This guide is informational only and does not constitute legal advice. Florida condominium law changes frequently, and condominium documents can shift responsibility between the association and unit owners. Confirm the current statute, declaration, bylaws, local building requirements, insurance policy language, and legal advice before acting. Reflects our understanding as of July 2026.
01Why Chapter 718 needs its own guide
Florida Chapter 720 governs many homeowners associations. Chapter 718 governs condominiums. They overlap on everyday owner questions — meetings, records, dues, notices, fines, and board elections — but the legal and operational workload is very different.
In a condominium, the association isn't just managing amenities and enforcing rules. It's usually responsible for core building systems, common elements, insurance, structural inspections, reserve planning, and repair obligations that can directly affect life safety and unit habitability.
The most common condo questions aren't just “Can the board do this?” They are:
- Why did assessments increase after the reserve study?
- What is a structural integrity reserve study?
- Who pays for balcony, window, plumbing, roof, hallway, or concrete repairs?
- Does the association need a milestone inspection?
- What does the master insurance policy cover?
- Can the board waive reserves?
- Can the association levy a special assessment for structural repairs?
02Chapter 718 vs. Chapter 720
This guide uses the same structure as the Florida HOA Chapter 720 guide, but the substance below is rewritten for condominiums.
| Topic | Chapter 720 HOA | Chapter 718 Condominium |
|---|---|---|
| Governance | Board operates association | Board operates condominium property and common elements |
| Board meetings | Posted notice, owner attendance | More detailed notice, video, question, and recording rules |
| Elections | Varies by statute and documents | Detailed ballot, notice, eligibility, and education rules |
| Records | Official records and inspection rights | Broader records list, website rules for 25+ units, SIRS and inspection records |
| Assessments | Common expense funding | Common expenses, reserves, SIRS, insurance, special assessments |
| Collections & liens | HOA-specific lien process | Condo lien priority, interest, late fees, mortgagee liability, foreclosure |
| Reserves | Often optional or document-driven | Central operating issue, with SIRS limits on waiver |
| Milestone inspections | Usually not applicable | Major building-safety requirement for qualifying buildings |
| Insurance | Often basic common-area coverage | Association master policy plus owner HO-6 coordination |
| Common elements | Usually amenities or shared areas | Core legal concept: building, systems, limited common elements |
03Governance & board duties
Chapter 718 gives statutory recognition to the condominium form of ownership and governs the creation, sale, and operation of condominiums in Florida. A condominium association operates the condominium property and is usually a Florida corporation. Officers and directors have a fiduciary relationship to the unit owners.
For a practical board, fiduciary duty means being able to prove that it:
- Followed the statute, declaration, bylaws, and rules
- Used proper meeting notice before taking action
- Preserved official records
- Budgeted for common expenses and reserves
- Responded to records requests and certified inquiries
- Avoided conflicts, kickbacks, and self-dealing
- Treated structural, insurance, and maintenance issues as operational priorities, not political preferences
The governance difference from Chapter 720 is intensity. Condo boards are operating a shared building system. A missed reserve deadline, ignored inspection report, or unclear maintenance decision can become an assessment shock, insurance problem, lender concern, or safety issue.
04Meetings, notices & video conferences
Chapter 718 board meetings have familiar open-meeting concepts, but the details are more exacting than many HOA boards expect. For most residential condominium associations:
- Board meetings with a quorum present are open to all unit owners
- Owners have the right to attend and speak on designated agenda items
- Associations of more than 10 units must hold board meetings at least quarterly
- At least four times per year, the agenda must include an opportunity for members to ask questions
- Board members may email each other, but may not cast a vote by email
- Adequate notice must specifically identify all agenda items and be posted conspicuously at least 48 continuous hours before the meeting, except in an emergency
- Meetings may be conducted in person or by video conference if statutory access and recording requirements are satisfied
Meeting notice requirements
| Meeting type | Practical notice rule |
|---|---|
| Regular board meeting | Agenda-specific notice posted at least 48 continuous hours before the meeting, except emergencies |
| Board meeting on nonemergency special assessment or unit-use rule amendment | Notice mailed, delivered, or electronically transmitted to owners and posted conspicuously at least 14 days before the meeting |
| Annual meeting | Agenda notice mailed, hand delivered, or electronically transmitted to each unit owner and posted at least 14 continuous days before the meeting |
| Other unit owner meeting | Follow the bylaws; if no timeframe is specified, provide at least 14 continuous days’ notice |
| Video conference meeting | Include video hyperlink, conference telephone number, and physical location where owners can attend in person; must be recorded and kept as an official record |
Using generic agenda items like “old business” for assessment or contract votes. Treating website posting as a substitute for the required notice procedure. Forgetting the 14-day rule for special assessments and certain use-rule changes. Letting directors vote by email. Holding video meetings without a physical attendance location. Failing to record video meetings or keep the recordings as official records.
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05Elections & board eligibility
Condominium elections are more regulated than most HOA elections. Chapter 718 specifies candidate notices, ballot procedures, eligibility limits, board education, and records retention. Operationally, the board should calendar:
- First notice: at least 60 days before the scheduled election, send the first notice of the election date
- Candidate deadline: a person who wants to be a candidate must give written notice at least 40 days before the election
- Candidate information sheet: if requested, provide it at least 35 days before the election
- Second notice and ballot: send not less than 14 days and not more than 34 days before the election
- Annual meeting: the regular election occurs on the date of the annual meeting
Proxies generally may not be used in the election of board members in residential condominiums. Elections are by written ballot or voting machine, and at least 20 percent of eligible voters must cast a ballot for a valid election.
A person who is delinquent in paying an assessment due to the association is not eligible to be a candidate, and felony conviction restrictions may apply unless civil rights have been restored for the required period. Board members also face certification and education requirements — the curriculum must cover milestone inspections, structural integrity reserve studies, elections, recordkeeping, financial literacy and transparency, fines, and meeting notice requirements.
06Official records & website requirements
Records access is one of the most reusable concepts from the Chapter 720 guide, but Chapter 718 has a broader records universe. A condominium association must maintain official records from the association's inception, including governing documents, rules, minutes, video conference recordings, owner rosters, insurance policies, management contracts, accounting records, unit account statements, audits, financial reports, structural integrity reserve studies, inspection reports, bids, permits, required affidavits, and other operational records.
- Records must be organized to facilitate inspection
- Most official records must be maintained in Florida for at least 7 years unless another law provides otherwise
- Governing documents and meeting minutes are permanent records
- Structural integrity reserve studies and structural/life-safety inspection reports must be maintained for at least 15 years
- Records must be made available within 10 working days after receipt of a written request
- Failure to provide access within 10 working days creates a rebuttable presumption of willful failure
- Minimum damages for willful failure are $50 per calendar day for up to 10 days, beginning on the 11th working day after receipt of the request
- The association must provide a checklist of records made available and records withheld, and keep that checklist for 7 years
Website requirement for 25+ unit condominiums
Associations managing condominiums with 25 or more units and no timeshare units must post specified digital records on an association website or mobile application — governing documents, rules, recent board minutes, video meeting recordings or links, contract and bid information, budgets, financial reports, director certifications, conflict documents, meeting notices, agendas, and SIRS-related materials.
This is a major difference from many HOA operations. Condo records aren't just “available if someone asks.” For many associations, a live document portal is part of compliance, not an optional convenience.
07SIRS: Structural Integrity Reserve Studies
Structural Integrity Reserve Studies, or SIRS, are one of the biggest Chapter 718 search topics because they explain why many Florida condo budgets changed after the Surfside-era reforms.
Under Chapter 718, a residential condominium association must have a structural integrity reserve study completed at least every 10 years after the condominium's creation for each building on the condominium property that is three habitable stories or higher.
At minimum, the SIRS must address:
- Roof
- Structure, including load-bearing walls and primary structural systems
- Fireproofing and fire protection systems
- Plumbing
- Electrical systems
- Waterproofing and exterior painting
- Windows and exterior doors
- Other items with deferred maintenance expense or replacement cost above the statutory threshold, where failure to maintain them negatively affects the items above
The study is based on a visual inspection and must be performed or verified by a qualified professional: a Florida-licensed engineer, Florida-licensed architect, or a certified reserve specialist or professional reserve analyst as permitted by statute. It must identify inspected items, estimated remaining useful life, estimated replacement cost or deferred maintenance expense, and a reserve funding plan — and must consider whether the association is funding obligations through regular assessments, special assessments, lines of credit, or loans.
This video from Community Living traces how the Surfside collapse led directly to the SIRS and milestone inspection requirements below — and why lenders and insurers changed their expectations even outside Florida.
Existing associations
Associations existing on or before July 1, 2022, that are controlled by unit owners other than the developer must complete a SIRS by December 31, 2025, for each three-story-or-higher building. If the association is required to complete a milestone inspection on or before December 31, 2026, the SIRS may be completed simultaneously with that inspection, but not after December 31, 2026.
SIRS board checklist
- Identify every building that is three habitable stories or higher
- Confirm whether a milestone inspection is also due
- Select a qualified SIRS professional
- Require conflict disclosures from professionals who may bid on recommended work
- Track inspected components and funding recommendations
- Update the study if the funding method changes
- Distribute the study or availability notice within 45 days after receiving it
- File the required completion statement with the Division
- Maintain the SIRS for at least 15 years
08Milestone inspections
Milestone inspections come from Florida Statutes § 553.899, not Chapter 718 itself, but Chapter 718 makes condominium associations responsible for arranging and complying with milestone inspection requirements when applicable.
The law applies to condominium and cooperative buildings that are three habitable stories or more in height. The inspection is performed by a Florida-licensed architect or engineer and focuses on structural safety, load-bearing elements, primary structural members, and primary structural systems.
- A qualifying building must have a milestone inspection by December 31 of the year it reaches 30 years of age, based on the certificate of occupancy date
- Inspections repeat every 10 years
- A local enforcement agency may require a 25-year cycle based on local circumstances, including proximity to salt water
Chapter 718 adds board-level duties:
- Arrange for the milestone inspection
- Pay costs attributable to portions of the building the association maintains
- Notify owners within 14 days after receiving written notice from the local enforcement agency that an inspection is required
- Within 45 days after receiving a phase one or phase two milestone inspection report, distribute the inspector-prepared summary to owners, post it conspicuously on the property, and publish the full report and summary on the association website if one is required
Relevant law: Fla. Stat. § 553.899 (milestone inspections) · Fla. Stat. § 718.301, 718.112 (association duties)
09Reserve funding & why condo fees rise
For many owners, the practical question isn't “What is a reserve?” It's “Why did my dues or special assessment jump?”
Chapter 718 requires the annual budget to include reserve accounts for capital expenditures and deferred maintenance. Required categories include roof replacement, building painting, pavement resurfacing, and other qualifying items above the statutory threshold. For associations required to obtain a SIRS, reserves must be maintained for the SIRS items the association is responsible for under the declaration.
- Owners may still have some ability to vote for reduced or waived reserves for certain non-SIRS categories
- For budgets adopted on or after December 31, 2024, associations required to obtain a SIRS may not vote to provide no reserves or less reserves for SIRS-listed items, except for limited alternative funding situations allowed by statute
- Reserve funds must generally stay in reserve accounts and be used only for authorized reserve expenditures unless required owner approval is obtained
- SIRS-related reserves have separate pooling restrictions
A board can no longer treat structural reserves like an ordinary budget preference. If the association is responsible for the component and the SIRS requires funding, the board needs a compliant funding path — that's the rule change most homeowners actually feel as a dues or assessment increase.
10Insurance: association vs. unit owner
Florida condominium insurance is very different from ordinary HOA insurance because the association insures parts of a shared building and owners insure personal unit-level exposures.
- The association must maintain adequate property insurance for every residential condominium
- Coverage is generally based on replacement cost, updated by independent appraisal at least every 3 years
- Association policy deductibles should be consistent with industry standards for similar communities
- Insurance costs are common expenses
- Unit owners typically need their own HO-6 policy for personal property, personal liability, interior items not covered by the association policy, loss assessment exposure, and additional living expense
Boards should be careful not to overpromise what the master policy covers. Owners often assume “the building is insured” means their flooring, cabinets, upgrades, personal property, temporary relocation, and deductible share are covered — that's usually a bad assumption.
| Question | Practical answer |
|---|---|
| Does the master policy cover my unit? | It covers association-insured property, not everything inside the unit. Review the statute, declaration, and policy. |
| Do I need HO-6 insurance? | Usually yes — confirm personal property, interior coverage, liability, loss assessment, and additional living expense with an insurance professional. |
| Who pays the deductible? | Depends on the statute, declaration, board policy, and whether the loss affects common elements, units, or both. |
| Does the association insure flood? | Do not assume — depends on location, lender requirements, policy purchase, and governing documents. |
| Can a loss assessment hit owners? | Yes, if the association has uncovered costs, deductibles, or repair obligations funded through assessment. |
11Common elements & maintenance responsibility
Condominiums turn maintenance into a legal map. The key question isn't “Who caused the problem?” It's often “Is this part of the unit, common elements, limited common elements, or association property — and what does the declaration say?”
Chapter 718 defines common elements as the portions of condominium property not included in the units. Limited common elements are common elements reserved for use by certain units to the exclusion of others, as specified in the declaration. § 718.113 makes maintenance of common elements the association's responsibility, except for limited common elements assigned to unit owners by the declaration.
Sample maintenance matrix
This matrix is only a planning aid — the declaration controls.
| Item | Usually association | Usually owner | Depends on declaration |
|---|---|---|---|
| Roof | Yes | No | Sometimes |
| Structural concrete | Yes | No | Sometimes |
| Exterior paint / waterproofing | Yes | No | Sometimes |
| Hallways and lobbies | Yes | No | Rarely |
| Elevators | Yes | No | Rarely |
| Main plumbing lines | Yes | No | Sometimes |
| Plumbing fixtures inside unit | No | Yes | Sometimes |
| Drywall, cabinets, flooring | No | Yes | Sometimes |
| Windows and exterior doors | Often | Sometimes | Yes |
| Balcony slab / railing / waterproofing | Often | Sometimes | Yes |
| HVAC serving only one unit | Sometimes | Sometimes | Yes |
| Electrical panel serving one unit | Sometimes | Sometimes | Yes |
The maintenance matrix is one of the most useful tools a condo board can publish internally. It reduces owner frustration, prevents inconsistent answers, and helps management triage work orders.
12Assessments, liens & collections
Condo assessments fund common expenses, reserves, insurance, inspections, repairs, and association operations. Under Chapter 718, a unit owner is liable for assessments that come due while they own the unit, and buyers may have joint and several liability with the prior owner for unpaid assessments that came due before transfer.
- If the declaration does not provide a different rate, unpaid assessments accrue interest at 18% per year
- If authorized by the declaration or bylaws, the association may charge an administrative late fee up to the greater of $25 or 5% of the delinquent installment
- Payments are applied first to interest, then late fees, then collection costs and attorney fees, then delinquent assessments
- The association has a lien on each condominium parcel to secure assessments
- As to first mortgages, the lien is effective from and after recording a claim of lien
- A first mortgagee that acquires title through foreclosure or deed in lieu generally has capped liability for prior unpaid assessments: the lesser of 12 months of unpaid common expenses/regular assessments, or 1% of the original mortgage debt, when statutory conditions are met
Condo collections should be handled with a clean ledger and counsel-approved process. Structural assessments, insurance-driven assessments, and reserve catch-up assessments are often emotionally charged, so documentation matters more than usual.
13Fines, suspensions & enforcement
Chapter 718 allows the association to levy reasonable fines for failure to comply with the statute, declaration, bylaws, or reasonable rules. Fines may not become a lien against the unit. The default cap is up to $100 per violation, up to $1,000 in the aggregate.
A fine may be levied on the basis of each day of a continuing violation with a single notice and opportunity for hearing before a committee as provided by statute. Associations may also suspend certain common element, common facility, or association property use rights for rule violations, subject to statutory limits and procedures.
Condo enforcement differs from HOA enforcement because many disputes are tied to shared-building conditions: leaks, noise transmission, balcony use, flooring rules, renovation approvals, elevator reservations, contractor access, and insurance-risk behavior. Boards should document the rule, notice, cure opportunity, hearing process, committee decision, and ledger treatment.
14Board operating calendar
Chapter 718 compliance works best as a calendar, not a binder.
| Timing | Board task |
|---|---|
| Monthly | Review delinquency report, work orders, contracts, insurance claims, and owner requests |
| Quarterly | Hold required board meeting if the association has more than 10 units; include member questions at least four times per year |
| Annually | Adopt the budget at least 14 days before the start of the fiscal year |
| Annually | Update the question-and-answer sheet |
| Annually | Confirm website/app postings for required documents if the 25+ unit rule applies |
| Election cycle | First notice 60+ days before election; track 40-day candidate deadline; second notice and ballot 14–34 days before |
| Every 3 years | Obtain or update the insurance replacement cost appraisal at minimum |
| Every 10 years | Complete SIRS for qualifying three-story-or-higher residential buildings |
| Building age trigger | Complete milestone inspection by the 30-year trigger (or 25-year if required locally), and every 10 years after |
| After SIRS receipt | Within 45 days, distribute the study or availability notice and file the required statement with the Division |
| After milestone report receipt | Within 45 days, distribute the inspector-prepared summary, post it on property, and publish required website materials if applicable |
FAQFrequently asked questions
Is Chapter 718 the same as Chapter 720?+
No. Chapter 720 governs many Florida homeowners associations. Chapter 718 governs condominiums and includes condominium-specific rules for common elements, association insurance, reserve funding, structural integrity reserve studies, milestone inspections, elections, and records.
Does every Florida condo need a structural integrity reserve study, and how often?+
The SIRS requirement applies to residential condominium associations for each building on the condominium property that is three habitable stories or higher. For qualifying buildings, Chapter 718 requires a SIRS at least every 10 years after the condominium’s creation.
What components are included in a SIRS?+
At minimum, the statute lists roof, structure, fireproofing and fire protection systems, plumbing, electrical systems, waterproofing and exterior painting, windows and exterior doors, and certain other high-cost items whose failure negatively affects those listed components.
Can a Florida condo waive reserves?+
For some reserve categories, owners may have voting options. But for budgets adopted on or after December 31, 2024, associations required to obtain a SIRS generally may not vote to provide no reserves or less reserves for SIRS-listed items, except for limited alternative funding situations allowed by statute.
What is a Florida milestone inspection, and when is it due?+
A milestone inspection is a structural inspection of a qualifying condominium or cooperative building by a licensed architect or engineer. The general statewide rule is the year a qualifying building reaches 30 years of age and every 10 years after. A local enforcement agency may require a 25-year trigger based on local conditions such as proximity to salt water.
Who pays for balcony repairs in a Florida condo?+
It depends on the declaration and the nature of the balcony component. Balcony slabs, railings, waterproofing, surface finishes, and owner-installed improvements may be treated differently. The declaration, maintenance provisions, insurance provisions, and repair facts must be reviewed together.
Does the condo association’s insurance cover everything inside my unit?+
No. The association must maintain required property insurance for association-insured property, but unit owners usually need their own HO-6 coverage for personal property, liability, interior items, loss assessment exposure, and additional living expenses.
Can a Florida condo fine an owner?+
Yes, Chapter 718 allows reasonable fines for violations, generally capped at $100 per violation and $1,000 in the aggregate. A fine may not become a lien against the unit.
How fast must a condo association provide records?+
Official records must be made available within 10 working days after receipt of a written request. Failure to provide records within that period creates a rebuttable presumption of willful failure, with minimum damages of $50 per calendar day for up to 10 days beginning on the 11th working day.
Does a Florida condo need a website?+
Many do. A condominium association managing a condominium with 25 or more units and no timeshare units must post specified records on a website or mobile application with protected owner access.
SourcesOfficial sources
- Florida Statutes Chapter 718 — Condominiums
- § 718.103 — Definitions
- § 718.111 — The association
- § 718.112 — Bylaws, meetings, elections, budgets, reserves, and SIRS
- § 718.113 — Maintenance and material alterations
- § 718.115 — Common expenses and common surplus
- § 718.116 — Assessments, liens, interest, and collections
- § 718.303 — Fines, suspensions, and remedies
- § 553.899 — Mandatory structural inspections for condominium and cooperative buildings