What changed after Surfside: reserves and structural studies, milestone inspections, special assessments, voting and elections, the new fraud penalties, HOA fine limits, and exactly where to go with a complaint.
Champlain Towers South partially collapses, killing 98 people, and exposes years of deferred structural repairs.
Creates milestone inspections and structural integrity reserve studies (SIRS) and bans waiving structural reserves.
Clarifies inspection and SIRS rules and who can perform them.
Director education, criminal penalties for fraud and kickbacks, website records, quarterly owner meetings, limits on HOA fines.
Extends the SIRS deadline to Dec. 31, 2025, allows short reserve pauses, loans and credit lines, video meetings and email voting.
No major changes to the condo or HOA acts; nonprofit-corporation law updates (HB 797) take effect July 1, 2026.
Condos (chapter 718) got most of the post-Surfside changes. Single-family HOAs (chapter 720) have their own, lighter set of rules.
| Condo association | HOA | |
|---|---|---|
| Florida statute | Chapter 718 (Condominium Act) | Chapter 720 (Homeowners' Association Act) |
| State regulator | DBPR Division of Florida Condominiums, Timeshares & Mobile Homes, plus the Condominium Ombudsman | No general state regulator; DBPR arbitrates election and recall disputes and licenses managers |
| Milestone inspections & SIRS | Required for buildings 3+ habitable stories | Not required |
| Reserves | Structural (SIRS) reserves can't be waived; other reserves can by majority vote | Required only if the documents or a vote create them |
| Website for records | 25+ units, from Jan. 1, 2026 | 100+ parcels, from Jan. 1, 2025 |
| Director education | 4-hour course, then 1 hour every year | 4 hours within 90 days; 4 hours a year (8 if 2,500+ parcels) |
| Term limits | 8 consecutive years (service from July 1, 2018) unless re-elected by 2/3 of votes cast | None by statute unless the documents set them |
| Owner meetings | Board must meet 4 times a year to answer owners' questions (10+ units) | Per documents and statute notice rules |
Condo associations with buildings three or more habitable stories tall. Done by a licensed engineer, architect or reserve specialist.
At least every 10 years. The first one was due by December 31, 2025 for most buildings.
Owners can't vote to waive or underfund SIRS items or spend those reserves on anything else.
If a milestone inspection in the last 2 years found needed repairs, owners may pause reserve funding for up to 2 annual budgets (budgets adopted through 2028) to pay for those repairs.
Regular assessments, special assessments, lines of credit or loans.
Non-structural reserves can still be waived or reduced by a majority vote of owners.
When a building reaches 30 years old, then every 10 years. Local officials can require it sooner if conditions warrant.
Condo and co-op buildings three or more habitable stories tall.
A visual inspection of the structure by a licensed engineer or architect.
Required if Phase 1 finds substantial structural deterioration; may include testing and a repair plan.
The association must give owners a summary and file the report with the local building official, and post it on its website if required to have one.
The proposed annual budget and notice of the meeting go to owners at least 14 days in advance; the budget must show reserves.
14 days' written notice of the meeting, stating the purpose and amount. Funds can be used only for that purpose.
When a special assessment pays for a contract, the details must be disclosed to owners.
Unpaid assessments become a lien on the unit, and the association can foreclose.
Boards have emergency powers after a declared state of emergency, including levying special assessments without an owner vote, unless the documents prohibit it.
Ask for the estoppel letter, the SIRS, the milestone report, the budget, the last 12 months of minutes and any planned assessments.
Your share is set in the declaration, usually as a percentage of the common elements. If the association finances the project with a loan, owners typically repay it through higher monthly assessments.
Don't know your share? Divide 100% by the number of units for a rough equal-share estimate, then confirm in the declaration.
First notice at least 60 days before the condo election; second notice with the ballot 14 to 34 days before.
Boards can adopt online voting, and 25% of owners can petition for it. If there's no system, owners may email ballots to a designated address, giving up ballot secrecy.
Meetings by video conference must include a link and call-in number, be recorded, and be kept as records.
A majority of all voting interests can remove board members by written agreement or at a meeting.
Condo directors: 8 consecutive years, counted from July 1, 2018, unless re-elected by two-thirds of votes cast.
New condo directors take a 4-hour course covering inspections, SIRS, records, finance and fines, then 1 hour a year.
Owners can inspect official records with a written request; condo associations must provide them within 10 working days. Associations with 25+ units (condo) or 100+ parcels (HOA) must post key records online.
| Conduct | Penalty | Applies to |
|---|---|---|
| Accepting a kickback | Third-degree felony | Officers, directors and managers |
| Refusing to release records to avoid detection or prosecution | Third-degree felony | Condo and HOA |
| Destroying or failing to keep accounting records | First-degree misdemeanor | Condo and HOA |
| Election fraud (forging ballots, blocking someone from voting, aiding fraud) | First-degree misdemeanor | Condo and HOA |
| Repeatedly violating owners' records-inspection rights | Second-degree misdemeanor | Condo and HOA |
| Manager failing to return records within 20 days | $1,000 per day civil penalty (up to 10 days) | Community association managers |
| Undisclosed conflicts of interest | Contract voidable | Directors, managers, inspection and SIRS firms |
Directors who commit these crimes are removed from office, and associations must keep records that let owners follow the money.
Fines need notice and a hearing within 90 days; written findings within 7 days
No fine if the violation is cured before the hearing
No fines for trash cans left out within 24 hours of pickup day
Can't ban parking personal or work vehicles in your driveway
Can't regulate things not visible from the street, neighbors or common areas
Can't ban vegetable gardens or clotheslines that aren't visible from the frontage
Start with a written request to the board and keep copies. If that fails, here's who handles what.
| Your issue | Where to go | How |
|---|---|---|
| Condo finances, budgets, reserves, records or elections | DBPR Division of Florida Condominiums, Timeshares & Mobile Homes | Online complaint at myfloridalicense.com · 850-488-1122 |
| Help understanding your rights as a condo owner | Office of the Condominium Ombudsman (part of DBPR) | Neutral resource; can help with elections and disputes |
| Condo disputes the board won't resolve | DBPR arbitration or presuit mediation, then court | Some disputes must go through arbitration first |
| HOA election or recall disputes | DBPR mandatory binding arbitration | Petition forms on myfloridalicense.com |
| Other HOA disputes (fines, rules, maintenance) | Presuit mediation (Fla. Stat. 720.311), then court | Skipping mediation can cost you attorney's fees |
| A community association manager or management firm | DBPR (manager licensing) | Online license complaint |
| Theft, embezzlement, kickbacks, forged ballots | Local police or sheriff and the State Attorney | These are crimes; DBPR also refers cases to law enforcement |
| Consumer fraud | Florida Attorney General | myfloridalegal.com |
| Housing discrimination | Florida Commission on Human Relations or HUD | Fair housing complaints |
| Unsafe building conditions | Your city or county building official | Can order inspections and repairs |
Is the association following the recommended funding? Are structural reserves fully funded?
Is it done? Did Phase 2 find problems? What repairs are planned?
Any approved, proposed or likely? Ask the manager and read 12 months of minutes.
Is the association borrowing to fund repairs, and how will owners repay it?
How much have dues risen, and what share goes to reserves and insurance?
Master policy coverage, deductibles and premium increases.
Lawsuits against the association or the developer.
Some condos can't get conventional loans until repairs or reserves are addressed; ask your lender early.
Rental minimums, pets, renovations and approval process.
Resale buyers can generally cancel within 3 business days after receiving the required documents (15 days for new developer sales).
Since 2022, condo buildings three or more stories tall need milestone structural inspections at 30 years and every 10 years after, and a structural integrity reserve study (SIRS) at least every 10 years. Associations can no longer waive reserves for structural items, and later laws added director education, website records, criminal penalties for fraud and more transparency.
A study by a licensed engineer, architect or reserve specialist of the building's key components (roof, structure, fireproofing, plumbing, electrical, waterproofing, windows and exterior doors, and other major items) estimating their remaining life and replacement cost, with a funding plan. It must be redone at least every 10 years.
Not for structural items covered by the SIRS. Owners can still waive or reduce other, non-structural reserves by majority vote. Under the 2025 law, owners may pause structural reserve funding for up to two annual budgets if a recent milestone inspection found repairs that must be paid for.
The 2025 law (HB 913) extended the deadline for the first SIRS to December 31, 2025. Associations that missed it can face DBPR enforcement, and buyers should ask for a copy.
Condo owners must receive at least 14 days' written notice of the board meeting where a special assessment will be considered, including its purpose. Money collected can only be used for that purpose.
Usually not. In most associations the board can levy special assessments for necessary repairs and reserves after proper notice. Some governing documents require an owner vote for certain items, so read your declaration and bylaws.
A condo director may not serve more than eight consecutive years, counting service from July 1, 2018, unless re-elected by two-thirds of the votes cast. Florida HOAs don't have a statutory term limit.
Yes. Boards can adopt electronic voting, and 25% of owners can petition for it. If the association has no system, owners may email ballots to the association's designated address, though they give up ballot secrecy.
Florida now makes it a crime to accept kickbacks or refuse to release records to avoid detection (third-degree felonies), destroy accounting records or commit election fraud (first-degree misdemeanors), and repeatedly deny records access (second-degree misdemeanor).
With the DBPR Division of Florida Condominiums, Timeshares and Mobile Homes for financial, records, election and reserve issues. The Condominium Ombudsman can help explain your rights. Crimes like theft or kickbacks go to local law enforcement.
Florida has no general HOA regulator. Election and recall disputes go to DBPR arbitration; most other disputes require presuit mediation before court. Crimes go to law enforcement, discrimination to the Florida Commission on Human Relations or HUD, and manager misconduct to DBPR.
Condo associations must make official records available within 10 working days of a written request. Associations with 25 or more units (condo) or 100 or more parcels (HOA) must also post key records on a website or app.
Yes. New condo directors must complete a 4-hour course covering milestone inspections, SIRS, records, finances, fines and meetings, then 1 hour of continuing education each year. HOA directors need 4 hours within 90 days and 4 or 8 hours a year depending on community size.
Not for parking a personal vehicle, or a work vehicle that isn't a commercial vehicle, in your own driveway. The 2024 law also bars fines for trash cans left out within 24 hours of pickup and requires a hearing within 90 days.
The SIRS and whether reserves follow it, the milestone inspection, any planned special assessments or loans, the budget and dues trend, insurance, litigation, financing eligibility and rental rules. Resale buyers generally have 3 business days to cancel after receiving the documents.
The 2026 session made no major changes to the condo or HOA acts. Updates to Florida's nonprofit-corporation law (HB 797), which governs most associations, took effect July 1, 2026.
I review the SIRS, milestone report, budget, minutes and assessment history with my buyers during the review period, and help sellers prepare the disclosures buyers now expect.
Condominium Act, Chapter 718 (2025), Florida House
flhouse.gov
HB 1021 (2024) staff analysis, Florida Senate
flsenate.gov
HB 1203 (2024) staff analysis, Florida Senate
flsenate.gov
HB 913 (2025) changes, Roetzel & Andress
ralaw.com
HB 913 explained, Withum
withum.com
Review of the 2026 legislative session, Becker
beckerlawyers.com
Condominium unit owner rights, DBPR
www2.myfloridalicense.com
File a condo complaint, DBPR
www2.myfloridalicense.com
Condo director term limits, Gerstin & Associates
gerstin.com
HOA arbitration rules (61B-80), DBPR
www2.myfloridalicense.com
Disclaimer: Geva Bar is a licensed real estate advisor with Compass, not an attorney, CPA, tax advisor, mortgage lender or title insurer. This page is general education only and is not legal, tax, lending or financial advice, and it does not create an attorney-client relationship. Figures, rates and laws change, and every transaction is different. Consult the appropriate licensed professional before acting. Compass Florida, LLC is a licensed real estate broker. Equal Housing Opportunity. Condo and HOA laws change frequently, and your association's governing documents may add requirements. Consult a Florida community association attorney for advice on your situation.