Essential Legal Information For Florida Condominium Owners ( PDF Version)

Essential Legal Information for Florida Condominium Owners 1. Florida Condominium Act (Chapter 718, Florida Statutes)

  • Link to the full text: https://www.leg.state.fl.us
  • Highlights to include:
    o 718.111 – Powers and duties of the association
    o 718.112 – Bylaws and notice requirements
    o 718.113 – Maintenance responsibilities
    o 718.116 – Assessment collection and late fees
    o 718.121 – Lien rights
    o 718.303 – Owner rights and penalties for HOA misconduct
    o 718.501 – Oversight by the DBPR (Dept. of Business & Professional Regulation)
  1. Florida Administrative Code (FAC) – DBPR Rules
  • Covers how the Department of Business and Professional Regulation enforces the Condominium Act.
  • Relevant rules: 61B-15 to 61B-24 FAC https://www.flrules.org/gateway/Division.asp?DivID=274
  1. Owner Rights to Access Records (per §718.111(12), F.S.)
  • Owners are entitled to inspect:
    o All contracts (e.g., internet, TV, landscaping)
    o Financial records and budgets
    o Minutes from meetings
    o Complaints and correspondence related to operations
  • Must be provided within 10 business days of request or subject to penalties.
  1. Meeting Notice & Voting Rights
  • Owners must receive at least 14-day written notice for board meetings where assessments will be discussed.
  • Proxy voting and quorum requirements must follow 718.112(2).
  1. Complaint & Enforcement Options
  • Where to file:
    o DBPR Condominium Ombudsman: For violations, elections, access to records.
     DBPR Complaint Form https://www.myfloridalicense.com/DBPR/condominiums-and-cooperatives/complaints/
    o Florida Attorney General (for deceptive trade or HOA abuse)
    o FCC & FDACS: For internet or service-related issues (e.g., bulk contracts like Bluestream)
  1. Emotional Support Animal (ESA) Rights
  • Governed by:
    o Fair Housing Act (FHA)
    o Florida Statutes §760.27
  • HOAs cannot require ESA registration fees or deny reasonable accommodation based on breed or weight.
  • Owners may provide:
    o Licensed healthcare provider’s letter
    o Basic pet info (not extensive vet records unless medically relevant)
  1. Dispute Resolution & Arbitration
  • Mandatory non-binding arbitration is required before many types of litigation (per §718.1255).
  • Disputes that typically go to arbitration:
    o Election challenges
    o Records access disputes
    o HOA contract enforcement (e.g., failure to deliver services)
  1. Assessment & Reimbursement Protections
  • Owners cannot be charged for services not received or used without proper documentation.
  • Special assessments must be properly voted and disclosed.
  • Owners have rights to challenge assessments in some cases.
  1. Anti-Retaliation Protections
  • It is illegal for an HOA or board to retaliate against a unit owner for:
    o Filing a complaint
    o Requesting records
    o Filing with DBPR
    o Requesting reasonable ESA accommodations
    In Florida, some limited free legal assistance is available for homeowners, especially in cases involving HOA or condominium disputes — but it depends on your situation, income level, and the nature of your case. Here’s a breakdown of your options for free or low-cost legal help:
  1. Legal Aid Organizations (Income-Based)
    These nonprofits offer free legal assistance to low- or moderate-income residents:
  • Florida Rural Legal Services (FRLS) Covers Martin County (including Stuart). Handles housing, HOA/condo disputes, and other civil matters. Website: https://www.frls.org Phone: (888) 582-3410
  • Legal Aid Society of Palm Beach County May assist if jurisdiction overlaps. Website: https://legalaidpbc.org
  1. Florida Bar Lawyer Referral Service
    While not free, they can connect you with an attorney for a reduced-fee consultation (typically ~$25 for 30 minutes). Website: https://lrs.floridabar.org Phone: (800) 342-8011
  2. Florida Bar’s Consumer Resources & Public Programs
    Includes access to:
  • Consumer pamphlets (on HOA/condo law)
  • Pro bono resources
  • Complaints against lawyers or associations
    Website: https://www.floridabar.org/public/
  1. County Civil Mediation Programs
    In some counties, civil mediation or arbitration for HOA disputes is offered at low or no cost through the Clerk of Court or Court Mediation Services.
    Check with:
  • Martin County Clerk of Court Website: https://www.martinclerk.com Phone: (772) 288-5576
    Important Notes:
  • These services may not handle ongoing or highly complex HOA litigation, but they can help evaluate your case, write letters, and sometimes represent you at arbitration or hearings.
  • If your dispute involves discrimination (e.g., ESA denials), you may also qualify for help from HUD Fair Housing organizations or civil rights groups. Florida Condo Owners: Frequently Asked Questions (FAQs)
    Can the condo board enter my unit without permission?
    Answer: Only in emergency situations or with proper notice. Florida Statute §718.111(5) requires reasonable notice, typically 24–48 hours, unless there is an emergency.
    What rights do I have to access HOA records?
    Answer: You have the right to inspect or copy official records within 10 business days of a written request (F.S. §718.111(12)). This includes financials, contracts, meeting minutes, and correspondence.
    How much notice must the board give for meetings?
    Answer: For regular board meetings, at least 48 hours notice is required. For meetings where assessments or budget changes will be discussed, 14 days written notice must be given (F.S. §718.112(2)).
    What is considered an “emotional support animal” under Florida law?
    Answer: An ESA is an animal that provides therapeutic benefits to its owner, verified by a licensed health professional. Florida law (F.S. §760.27) and federal FHA prohibit HOAs from discriminating against ESAs.
    Can my HOA deny my emotional support animal due to its breed or size?
    Answer: No. Breed, size, or weight restrictions cannot be used to deny an ESA if appropriate documentation is provided.
    Is the HOA allowed to charge fees for having an ESA?
    Answer: No. Charging a pet fee, deposit, or any “registration” fee for an ESA is unlawful under federal and Florida law.
    Can I be fined for a rule I didn’t know about?
    Answer: Not unless the rule was adopted correctly and communicated. You also have the right to a hearing before an independent committee before a fine becomes final.
    What should I do if I believe the HOA is not enforcing a vendor contract (e.g., cable or internet)?
    Answer: First, submit a written complaint to the board. If unresolved, you may escalate the matter to DBPR, arbitration, or legal action due to a failure to enforce contractual obligations.
    What if the HOA refuses to provide copies of the records I’ve requested?
    Answer: If the HOA fails to comply within 10 business days of a written request, they may be subject to a fine and legal penalties under F.S. §718.111(12)(c).
    Can I be forced to pay for a service (like internet or TV) that doesn’t work?
    Answer: You can contest the charges. If a bulk contract isn’t being fulfilled, the HOA must act. Document service issues and submit a complaint to both the HOA and the appropriate regulatory agency.
    Can the board impose new rules without a vote?
    Answer: The board can adopt rules for common areas, but rules affecting unit use or owner rights often require a unit owner’s vote or a properly noticed meeting.
    Is arbitration required before suing my HOA?
    Answer: For certain disputes (e.g., election challenges, record access), Florida law requires nonbinding arbitration through DBPR before filing a lawsuit.
    Can I attend board meetings?
    Answer: Yes. Florida law guarantees unit owners the right to attend, speak at, and record board meetings (with some exceptions, such as legal or personnel matters).
    What is the role of DBPR in condo disputes?
    Answer: The Department of Business & Professional Regulation (DBPR) enforces the Condominium Act. It provides complaint handling, arbitration services, and oversight.
    What is my recourse if the HOA is retaliating against me?
    Answer: Retaliation is prohibited by law. You can report retaliation (e.g., selective enforcement, intimidation) to DBPR or seek legal counsel.
    Can the HOA prohibit me from installing internet or cable from another provider?
    Answer: In most cases, no. Even with a bulk contract, HOAs cannot prohibit you from subscribing to an alternative service—though they may still require payment for the bulk service if contractually obligated.
    Can a board member be removed?
    Answer: Yes. Owners can initiate a recall vote under F.S. §718.112(2)(j), often requiring a majority vote of all unit owners.
    How do I make a formal complaint against the HOA or management company?
    Answer: Complaints can be filed with:
  • DBPR (condo-related disputes): myfloridalicense.com
  • FDACS (for service provider issues)
  • FCC (for telecom/internet problems)
    What if I don’t receive proper notice of a fee or special assessment?
    Answer: Lack of proper notice may invalidate the assessment. All assessments must follow proper notice and meeting protocols as outlined in F.S. §718.112.
    Do board members need to have any education or certification to serve on a Florida condo board?
    Answer: Yes. Under Florida Statute §718.112(2)(d)4.b, newly elected or appointed board members must complete a board certification course or sign a certificate of having read and understood the association’s governing documents and relevant laws within 90 days of taking office. This requirement helps ensure board members understand their fiduciary duties and obligations.
    Is the property management company required to keep a current list of all owners and residents (even those not financially responsible)?
    Answer: Yes. Associations are required to maintain a current roster of unit owners and residents under Florida Statute §718.111(12). While only owners are financially responsible, occupants, renters, and others living in the unit should be disclosed and tracked for legal, safety, and communication purposes.
    Is the HOA required by law to maintain up-to-date contracts, meeting notices, certifications, and official records on its website?
    Answer: Yes, for condo associations with 150 or more units, per Florida Statute §718.111(12)(g). These associations must maintain a website with current versions of:
  • Governing documents (Declaration, Bylaws, Rules)
  • All contracts entered into by the association
  • Notices and agendas for upcoming board meetings
  • Certifications for current board members
  • Financial reports
  • Amendments and meeting minutes For associations with fewer than 150 units, maintaining a website is optional, but all records must still be made available upon request. Q: If the condominium documents allow only one pet, does an emotional support animal (ESA) count toward that limit?
    A: No, under both federal and Florida law, an emotional support animal (ESA) is not considered a pet for the purpose of enforcing pet restrictions.
    Per the Fair Housing Act (FHA) and Florida Statute §760.27, residents are legally entitled to request a reasonable accommodation for an ESA, even if the community has:
  • A “no pets” policy
  • A one-pet-per-unit restriction
  • Size or breed limits
    An ESA must be supported by appropriate documentation (usually a letter from a licensed healthcare provider). Once approved, an ESA is treated as a medical accommodation, not a personal pet. However, any additional animals may still be subject to the community’s pet restrictions. Example: If a condo allows one pet and you have an ESA, the ESA does not count as your one allowed pet — meaning you could have your ESA plus one pet, as long as the pet complies with association rules.
    In Florida, the “10-day rule” refers to the legal requirement that a condominium or HOA must provide access to official records within 10 working days of a written request by a unit owner (Florida Statutes §718.111(12) for condos, §720.303(5) for HOAs). What If the Records Are Not Maintained or Updated?
    If the association fails to maintain required records—such as current contracts, meeting minutes, or governing documents—it does not relieve them of the obligation to provide access within 10 days. Instead, it potentially worsens their legal position:
    Key Legal Implications:
  1. Violation of Statutory Duty
  • Failing to maintain or produce official records within 10 days is a statutory violation.
  • Florida law presumes the violation to be willful if records aren’t provided within the timeframe.
  • This can trigger statutory penalties, including damages of $50 per day for up to 10 days ($500 max), per Florida Statute 718.111(12)(c) (condos) or 720.303(5)(c) (HOAs).
  1. Administrative Complaint or Arbitration
  • Owners may file a DBPR complaint (for condos) or initiate mandatory arbitration.
  • HOAs (under Chapter 720) may be sued in court for noncompliance.
  1. Increased Legal Exposure
  • A failure to maintain records can be viewed as gross mismanagement or bad faith.
  • Courts or state regulators may remove board members, impose fines, or demand compliance via order.
    Commonly Missing or Required Documents:
    Under Florida law, associations must maintain (and produce on request):
  • All contracts (e.g., Bluestream agreement)
  • Meeting minutes (board and membership)
  • Financial reports and budgets
  • Rules and regulations
  • Rosters of owners and tenants
  • Insurance policies
  • Records of board certifications
  • Architectural approvals or denials
    Bottom Line:
    Even if the association fails to maintain records, they’re still legally obligated to produce what they do have within 10 days—and their failure to maintain those records is a separate violation that can be pursued in tandem.
    If you’ve made a records request and received no reply or partial/incomplete documents, you may now be entitled to file a formal complaint and seek penalties.
    In Florida, both the Homeowners’ Association (HOA) Board of Directors (BOD) and the Property Manager have defined legal and fiduciary responsibilities. Here’s a breakdown of their respective duties regarding maintenance and management, based on Florida Statutes (primarily Chapters 718 [Condominium] and 720 [HOA]) and typical governing documents:
    HOA Board of Directors – Maintenance Responsibilities
    The HOA Board is responsible for ensuring that all common areas and association-owned property are properly maintained. This includes:
  1. Common Elements / Common Areas
  • Roads, sidewalks, driveways (if association-owned)
  • Clubhouses, pools, fitness centers, and recreational amenities
  • Roofs, exterior walls, and structural components (in condos)
  • Landscaping and irrigation systems
  • Storm drainage systems
  • Perimeter fences and gates
  1. Building Systems (Condos)
  • Plumbing lines
  • Electrical systems (up to the point of individual unit service)
  • Fire suppression, elevators, and HVAC systems (if shared)
  1. Legal and Administrative Duties
  • Maintaining records of all contracts, meeting minutes, financials, and reports
  • Enforcing the declaration of covenants, bylaws, and rules
  • Ensuring compliance with Florida statutes (e.g., budgeting, reserves)
  • Maintaining insurance on common property
  • Hiring and supervising professionals (e.g., engineers, attorneys, auditors)
  1. Dispute Resolution
  • Managing complaints, rule enforcement, and conflict resolution
  • Responding to owner communications within a reasonable time
    Property Manager – Responsibilities (as Agent of the Board)
    The Property Manager acts on behalf of the Board but does not set policy. Their role is operational and administrative, typically including:
  1. Vendor Oversight
  • Coordinating repairs and maintenance
  • Obtaining competitive bids and managing service contracts
  1. Owner Communication
  • Handling maintenance requests, architectural reviews, and rule violation notices
  • Disseminating newsletters, notices, meeting agendas
  1. Records Management
  • Keeping and updating the official roster of owners and residents
  • Maintaining accessible records for financials, insurance, and contracts
  • Assisting in the preparation and posting of meeting notices and minutes
  1. Financial Administration
  • Billing assessments and dues
  • Managing day-to-day banking and disbursements
  • Preparing financial statements and budgets for board approval
    Legal Requirements
    Under Florida law, both the Board and the Property Manager must:
  • Maintain official records for at least 7 years
  • Make records available to homeowners upon written request (within 10 business days for condos, 15 for HOAs)
  • Keep contracts, rules, financials, and meeting notices accessible (and increasingly via website, if over a size threshold)
    If a Homeowners’ Association (HOA) Board of Directors or Property Manager fails to meet their legal, contractual, or fiduciary obligations in Florida, there are multiple legal and regulatory consequences. Here’s what can happen:
    Consequences of Board or Property Manager Failure
  1. Homeowner Legal Action
    Homeowners can:
  • File complaints with state agencies (such as the Florida Department of Business & Professional Regulation – DBPR)
  • Initiate arbitration, mediation, or lawsuits for:
    o Breach of fiduciary duty
    o Negligent maintenance or repairs
    o Failure to enforce (or selective enforcement of) governing documents
    o Financial mismanagement or misuse of funds
    o Violations of state law (like failing to provide records)
  1. Loss of Director Protections
    If board members act in bad faith or outside the scope of their duties:
  • They may lose protection under the corporate shield, meaning they can be personally liable.
  • Fiduciary duties include acting in good faith, in the best interests of the association, and with due care.
  1. Administrative Penalties
    Florida DBPR (for condos) or civil court (for HOAs) can:
  • Levy fines
  • Order corrective action
  • Force access to records
  • In severe cases, seek removal or suspension of board members
  1. Civil Liability
    If poor maintenance leads to:
  • Property damage, personal injury, or loss of access to services, the association may be sued for damages.
  • Examples include a collapsed roof not repaired, mold growth, or non-functioning common elements (like elevators or gates).
  1. Insurance Impacts
    Failure to maintain property or uphold fiduciary duties may:
  • Lead to insurance claim denials
  • Invalidate coverage (especially for D&O – Directors & Officers policies)
  • Increase premiums or lead to policy cancellations
  1. Recall or Election Challenges
    If the Board fails consistently, homeowners can:
  • Call a recall vote (Florida law allows members to remove board members with majority vote)
  • Challenge an election if it’s believed to be improper or unrepresentative
    Common Triggers for Legal Action
  • Failure to repair damage or maintain safety of common areas
  • Refusal or delay in providing records
  • Enforcing a rule selectively (e.g., pet restrictions, architectural changes)
  • Denial of reasonable accommodation (e.g., emotional support animals)
  • Failing to hold meetings, elections, or provide notice
    How Homeowners Can Protect Themselves
  • Document all communication in writing
  • Keep copies of requests, complaints, and service issues
  • Join board meetings and review minutes
  • Use Florida DBPR or HOA legal aid resources for advice and filings
    As of January 1, 2025, several new Florida laws affecting condominium and homeowners associations (HOAs) went into effect, aiming to increase transparency, board accountability, recordkeeping standards, and unit owner rights. Below is a summary of the most relevant updates for condo and HOA communities like yours:
    Key Florida HOA & Condo Law Changes Effective January 2025
  1. Mandatory Digital Access to Records (Condos & HOAs)
  • Associations with 25 or more units or parcels are now required to maintain an official website or online portal.
  • Must publish all official records, including:
    o Contracts (e.g., internet/TV providers)
    o Meeting notices, agendas, and minutes
    o Governing documents (CC&Rs, bylaws, rules)
    o Annual budgets and financials
    o Board certifications Applies to: Both condominiums (Chapter 718) and HOAs (Chapter 720)
  1. Board Member Education & Certification
  • New board members must complete a state-approved education course within 90 days of election/appointment (even if self-certified previously).
  • Training must cover fiduciary duties, financial management, conflict of interest, and statutory compliance.
  • Annual refresher certification is required to remain in compliance.
  1. Improved Access to Records Requests
  • Associations must:
    o Acknowledge records requests within 5 business days
    o Fulfill requests within 10 business days (unchanged from previous law)
  • Failure to respond is now presumed willful and may lead to daily fines and other legal consequences.
  1. Criminal Penalties for Records Falsification
  • Knowingly destroying, hiding, or falsifying association records is now a misdemeanor offense, with potential criminal penalties.
  • Board members and property managers can be held personally liable for willful violations.
  1. Conflict of Interest & Vendor Disclosure (NEW Requirements)
  • Any contract over $2,500 involving a board member or relative must be fully disclosed to all members, approved in a public board vote, and posted online.
  • Board members must disclose any financial interests in vendors or service providers.
  1. Elections, Term Limits & Resignation Rules
  • Clearer procedures for:
    o Nomination processes
    o Term limits (generally 8 consecutive years, unless no other willing candidates)
    o Filling vacant seats
  • Resigned or recalled board members must vacate and surrender association records within 5 business days.
  1. Expanded Enforcement Rights for Owners
  • Owners can now pursue arbitration, mediation, or legal action more easily if associations:
    o Fail to maintain records
    o Enforce rules inconsistently or selectively
    o Withhold access to services paid through dues
  1. HOAs Must Maintain a List of Residents
  • HOAs must now maintain a complete list of owners, tenants, and long-term occupants.
  • Contact information must be accurate and up-to-date for communication and emergency access.
  1. Website Hosting Requirements
  • Association websites must be:
    o Publicly accessible (or member-accessible via secure login)
    o Updated regularly
    o Include an archive of documents for at least 7 years
  1. Increased DBPR Oversight (Condos Only)

You now have more legal tools to enforce your rights as a homeowner and resident. Disclaimer: Disclaimer: This document is for informational purposes only and does not constitute legal advice. Laws may change, and specific circumstances vary. For legal guidance, consult a qualified Florida condominium attorney.

The Florida Department of Business and Professional Regulation (DBPR) has expanded authority to:
o Investigate complaints
o Audit financials and records
o Enforce board member training compliance
o Sanction associations that fail to follow recordkeeping or transparency rules
What This Means for You

If your HOA or condo board does not publish current contracts, minutes, or certifications, they may be in violation.

Boards that ignore record requests or apply rules inconsistently can now face stronger owner challenges.