What Is the Florida Condominium Act? A Guide to Chapter 718

The Florida Condominium Act is the state law that governs how condominium ownership, associations, boards, and unit owners work. Found primarily in Chapter 718 of the Florida Statutes, it sets rules for condominium creation, association operations, financial records, meetings, assessments, repairs, and dispute resolution. The law also includes safety and reserve-planning requirements that gained attention after the 2021 Surfside building collapse. Knowing how the act works can help owners, buyers, and board members understand their rights and responsibilities.

What Is the Florida Condominium Act?

The Florida Condominium Act is the common name for Chapter 718 of the Florida Statutes. It establishes the legal framework for condominiums in Florida, including how a condominium is created, how its association is governed, and how shared property is maintained.

A condominium is a form of real estate ownership. A unit owner generally holds title to an individual unit and shares ownership of the condominium’s common elements with other owners. Common elements may include structural components, hallways, elevators, roofs, recreation areas, and other property identified in the condominium documents.

The act applies to condominium properties and associations within its scope. It works alongside other laws, including Florida statutes on building safety, accessibility, fair housing, and construction. A condominium’s declaration, articles of incorporation, bylaws, and rules also matter, but they cannot override applicable state law.

How the Act Establishes a Condominium

Condominium ownership begins with recorded documents. Under Chapter 718, a developer typically creates the condominium by recording a declaration in the county’s official records. The declaration describes the property, identifies units and common elements, and sets out ownership interests and other governing terms.

Other key documents include the association’s articles of incorporation, bylaws, and rules. Together, these documents explain how the association is organized, how directors are elected, how votes are counted, and how the property is managed. Buyers should review the complete document package rather than relying only on a sales brochure or a summary.

Florida law also addresses disclosures in condominium sales. Depending on the transaction and the property, a buyer may receive a prospectus or disclosure statement, governing documents, financial information, and other materials. The required documents and cancellation rights can vary by the type of sale and the buyer’s circumstances. Buyers should check the current statute and all contract deadlines before signing or waiving a right.

How Condominium Associations Are Governed

A condominium association is generally responsible for operating the property and administering the governing documents. Its board of directors makes decisions on behalf of the association, subject to Florida law, the condominium documents, and owners’ voting rights. Responsibilities commonly include maintaining common elements, collecting assessments, arranging insurance, and adopting an annual budget.

Board members have legal duties when carrying out their roles. Florida law addresses director qualifications, elections, conflicts of interest, board meetings, and access to association records. The exact rules can depend on the issue and the association’s documents. Owners who are concerned about a board action should identify the specific statute, document provision, or meeting record that applies.

Meetings and Owner Participation

Chapter 718 sets requirements for many association and board meetings, including notice and opportunities for owner participation. Certain matters, such as budget decisions or changes to rules, may have additional procedures. Owners should look for meeting notices, agendas, minutes, and any applicable document provisions to understand what was considered and how a decision was made.

Owners also have voting rights on matters identified by statute or the condominium documents. Examples may include electing directors or approving certain amendments. Voting procedures, eligibility, proxies, and required approval thresholds are not identical for every decision, so the applicable law and documents should be reviewed before a vote.

Access to Official Records

Associations are required to maintain official records, which may include governing documents, financial records, minutes, contracts, and other materials specified by law. Unit owners generally have rights to inspect and copy many official records, subject to statutory exceptions and procedures.

For a practical records request, an owner can identify the records sought, submit the request in writing, and retain a copy. The statute sets standards for access and provides remedies for certain failures to make records available. Some information—such as specified personal, privileged, or security-related material—may be confidential or restricted.

Assessments, Budgets, and Association Finances

Associations fund shared expenses primarily through assessments paid by unit owners. The declaration and other condominium documents generally establish how expenses are allocated. Florida law governs key aspects of budgets, financial reporting, assessment collection, and certain owner protections.

An annual budget commonly covers operating expenses and reserves. Operating costs may include utilities, management, insurance, routine maintenance, and contracted services. Reserves are funds set aside for future repairs or replacement of major components. A budget is not simply a spending forecast: it affects the association’s ability to maintain the property and meet future obligations.

When an association’s available funds are insufficient, it may consider a special assessment, subject to applicable law and governing documents. Unpaid assessments can lead to collection action and, in some circumstances, a lien or foreclosure process. Owners should review notices carefully and seek advice promptly if they dispute a charge or cannot pay it.

Reserve Requirements and Structural Safety

Florida’s condominium laws include requirements intended to improve building safety and long-term financial planning. These rules are especially important for buildings that meet statutory height and age criteria. The details can depend on a building’s location, construction, prior inspections, and the current version of the law.

Milestone Inspections

Florida’s milestone inspection law, found in section 553.899, Florida Statutes, applies to qualifying residential condominium and cooperative buildings that are three or more stories. In general, the first milestone inspection is due when a building reaches 30 years of age, or 25 years if it is within three miles of a coastline, with later inspections generally required at 10-year intervals.

Local enforcement agencies may have authority to require an inspection earlier in certain circumstances. A milestone inspection is performed by a licensed architect or engineer and involves a visual examination of specified building components. If the initial inspection identifies signs of substantial structural deterioration, a more detailed phase may be required.

Milestone inspections do not replace routine maintenance, code enforcement, or other required inspections. They are one part of a broader safety process. Associations should follow the deadlines and reporting directions that apply to the building and coordinate with the relevant local authority and qualified professionals.

Structural Integrity Reserve Studies

Florida law also requires structural integrity reserve studies, commonly called SIRS, for certain condominium and cooperative buildings. A SIRS evaluates the estimated remaining useful life and replacement cost of specified major components, such as roofs, structural systems, fire protection, plumbing, electrical systems, waterproofing, and windows or exterior doors, as applicable under the statute.

The study helps an association plan for major repairs and replacement costs. For associations covered by the law, restrictions on waiving or reducing reserves for specified components may apply. These requirements can affect annual budgets and owner assessments, so owners should review the study, reserve schedules, and the board’s funding decisions.

Inspection and reserve deadlines have been affected by changes in Florida law. Associations should confirm current requirements in the Florida Statutes and with the applicable local building department. Owners can request relevant inspection reports, reserve studies, budgets, and meeting records through the association’s official-records process.

Maintenance Responsibilities and Repairs

The division of maintenance responsibility depends on both Chapter 718 and the condominium documents. The association is commonly responsible for maintaining common elements, while an owner is typically responsible for the unit and certain items within it. However, the declaration may define boundaries and duties in ways that affect a specific repair.

After damage, responsibility can depend on where the damage occurred, its cause, insurance coverage, and the governing documents. A leak that begins in one unit, for example, may affect common elements or another unit, creating questions about access, repair costs, and insurance claims. Owners should report damage promptly and preserve relevant communications, photographs, and repair records.

Associations also need to address building maintenance and safety issues in a timely manner. Owners who observe potential structural problems should notify the association and, where appropriate, the local building department. Serious or immediate hazards may require emergency response rather than waiting for a routine board meeting.

Disputes and Enforcement

Disputes can involve assessments, records access, elections, architectural decisions, maintenance, or interpretation of the condominium documents. Florida law provides different procedures depending on the issue. Some disputes may require presuit mediation or another alternative dispute resolution process before a lawsuit can proceed; others may follow different statutory rules.

The Florida Department of Business and Professional Regulation, or DBPR, has responsibilities related to condominium regulation. Its Division of Condominiums, Timeshares, and Mobile Homes handles certain complaints, education, and dispute-resolution functions. However, not every disagreement falls within the division’s authority, and some issues may need to be addressed through mediation, arbitration, or court.

Before escalating a dispute, an owner can gather the relevant documents, written notices, meeting minutes, payment records, and correspondence. A clear written request to the association may resolve a misunderstanding. If the matter involves substantial money, a potential lien, safety concerns, or a strict legal deadline, advice from a Florida attorney can help protect the owner’s rights.

What Owners and Buyers Should Review

The Florida Condominium Act is broad, and a single issue can involve several statutes and documents. These practical steps can help clarify the rules that apply:

• Review the governing documents: Read the declaration, bylaws, articles, rules, and amendments relevant to the issue.
• Check official records: Look for budgets, financial reports, meeting minutes, contracts, inspection reports, and reserve studies.
• Confirm deadlines: Sales disclosures, election procedures, records requests, assessments, and safety inspections may have time-sensitive requirements.
• Keep written records: Save notices, requests, responses, payment confirmations, and photographs related to a dispute or repair.
• Verify current law: Use the current Florida Statutes and guidance from the appropriate state or local agency.

The official statutory text is available through the Florida Legislature’s online statutes. Condominium laws can change, and local building requirements may also apply. This overview provides general information, not legal advice; a qualified Florida attorney or building professional can address the facts of a particular condominium.