THE BOSS CONDO FAQ's

 

Welcome to Your “One-Stop Shop” for 

 Condo Questions & Answers !

Clear Answers. No Legalese. No Guesswork.

You Asked. We Delivered. (No Returns Necessary.)

If there is one thing I’ve learned from our owners and board members, it’s that “condo life” often comes with more questions than a toddler on a road trip. Navigating the rules of the road shouldn’t feel like you’re reading a map in a storm.

Because clarity is a luxury you deserve, I’m launching a dedicated Q&A forum right here on this page. Consider this your official “one-stop shop” for answers—no more digging through old emails or guessing at bylaws. As the questions roll in, the answers will go up.

Think of it as your community cheat sheet,

minus the detention.

Let’s be honest: navigating Florida’s Condo Statutes (especially the 2024–2026 updates) can feel a bit like trying to assemble IKEA furniture in the dark. Between Statute 718.111 (the “Business” of the condo) and Statute 718.112 (the “Rules” of the road), there is a lot of fine print to digest.

I’ve heard from many of you that finding straight answers is the biggest hurdle to enjoying condo life.

You asked, and we delivered.

This page is now your official Q&A Forum. Think of it as the community “cheat sheet.” Whether you’re curious about our new website requirements, structural reserves, or who really pays for that leaky water heater, you’ll find the answers here.

How it Works:

  • The Archives: Below, you’ll find an evolving list of the most frequent questions regarding Florida Law and our Association.

  • Your Turn: Have a question that isn’t answered yet? [Submit it here].

  • The Update: We’ll post the answer right here for everyone to see. No more hunting through old meeting minutes or “he-said, she-said” in the lobby.

  • We will continue to add new questions regularly, so hit me up on that Contact Us page or click the SUBMIT link in yellow above and we’ll get it added Likity-Split!

We’re taking the mystery out of the statutes so we can get back to the best part of living here: actually living here.


Quick Legal Disclaimer for Those Who Don’t like to Play Nice…

Disclaimer: All information contained on this website or blog is for informational purposes only, and should not be interpreted as legal advice. The owner of this website is not an attorney, does not give legal advice, nor does he claim to be an attorney. The owner of this website does not assume any responsibility or liability for any omissions or errors in the information provided. The recipient of any information provided on this website or blog is free to acccept or reject any of the information provided at any time. The owner disclaims any and all warranties, including implied warranties, regarding the accuracy and reliability of the information contained therein. All information contained on this website or blog may be used for other purposes without the owner’s consent.

  • The “Rule of 25”: As of January 1, 2026, Florida Law requires most associations with 25 units or more to host these types of documents online. You aren’t just being helpful—you’re being ahead of the curve!

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Access & Inspection (6)

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.

Association Records (24)

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.

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

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.

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.

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.

Board Meetings (11)

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

Category: Board Meetings

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. Any member of the board may be recalled and removed from office with or without cause by the vote or agreement in writing by a majority of all voting interests.

Category: Board Meetings

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.

Category: Board Meetings

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.

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.

Category: Board Meetings

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.

Category: Board Meetings

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. 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.

Board of Directors (14)

Yes. Any member of the board may be recalled and removed from office with or without cause by the vote or agreement in writing by a majority of all voting interests.

Category: Board of Directors

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

Category: Board of Directors

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.

Category: Board of Directors

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.

Category: Board of Directors

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

Category: Board of Directors

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.

Category: Board of Directors

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!

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.

Category: Board of Directors

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!

Category: Board of Directors

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.

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

Category: Board of Directors

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.

Elections/Voting (2)

Category: Elections/Voting

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.

Category: Elections/Voting

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

Financials (7)

Category: Financials

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

Category: Financials

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.

Category: Financials

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.

Category: Financials

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.

Category: Financials

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.

Category: Financials

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.

Category: Financials

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

Governing Documents (1)

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

Privacy & Exemptions (6)

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

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

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

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

Records Retention (6)

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.

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

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.

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

The Association (7)

Category: The Association

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.

Category: The Association

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.

Category: The Association

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.

Category: The Association

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

Category: The Association

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.

Category: The Association

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

Category: The Association

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

Website (4)

Category: Website

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

Category: Website

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.

Category: Website

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.

minimum number of units required for the Association to have a website.

Category: Website
  • The “Rule of 25”: As of January 1, 2026, Florida Law requires most associations with 25 units or more to host these types of documents online. I highly recommend that you obtain your Association’s website even if you have less than 25 units, however. You aren’t just being helpful—you’re being ahead of the curve! you also avoid all those pesky requests to access records. They are always available 24/7 365 days a year!
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