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

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

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

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

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

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.

Dealing with termites in a Florida condominium can be a “he said,
she-said” battle between the unit owner and the Board,
but Florida Statute 718 (The Condominium Act) and your
specific Declaration of Condominium provide the legal
roadmap to resolve it.
Here is the breakdown of the statutes and principles that
apply to your neighbor’s situation.
1. The Golden Rule: Common Elements vs. Unit Boundaries
Under Florida Statute 718.113(1), the Association is
responsible for the maintenance, repair, and replacement of
common elements. The unit owner is responsible for
everything defined as part of the unit.
* The Door Frame: Is it a “common element” or part of the
“unit”?
* In most Florida declarations, the “unit” boundary begins at
the unfinished interior surface of the walls.
* Interior door frames are almost always the unit owner’s
responsibility.
* External door frames (the front door) are often classified
as Limited Common Elements. While they are “common;’ the
Declaration often assigns the cost of their maintenance and
repair specifically to the owner who has exclusive use of that
door.
* The Check: You must look at the “Definition of Unit” and
“Limited Common Elements” sections in the Declaration of
Condominium (not just the Bylaws). If the Declaration says
the owner is responsible for windows and doors, that
includes the frames.
2. Termite Treatment Responsibility
The responsibility for the “bugs” depends on where they are:
* Inside the Walls/Structure: If termites are inside the
structural wall studs or the foundation (common elements),
the Association is generally responsible for treatment under
their duty to maintain the building’s integrity.
* Inside the Unit: If the damage is localized to a door frame
or cabinetry within the unit boundaries, and there is no “live
activity” in the common structural elements, the owner
typically bears the cost of “spot treating” their own property.
* Tenting/Building-Wide Treatment: If the building needs to
be tented (drywood termites), the Association usually covers
the cost as a common expense, as it protects the entire
structure.
3. Addressing the Broker’s “Negligence” Claim
The broker’s claim that the building was “negligent” is a high
legal bar to clear. To prove negligence, the seller would have
to show:
* The Association had a duty to treat (usually via a contract
or the Declaration).
* The Association knew (or should have known) there was
an infestation.
* The Association failed to act within a reasonable
timeframe.
* That failure directly caused the specific damage to the
door frame.
If the Board has a regular pest control contract and no prior
reports of termites in that area were made, a negligence
claim is unlikely to hold water.
4. The “As-Is” Contract Factor
Since the unit is under contract, this is likely a negotiation
tactic. Most “As-Is” contracts in Florida allow the buyer to
walk away if they aren’t satisfied with an inspection. The
seller (the brother with POA) is trying to shift the repair cost
to the Association to keep his net profit high.
Summary Table of Responsibility
I Item I      I Likely Responsible Party I    I Legal Basis I

I Structural Studs/Roof I Association I FS 718.113 (Common
Elements) I
I Interior Door Frame I Unit Owner I Declaration (Unit
Boundaries) I
I Spot Treatment (Inside Unit) I Unit Owner I Declaration
(Maintenance) I
I Building-Wide Tenting I Association I FS 718.111 (Structure
Protection) I
I Negligence Damages I Association (only if proven) I Tort
Law / Fiduciary Duty I
Next Step for the Board
The Board should ask the seller’s broker to provide the
specific page and section of the Declaration of
Condominium that classifies a unit’s interior door frame as a
common element. Usually, when challenged to produce the
“proof” from the documents, these claims fall apart.

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

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

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

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

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

Dealing with termites in a Florida condominium can be a “he said,
she-said” battle between the unit owner and the Board,
but Florida Statute 718 (The Condominium Act) and your
specific Declaration of Condominium provide the legal
roadmap to resolve it.
Here is the breakdown of the statutes and principles that
apply to your neighbor’s situation.
1. The Golden Rule: Common Elements vs. Unit Boundaries
Under Florida Statute 718.113(1), the Association is
responsible for the maintenance, repair, and replacement of
common elements. The unit owner is responsible for
everything defined as part of the unit.
* The Door Frame: Is it a “common element” or part of the
“unit”?
* In most Florida declarations, the “unit” boundary begins at
the unfinished interior surface of the walls.
* Interior door frames are almost always the unit owner’s
responsibility.
* External door frames (the front door) are often classified
as Limited Common Elements. While they are “common;’ the
Declaration often assigns the cost of their maintenance and
repair specifically to the owner who has exclusive use of that
door.
* The Check: You must look at the “Definition of Unit” and
“Limited Common Elements” sections in the Declaration of
Condominium (not just the Bylaws). If the Declaration says
the owner is responsible for windows and doors, that
includes the frames.
2. Termite Treatment Responsibility
The responsibility for the “bugs” depends on where they are:
* Inside the Walls/Structure: If termites are inside the
structural wall studs or the foundation (common elements),
the Association is generally responsible for treatment under
their duty to maintain the building’s integrity.
* Inside the Unit: If the damage is localized to a door frame
or cabinetry within the unit boundaries, and there is no “live
activity” in the common structural elements, the owner
typically bears the cost of “spot treating” their own property.
* Tenting/Building-Wide Treatment: If the building needs to
be tented (drywood termites), the Association usually covers
the cost as a common expense, as it protects the entire
structure.
3. Addressing the Broker’s “Negligence” Claim
The broker’s claim that the building was “negligent” is a high
legal bar to clear. To prove negligence, the seller would have
to show:
* The Association had a duty to treat (usually via a contract
or the Declaration).
* The Association knew (or should have known) there was
an infestation.
* The Association failed to act within a reasonable
timeframe.
* That failure directly caused the specific damage to the
door frame.
If the Board has a regular pest control contract and no prior
reports of termites in that area were made, a negligence
claim is unlikely to hold water.
4. The “As-Is” Contract Factor
Since the unit is under contract, this is likely a negotiation
tactic. Most “As-Is” contracts in Florida allow the buyer to
walk away if they aren’t satisfied with an inspection. The
seller (the brother with POA) is trying to shift the repair cost
to the Association to keep his net profit high.
Summary Table of Responsibility
I Item I      I Likely Responsible Party I    I Legal Basis I

I Structural Studs/Roof I Association I FS 718.113 (Common
Elements) I
I Interior Door Frame I Unit Owner I Declaration (Unit
Boundaries) I
I Spot Treatment (Inside Unit) I Unit Owner I Declaration
(Maintenance) I
I Building-Wide Tenting I Association I FS 718.111 (Structure
Protection) I
I Negligence Damages I Association (only if proven) I Tort
Law / Fiduciary Duty I
Next Step for the Board
The Board should ask the seller’s broker to provide the
specific page and section of the Declaration of
Condominium that classifies a unit’s interior door frame as a
common element. Usually, when challenged to produce the
“proof” from the documents, these claims fall apart.

Florida Statute 718.111 is a foundational part of the Florida Condominium Act. It primarily outlines the corporate powers, duties, and record-keeping requirements of a condominium association.

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.

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

In Florida, the short answer is yes—but whether it is required before or after filing a lawsuit depends on the type of dispute and the type of association. Florida law heavily favors Alternative Dispute Resolution (ADR) because it is faster and cheaper than traditional litigation. ⚖️

The two most common forms of ADR used in these communities are:

1. Mediation: A neutral third party helps both sides reach a voluntary agreement. 🤝

2. Arbitration: A neutral third party (often a state-appointed official) listens to both sides and makes a binding or non-binding decision. 👨‍⚖️

Requirements for Condominiums (Chapter 718) 🏢

For condos, the law is very specific. You must go through Mandatory Non-Binding Arbitration with the Division of Condominiums before you are allowed to step foot in a courtroom for “internal” disputes, such as:

• Recall of a board member. 🗳️

• Disputes over official records requests. 📁

• Disputes over elections or meeting notices. 🗓️

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

While 718.111 focuses on the “Association” as a corporate entity (its powers and records), Florida Statute 718.112 is often called the “heart” of the Condominium Act because it dictates how the association must actually operate. It covers the bylaws, board meetings, member meetings, and the specific procedures for budgets and elections. Florida Statute 718.112 acts as the “operating manual” for every condominium in the state.

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

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.

In Florida, the short answer is yes—but whether it is required before or after filing a lawsuit depends on the type of dispute and the type of association. Florida law heavily favors Alternative Dispute Resolution (ADR) because it is faster and cheaper than traditional litigation. ⚖️

The two most common forms of ADR used in these communities are:

1. Mediation: A neutral third party helps both sides reach a voluntary agreement. 🤝

2. Arbitration: A neutral third party (often a state-appointed official) listens to both sides and makes a binding or non-binding decision. 👨‍⚖️

Requirements for Condominiums (Chapter 718) 🏢

For condos, the law is very specific. You must go through Mandatory Non-Binding Arbitration with the Division of Condominiums before you are allowed to step foot in a courtroom for “internal” disputes, such as:

• Recall of a board member. 🗳️

• Disputes over official records requests. 📁

• Disputes over elections or meeting notices. 🗓️