irrevocable right of access during reasonable hours for maintenance or repairs of common elements, or if necessary to prevent damage to other units.

Yes, including names, unit numbers, and mailing addresses. However, your email address is only public if you have consented to receive notices electronically.

Usually, no. 718.111(11) specifically excludes items like floor/wall/ceiling coverings, electrical fixtures, appliances, water heaters, and built-in cabinets inside your unit. Those are on you.

Every 36 months. The statute requires an independent “replacement cost” appraisal to ensure the building isn’t under-insured.

The Association acts as the trustee for all unit owners and mortgage holders when receiving insurance proceeds for the common elements.

If a unit is abandoned, the Board can enter to inspect, turn on utilities, or mitigate mold/damage—at the Board’s sole discretion—to protect the rest of the building.

The Association must maintain adequate property insurance for the full replacement cost of the building (minus your interior items). This is mandatory regardless of what your Declaration says.

You do! The Association is a Florida corporation where every unit owner is a shareholder (member). Statute 718.111 mandates it must be a corporation for profit or non-profit.

Recent updates clarify that the Association is generally responsible for the cost of removing and reinstalling hurricane protection if it’s necessary for building maintenance.

Who pays the deductible after a hurricane?

Under the statute’s insurance provisions, the unit owner is responsible for insuring and replacing all floor, wall, and ceiling coverings, as well as electrical fixtures, appliances, water heaters, and built-in cabinets/countertops within the unit. The association’s master policy generally covers only the “unfinished” structure.

No. Access to the mandatory website and the documents required to be posted there must be provided to owners at no charge.

As of January 1, 2026, any condominium association managing 25 or more units must maintain an official website or a mobile app where specific digital copies of official records (like governing documents, budgets, and meeting notices) are posted for owners to access via a secure login.

As of January 1, 2026, all associations with 25 or more units must have a secure website or app where documents like the declaration, bylaws, and budgets are posted.