New Community Association Laws from the 2025 Legislative Session

LEGISLATIVE UPDATE OF NEW COMMUNITY ASSOCIATION LAWS

IN THE 2025 LEGISLATIVE SESSION

The following is our post-Legislative Session report on the community association law changes from the 2025 Legislative Session. The full text of each bill, as well as applicable legislative staff reports, are available on the legislative web sites (www.flsenate.gov; www.myfloridahouse.com; and www.leg.state.fl.us.).   All changes are effective as of July 1, 2025, or as noted.

 

DISCLAIMER: This memorandum is not a substitute for seeking guidance from counsel in connection with specific disputes and legal uncertainties.  You should seek legal advice from a Florida licensed attorney before making any decisions.

CONDOMINIUM ASSOCIATIONS (F.S. Chapter 718)  – House Bill 913

 

1. Alternative Multi-Condominium Funding for Reserves– S. 718.103(1)

Alternative funding of reserves is now allowed for all multi-condominiums. Formerly it was only allowed for multi-condominiums with at least 25 condominiums. Alternative funding is a program to be developed by the State and is different than the new law that allows special assessments, loans and credit lines to fund reserves.

2. Video Conference Meetings– S. 718.103(33)

 

“Video conference” means a real-time audio and video-based meeting between two or more people in different locations using video-enabled and audio-enabled devices. The notice for any meeting that will be conducted by video conference must have a hyperlink and call-in conference telephone number for unit owners to attend the meeting and must have a physical location where unit owners can also attend the meeting in person. All meetings conducted by video conference must be recorded, and such recording must be maintained as an official record of the association.

 

3. Amendment of Declaration– S. 718.110

The declaration of a nonresidential condominium formed on or after July 1, 2025 may be amended to change the configuration or size of a unit in any material fashion, materially alter or modify the appurtenances to the unit, or change the proportion or percentage by which the unit owner shares the common expenses of the condominium and owns the common surplus of the condominium, if the record owners of all affected units and all record owners of liens on the affected units join in the execution of the amendment. The approval of the record owners of the nonaffected units in such condominium is not required.

 

4. Management Contracts – S. 718.111(3)

 

468. If an association contracts with a CAM or a CAM Firm, the CAM or CAM Firm must possess all applicable licenses required by Part VIII of Chapter 468. All board members or officers of an association that contracts with a CAM or CAM Firm have a duty to ensure that the CAM or CAM Firm is properly licensed before entering into a contract.
469. If a contract is between a CAM and the association, and the CAM has his or her license suspended or revoked during the term of a contract with the association, the association may terminate the contract upon delivery of a written notice to the CAM whose license has been revoked or suspended, effective on the date the CAM became unlicensed.
470. If a CAM Firm has its license suspended or revoked during the term of a contract with the association, the association may terminate the contract upon delivery of a written notice to the CAM Firm whose license has been revoked or suspended, effective on the date the CAM Firm became unlicensed.

5. Property Insurance Coverage – S. 718.111(11)

 

It is clarified that every condominium must have adequate property insurance as determined under §718.111(11)(a), regardless of any requirement in the declaration of condominium for certain coverage by the Association.  The amount of adequate insurance coverage for full insurable value, replacement cost or similar coverage may [no longer “must”] be based on replacement cost of the property to be insured as determined by an independent insurance appraisal or update of prior appraisal every 3 years at a minimum.  The association’s obligation to obtain and provide adequate property insurance coverage for a group of at least three communities created an operating under this chapter, chapter 719, chapter 720, or chapter 721 may be satisfied by obtaining and maintaining for such communities insurance coverage sufficient to cover an amount equal to the probable maximum loss for the Communities for a 250 year windstorm event.

 

6. Official Records – S. 718.111(12)(a)(6) and (11)

 

Minutes of committee meetings have been added to official records that must be maintained. All video recordings of board, member and committee meetings are official records and must be kept for 1 year.   The accounting records must include all bank statements and ledgers.  A copy of all affidavits required by Chapter 718 have been added to the list of official records.

 

7. Official Record Violations – S. 718.111(12)(c)(2)

In addition to its previous official record requirements, an Association must now maintain:

 

1. A “copy” of the official records rather than a “photocopy” (as the prior term expressed).
2. A book or books or electronic records that contain the minutes of all meetings of the Association, the Board, any committee, and the unit owners, and a recording of all such meetings that are conducted by video conference. If there are approved minutes for a meeting held by video conference, recordings of meetings that are conducted by video conference must be maintained for at least one year after the date the video recording is posted on the Association’s website.
3. Accurate, itemized, and detailed records of all receipts and expenditures, including all bank statements and ledgers.
4. A copy of all affidavits required by Chapter 718.

 

A director or member of the Board or Association or an LCAM who willfully and knowingly or intentionally violates the official records inspection requirements commits a misdemeanor of the second degree and must be removed from office and a vacancy declared. There is no longer the requirement that such violation occur “repeatedly” for the conduct to be punishable.

In addition to maintaining an adequate number of copies of the governing documents and “question and answer sheet” on the condominium property to ensure their availability to unit owners and prospective purchasers, the Association must also maintain the most recent annual financial statement and annual budget. The Association may still charge its actual costs for preparing and furnishing these documents to those requesting the documents.

 

8. Official Records on Website – S. 718.111(12)(g)(1) and (2)(e) and (f)

 

A document required to be posted on the website must be posted within 30 days after it is received or created unless a shorter period is otherwise required.  Additionally, the approved minutes of all Board meetings for the past 12 months must be on the website, as well as video recordings or a hyperlink to the video of all meetings (board, member and committee) that are video recorded for the past 12 months, and a copy of all affidavits required by Chapter 718.

 

*** REMINDER:  Commencing January 1, 2026 a condominium association with 25 or more units must have a website and comply with all of the statutory website requirements.

 

9. Financial Reporting – S. 718.111(13)

 

1. Within 21 days after the final financial report is completed by the Association or received from the third-party, but not later than 180 days after the end of the fiscal year (or other date as provided in the bylaws) the association must send the year-end financial report to all owners OR (formerly AND) send a notice that is available upon request. Formerly it was required to be sent and a notice of availability sent within 120 days.  An affidavit must be executed by an officer or director confirming compliance.
2. The owners may prepare an alternative year-end financial report if approved by a majority vote of ALL owners. Formerly it was a majority of only the owners present and voting.

 

10. Investing Association Funds – S. 718.111(16)

 

A board must use its best efforts to make prudent investment decisions that carefully consider risk and return to maximize returns on invested funds.  An association may invest reserve funds in certificates of deposit at community, savings, commercial banks and savings and loans or credit unions without a vote of the unit owners.

 

11. By-Laws – S. 718.112(12)(2)

 

1. Board Meetings. Clarifies that a board meeting may be conducted in person or by video conference.  The Division will adopt additional rules for such meetings.  If the board meeting is by video conference the notice must state that and must include a hyperlink and telephone number as well as the address of the physical location of the meeting where unit owners can attend in person.  The video conference recording is an official record.
2. Member Meetings. The annual meeting of the members must be held within 15 miles (formerly 45 miles) of the condominium property or within the same county as the condominium property.  If a unit owner meeting is conducted via video conference a unit owner may vote electronically in the manner provided in F.S. 718.128.  If the annual meeting is conducted via video conference a quorum of the board must be physically present at the physical location of the meeting where owners can attend.  The video conference must be recorded and maintained as an official record.
3. Budget Meetings. If the board proposes a budget which requires assessments exceeding 115% of the prior budget, the board must simultaneously propose a substitute budget that does not include discretionary expenditures that are not required in the budget.  The substitute budget must be proposed at the budget adoption meeting before the adoption of the board’s initial proposed budget.  Copies of both budgets must be included in the 14-day mailed and posted notice of the meeting.  Unit owners must consider and may adopt the substitute budget by a majority of all of the voting interests. If the Unit owners do not adopt the substitute budget, then the board may adopt its initially proposed budget.  NOTE:  There is nothing stopping the Board from scheduling all three meetings the same day.  The first budget meeting would propose both budgets, then recess.  Then the members meeting would vote on the substitute budget.  If the substitute budget is not approved by the members, the Board can resume the budget meeting to adopt its preferred budget.

 

12. Reserves – S. 718.112(2)(f)(2)(a)

 

1. The requirement to reserve for capital items that cost more than $10,000 to replace has been increased to $25,000 and will be adjusted for inflation by the Division. If owners vote to terminate the condominium the members may vote to waive SIRS reserves.
2. Membership approval is no longer required for the Board to pause the contribution to its reserves or reduce reserve funding if the local building official determines that the entire condominium building is uninhabitable due to a natural emergency as defined in §252.34.
3. An association’s reserves may be pooled. SIRS reserves may only be pooled with SIRS reserves.  No owner vote is required to move to pooled funding of reserves.

 

If an Association votes to terminate the condominium in accordance with §718.117, the members may vote to waive the maintenance of reserves recommended by the Association’s most recent SIRS.  SIRS reserves may be funded by regular assessments, special assessments, lines of credit, or loans.

 

1. A special assessment, line of credit, or loan requires the approval of a majority vote of the total voting interests of the Association.
2. A special assessment, a line of credit, or a loan secured for such purposes and related details must be included in the annual financial statement.

 

A unit-owner-controlled Association that must have a SIRS may secure a line of credit or a loan to fund capital expenses required by a milestone inspection or a SIRS.

 

1. This does not apply to a developer-controlled Association, an Association in which the non-developer unit owners have been in control for less than one year, or an Association controlled by one or more bulk assignees or bulk buyers. (Note: It is unclear if this exception also applies to the funding of SIRS reserves by regular assessments, special assessments, lines of credit, or loans.)
2. The line of credit or loan must be sufficient to fund the cumulative amount of any previously waived or unfunded portions of the reserve funding amount and the most recent SIRS.
3. Funding from the line of credit or loan must be immediately available for access by the Board to fund required repair, maintenance, or replacement expenses without further approval by the members of the Association.

 

For a budget adopted on or before December 31, 2028, if the Association has completed a milestone inspection within the previous two calendar years, the Board, upon the approval of a majority of the total voting interests of the Association, may temporarily pause, for a period of no more than two consecutive annual budgets, reserve fund contributions or reduce the amount of reserve funding for the purpose of funding repairs recommended by the milestone inspection.

 

1. This does not apply to a developer-controlled Association, an Association in which the non-developer unit owners have been in control for less than one year, or an Association controlled by one or more bulk assignees or bulk buyers.
2. An association that has paused reserve contributions must have a SIRS performed before the continuation of reserve contributions in order to determine the association’s reserve funding needs and to recommend a reserve funding plan.

 

A residential condominium association must have a SIRS completed at least every 10 years after the condominium’s creation for each building on the condominium property that is at least three habitable stories as determined by the Florida Building Code.

A SIRS, including the visual inspection portion of the SIRS, must be performed or verified by a licensed engineer, a licensed architect, or a person certified as a reserve specialist or professional reserve analyst by the Community Associations Institute or the Association of Professional Reserve Analysts.

At a minimum, the SIRS must include a recommendation for a reserve funding schedule based on a baseline funding plan that provides a reserve funding goal in which the reserve funding for each budget year is sufficient to maintain the reserve cash balance above zero.  The SIRS may recommend other types of reserve funding schedules, provided that each recommended schedule is sufficient to meet the Association’s maintenance obligation.

If the SIRS recommends reserves for any item that is not a SIRS component, the amount of the recommended reserves for such item must be separately identified in the SIRS as an item for which reserves are not required under a SIRS.  The SIRS must take into consideration the funding method or methods used by the Association to fund its maintenance and reserve funding obligations through regular assessments, special assessments, lines of credit, or loans.

If the SIRS is performed before the Association has approved a special assessment or secured a line of credit or a loan, the SIRS must be updated to reflect the funding method selected by the Association and its effect on the reserve funding schedule, including any anticipated change in the amount of regular assessments.

The SIRS may be updated to reflect any changes to the useful life of the reserve items after such items are repaired or replaced, and the effect such repair or replacement will have on the reserve funding schedule.  The Association must obtain an updated SIRS before adopting any budget in which the reserve funding from regular assessments, special assessments, lines of credit, or loans do not align with the funding plan from the most recent version of the SIRS.

In addition to the existing exceptions, a SIRS is not required for four-family dwellings with three or fewer stories above ground.

Associations existing on or before July 1, 2022, must have a structural integrity reserve study completed by December 31, 2025, for each building on the condominium property that is three stories or higher in height.

If the Association completes a milestone inspection, or an inspection completed for a similar local requirement, the Association may delay performance of a required SIRS for no more than the two consecutive budget years immediately following the milestone inspection in order to allow the Association to focus its financial resources on completing the repair and maintenance recommendations of the milestone inspection.  An officer or a director of an Association (not the LCAM) must sign an affidavit acknowledging receipt of the completed SIRS.  The Division must adopt by rule the form for the SIRS in coordination with the Florida Building Commission.

Any design professional licensed contractor submits a bid to the Association for performing any services recommended by the SIRS may not have an interest, directly or indirectly, in the firm or entity providing the Association’s SIRS or be a relative (within the third degree of consanguinity by blood or marriage) of any person having a direct or indirect interest in such firm, unless such relationship is disclosed to the Association in writing.  A design professional or licensed contractor may be subject to discipline under the applicable practice act for his/her profession for failure to provide the written disclosure of the interests or relationships.

 

13. Hurricane Protection– F.S. 113(5)

Unless otherwise provided in the Declaration as originally recorded or amended a unit owner is not responsible for the cost of any removal or reinstallation of hurricane protection if its removal is required for the association to perform maintenance, repair or replacement.  The “unless otherwise provided” exception was added to the prior law of 2024 which did not provide for the exception.  If the owner is responsible for removal and reinstallation of hurricane protection but the association performs the work the association may no longer lien for the cost of doing so.

 

14. Evacuations – S. 718.1265(1)(h)

Expands emergency powers to include when there is an evacuation order in locale as opposed to a “mandatory” evacuation order.  If a unit owner or other occupant fails or refuses to comply with the Board’s evacuation requirement, the Association is immune from liability or injury to persons or property arising from such failure or refusal.

 

15. Electronic Voting– F.S. 128(4) and (6)

 

The Board may adopt electronic voting at a regular board meeting with a 48 hour posted notice.  Formerly required 14 days mailed and posted notice.  If 25% of the voting interests petition the board for electronic voting at least 180 days after the last election the board must adopt electronic voting at a meeting within 21 days.

 

16. Voting by E-mail– F.S. 128(7)

 

1. Unless the association has adopted electronic voting, the association must designate an e-mail address for receipt of electronically transmitted ballots. Electronically transmitted ballots must meet all the requirements of this subsection.
2. A unit owner may electronically transmit a ballot to the e-mail address designated by the association. The association must count completed ballots that are electronically transmitted to the designated e-mail address, provided the completed ballots include all of the following:

 

1. A space for the unit owner to type in his or her unit number.

 

1. A space for the unit owner to type in his or her first and last name, which also functions as the signature of the unit owner for purposes of signing the ballot.

 

• The following statement in capitalized letters and in a font size larger than any other font size used in the e-mail from the association to the unit owner:

 

Waiving the secrecy of your ballot is your choice. You do not have to waive the secrecy of your ballot in order to vote. By transmitting your completed ballot through e-mail to the association, you waive the secrecy of your completed ballot. If you do not wish to waive your secrecy but wish to participate in the vote that is the subject of this ballot, please attend the in-person meeting during which the matter will be voted on.

 

1. A unit owner must transmit his or her completed ballot to the e-mail address designated by the association no later than the scheduled date and time of the meeting during which the matter is being voted on.
2. There is a rebuttable presumption that an association has reviewed all folders associated with the e-mail address designated by the association to receive ballots if a board member, an officer, or an agent of the association, or a CAM, provides a sworn affidavit attesting to such review.

 

17. Cancelling Developer Made Contracts After Turnover– F.S. 302(a)

A commercial condominium in which 90 percent of the voting interests are held by persons other than the developer and in which there are 10 or fewer units may cancel a developer made contract upon approval of 75% of the voting interests.

18. Non-Condominium Portions of Condominium Building– F.S. 407(4)(b) and (c)

Within 60 days after the fiscal year end the owner of a portion of a building that is not subject to the condominium form of ownership shall provide the association a complete financial report of all costs of maintaining and operating any shared facilities.  Within 60 days of receipt of the report the association may challenge any apportionment of costs.  The challenge is governed by F.S. 720.311 regarding presuit mediation.

19. Authority of the Division and Reporting to the Division– F.S. 501(2)(d) and (3)

 

The authority and jurisdiction of the Division has been expanded to permit the Division to review records and investigate complaints related to:

 

• Milestone inspections.
• Completion of repairs required by milestone inspections.
• The requirement for condominium associations to maintain an insurance policy or fidelity bonding for all persons who control or disperse funds of the condominium association.
• Condominium Board member education requirements.
• Reporting requirements for structural integrity reserve studies.

 

On or before October 1, 2025, all association must create an on-line account with the and report the following (and within 30 days of after any change) the name of the association, the physical address of the condominium property, the mailing address, the email and telephone addresses, the name and title of each Director, the name and contact information of the manager and management company, the hyperlink to the website, the total number of buildings including the number of stories, the total number of units, the age of each building, any construction commenced with the common elements within a year, the association’s assessment including special assessments and reserves, the purpose of the assessments, the name of the bank or banks with the accounts are maintained.  Some of this same information regarding the number of buildings and stories was required under the prior law by January 1, 2023 via mail, email or hand delivery, but the list has been expanded and must now be reported on the association’s online account by the association.

The association must provide the SIRS reserve study to the Division within 5 business days of a request for it.

20. Recission Period for Non-developer Sale of Units – S. 718.503(2)(d)(1) and (2)

 

The right to void a contract to purchase a unit from someone other than a developer is extended from 3 days to 7 days.

 

MILESTONE INSPECTIONS AND STRUCTURAL INTEGRITY RESERVES FOR CONDOMINIUMS AND COOPERATIVES

 

1. Milestone Study – S. 553.899(3)(a)

A milestone study is now only required for buildings with three or more “habitable” stories.  Formerly, it was required for any building with 3 stories or more regardless of whether or not they were habitable.

2. Milestone Study Disclosure – F.S. 553.899(12)

An architect or engineer that bids to perform a milestone inspection must disclose in writing to the association his or her intent to bid on any services related to performing the maintenance, repair or replacement required by the study.  Any contractor who submits a bid to perform the work may not have any interest directly or indirectly in the engineering or architectural firm that performed the study unless the relationship is disclosed in writing.

3. Milestone Study – F.S. 553.899(13)(a)

On or before December 31 2025 and every year thereafter, the local enforcement agency responsible for milestone inspections must provide the department information including the number of buildings required to have a milestone inspection, the number completed inspections and other information.

An architect or engineer that bids to perform a milestone inspection must disclose in writing to the association his or her intent to bid on any services related to performing the maintenance, repair or replacement required by the study.  Any contractor who submits a bid to perform the work may not have any interest directly or indirectly in the engineering or architectural firm that performed the study unless the relationship is disclosed in writing.

4. SIRS Reserves and Milestone Repairs – S. 718.112(2)(f)(2)(c)(I) and (II) and 719.106(1)(j)(3)(a)(I)

SIRS reserves may be funded by regular assessment, special assessments, lines of credit, or loans.  A special assessment, line of credit or loan to fund SIRS reserves requires approval of a majority of the total voting interests.  But repairs required by a SIRS study or milestone study may be funded by a line of credit or a loan without a vote of the owners.  A line of credit, special assessment or a loan for this purpose must be included in the annual financial statement and provided to prospective purchasers.  This does not apply to developer controlled associations or associations where the Unit owners have been in control for less than 1 year or that is controlled by a bulk buyer or bulk assignee.

5. Reserves for Uninhabitable Buildings – S. 718.112(2)(d)(1) and (2)

If the local building official has declared the building uninhabitable due to natural emergency, the board may pause reserve funding without a vote of the owners.  Formerly required a vote of the owners.

6. Milestone Inspection – S. 718.112(2)(f)(2)(e) and 719.106(1)(j)(3)(b)

For a budget adopted on or before December 31, 2028, if the association has completed a milestone inspection within the previous 2 years the board, with the approval of a majority of the total voting interests, the association may temporarily pause reserve funding contributions or funding repairs required by a milestone study for a period of no more than 2 years

7. Four Family Dwelling Exception for SIRS– F.S. 112(2)(g)(5) and 719.106(k)

SIRS reserves are not required for a building with 4 or fewer units with three or fewer habitable stories.  Formerly it was only for 3 or fewer units.  This aligns the already existing exception with the milestone exception.

8. SIRS Study Completion Date– F.S. 112(2)(g)(7)

An association existing on or before July 1, 2022 must complete the SIRS study by December 31, 2025.  Formerly the date was December 31, 2024.

9. SIRS Study Delay– F.S. 112(2)(g)(9) and 719.106(1)(k)(9)

If an association completes a milestone inspection, the association may delay completing a SIRS study for up to 2 years to allow it to focus its financial resources on completing the repairs required by the milestone study.

10. SIRS Study Affidavit– F.S. 112(2)(g)(10) and 719.106(1)(k)(10)

An officer or director must sign an affidavit acknowledging receipt of the completed SIRS study.

COOPERATIVES  (F.S. Chapter 719) – House Bill 913

1. Investing Association Funds – S. 719.104(13)(a) and (b)

A board must use its best efforts to make prudent investment decisions that carefully consider risk and return to maximize returns on invested funds.  An association may invest reserve funds in certificates of deposit at community, savings, commercial banks and savings and loans or credit unions without a vote of the unit owners.

2. Reserves – S. 719.106(1)(j)(2)(a)

The requirement to reserve for capital items that cost more than $10,000 to replace has been increased to $25,000 and will be adjusted for inflation by the division.

3. Reserves –S. 719.106(1)(j)(2)(d)

If the local building official has declared the building uninhabitable due to natural emergency the board may pause reserve funding without a vote of the owners.  Formerly required a vote of the owners.

4. Pooling Reserves – S. 719.106(1)(j)(5)

An association’s reserves may be pooled.  SIRS reserves may only be pooled with SIRS reserves.  No owner vote is required to move to pooled funding of reserves.

If an Association votes to terminate the condominium in accordance with §718.117, the members may vote to waive the maintenance of reserves recommended by the Association’s most recent SIRS.  SIRS reserves may be funded by regular assessments, special assessments, lines of credit, or loans.

1. A special assessment, line of credit, or loan requires the approval of a majority vote of the total voting interests of the Association.
2. A special assessment, a line of credit, or a loan secured for such purposes and related details must be included in the annual financial statement.

A unit-owner-controlled Association that must have a SIRS may secure a line of credit or a loan to fund capital expenses required by a milestone inspection or a SIRS.

1. This does not apply to a developer-controlled Association, an Association in which the non-developer unit owners have been in control for less than one year, or an Association controlled by one or more bulk assignees or bulk buyers. (Note: It is unclear if this exception also applies to the funding of SIRS reserves by regular assessments, special assessments, lines of credit, or loans.)
2. The line of credit or loan must be sufficient to fund the cumulative amount of any previously waived or unfunded portions of the reserve funding amount and the most recent SIRS.
3. Funding from the line of credit or loan must be immediately available for access by the Board to fund required repair, maintenance, or replacement expenses without further approval by the members of the Association.

For a budget adopted on or before December 31, 2028, if the Association has completed a milestone inspection within the previous two calendar years, the Board, upon the approval of a majority of the total voting interests of the Association, may temporarily pause, for a period of no more than two consecutive annual budgets, reserve fund contributions or reduce the amount of reserve funding for the purpose of funding repairs recommended by the milestone inspection.

1. This does not apply to a developer-controlled Association, an Association in which the non-developer unit owners have been in control for less than one year, or an Association controlled by one or more bulk assignees or bulk buyers.
2. An association that has paused reserve contributions must have a SIRS performed before the continuation of reserve contributions in order to determine the association’s reserve funding needs and to recommend a reserve funding plan.

A residential condominium association must have a SIRS completed at least every 10 years after the condominium’s creation for each building on the condominium property that is at least three habitable stories as determined by the Florida Building Code.

A SIRS, including the visual inspection portion of the SIRS, must be performed or verified by a licensed engineer, a licensed architect, or a person certified as a reserve specialist or professional reserve analyst by the Community Associations Institute or the Association of Professional Reserve Analysts.

At a minimum, the SIRS must include a recommendation for a reserve funding schedule based on a baseline funding plan that provides a reserve funding goal in which the reserve funding for each budget year is sufficient to maintain the reserve cash balance above zero.  The SIRS may recommend other types of reserve funding schedules, provided that each recommended schedule is sufficient to meet the Association’s maintenance obligation.

If the SIRS recommends reserves for any item that is not a SIRS component, the amount of the recommended reserves for such item must be separately identified in the SIRS as an item for which reserves are not required under a SIRS.  The SIRS must take into consideration the funding method or methods used by the Association to fund its maintenance and reserve funding obligations through regular assessments, special assessments, lines of credit, or loans.

If the SIRS is performed before the Association has approved a special assessment or secured a line of credit or a loan, the SIRS must be updated to reflect the funding method selected by the Association and its effect on the reserve funding schedule, including any anticipated change in the amount of regular assessments.

The SIRS may be updated to reflect any changes to the useful life of the reserve items after such items are repaired or replaced, and the effect such repair or replacement will have on the reserve funding schedule.  The Association must obtain an updated SIRS before adopting any budget in which the reserve funding from regular assessments, special assessments, lines of credit, or loans do not align with the funding plan from the most recent version of the SIRS.

In addition to the existing exceptions, a SIRS is not required for four-family dwellings with three or fewer stories above ground.

Associations existing on or before July 1, 2022, must have a structural integrity reserve study completed by December 31, 2025, for each building on the condominium property that is three stories or higher in height.

If the Association completes a milestone inspection, or an inspection completed for a similar local requirement, the Association may delay performance of a required SIRS for no more than the two consecutive budget years immediately following the milestone inspection in order to allow the Association to focus its financial resources on completing the repair and maintenance recommendations of the milestone inspection.  An officer or a director of an Association (not the LCAM) must sign an affidavit acknowledging receipt of the completed SIRS.  The Division must adopt by rule the form for the SIRS in coordination with the Florida Building Commission.

Any design professional licensed contractor submits a bid to the Association for performing any services recommended by the SIRS may not have an interest, directly or indirectly, in the firm or entity providing the Association’s SIRS or be a relative (within the third degree of consanguinity by blood or marriage) of any person having a direct or indirect interest in such firm, unless such relationship is disclosed to the Association in writing.  A design professional or licensed contractor may be subject to discipline under the applicable practice act for his/her profession for failure to provide the written disclosure of the interests or relationships.

5. Emergency Powers – S. 719.128(1)(i)

Expands emergency powers to include when there is an evacuation order in locale as opposed to a “mandatory” evacuation order.

6. Reporting to the Division– F.S. 501(2)(c) and (3)

On or before October 1, 2025, all associations must create an online account with the Division and report the name of the association, the physical address of the condominium property, the mailing address, the email and telephone addresses, the name and title of each Director, the name and contact information of the manager and management company, the hyperlink to the website, the total number of buildings including the number of stories, the total number of units, the age of each building, any construction commenced with the common  element within a year, the association’s assessment including special assessments and reserves, the purpose of the assessments, the name of the financial institution(s) with which the accounts are maintained.  Some of this same information regarding the number of building and stories was required under the prior law by January 1, 2023 via mail, email or hand delivery, but the list has been expanded and must now be reported on the association’s online account by the association.

The association must provide the SIRS reserve study to the Division within 5 business days of a request for it.

 

7. Recission Period for Non-developer Sale of Units – S. 719.503(2)(c)

 

The right to void a contract to purchase a unit from someone other than a developer is extended from 3 days to 7 days.

HOMEOWNERS’ ASSOCIATIONS (F.S. Chapter 720) – House Bill 913

No changes.

 

COMMUNITY ASSOCIATION MANAGERS (“CAMs”) (F.S. Chapter 468)  –

House Bill 913

1. New Penalties for License Revocations – S. 468.432(2)

Any CAM who has had their license revoked cannot have an indirect or direct ownership interest in, or be an employee, partner, officer, director, or trustee of a community association management firm (“CAM Firm”) during the 10-year period after the effective date of the revocation.  Such person in ineligible to reapply for certification or registration for a period of 10 years after the effective date of the revocation.

2. Creating and Maintaining an Account with the Department – S. 468.432(3)

A CAM must create and maintain an online licensure account with the department. Each CAM must identify on his or her online licensure account the CAM Firm for which he or she provides management services and identify each community association for which he or she is the designated onsite CAM. A CAM must update his or her online licensure account with this information within 30 days after any change to the required information. A CAM Firm must identify on its online licensure account the CAMs that it employs to provide community association management services. If a CAM has his or her license suspended or revoked, the department must give written notice of such suspension or revocation to the CAM Firm and the community association for which the manager performs community management services.

 

3. New requirements for CAMs – S. 468.4334(1)
   1. A CAM or a CAM Firm may not knowingly perform any act directed by the community association if such an act violates any state or federal law.
   2. If a CAM or CAM Firm has a contract with a community association that is subject to the milestone inspection requirements or the structural integrity reserve requirements, the CAM or CAM Firm must comply with those requirements as direct by the Board.
   3. Each contract between a community association and a CAM or CAM Firm for community association management services must include the following written statement in at least 12-point type, if applicable to the type of management services provided in the contract:

 

“THE COMMUNITY ASSOCIATION MANAGER SHALL ABIDE BY ALL PROFESSIONAL STANDARDS AND RECORD KEEPING REQUIREMENTS IMPOSED PURSUANT TO PART VIII OF CHAPTER 468, FLORIDA STATUTES.”

1. A contract between a CAM or CAM Firm and a community association may not waive or limit the professional practice standards required pursuant to Part VIII of Chapter 468, Florida Statutes.

4. Additional requirements for CAMs – S. 468.4334(3)

Previously, F.S. 468.4334(3) applied only to HOAs, not condominiums or cooperatives.  The statute now applies to all community associations.  Accordingly, all CAMs and CAM Firms are required to fulfill the following requirements:

1. CAM must attend in person at least one membership/board member meeting each year.
2. Each CAM must provide to the community members:
   1. The CAM’s contact information;
   2. Hours of availability; and

• Responsibilities.

1. This information must be provided on the association’s website and must be updated within 14 days of any change.
2. CAM must provide a copy of their contract with the association upon request.
3. CAM must return all association records within its possession to the Association within 20 business days after termination or receipt of a written request for return of the official records, whichever occurs first. Failure of a community association manager or a community association management firm to timely return all of the official records within its possession to the community association creates a rebuttable presumption that the community association manager or community association management firm willfully failed to comply with this subsection.  And such failure to do so may result in suspension of the CAM’s license and civil penalties of $1,000 per day (starting on the 21st day) for up to 10 business days.

5. New CAM Conflict of Interest Rules – S. 468.4335
6. There is a new rebuttable presumption that a conflict of interest was created. Now, a rebuttable presumption that a conflict of interest exists if a CAM or CAM Firm even proposes to enter into a contract or other transaction with an association. There is no presumption of a conflict of interest if the contract for goods or services is for community association management services.
7. The conflict of interest statute applies to “persons” as defined in F.S. 1.01(3). Previously, the statute listed a series of entities.
8. The term “compensation” includes “any referral fee or other monetary benefit derived from a person as defined in s. 1.01(3) which provides products or services to the association, and any ownership interests or profit-sharing arrangements with product or service providers recommended to or used by the association.”
9. Previously, any bids over $2,500 for a good or service, other the community association management services, required multiple bids. The statute now limits this rule to bids which are or may be construed as a conflict of interest under the statute and clarifies that the rule does not apply to services that are disclosed in the management services contract.
10. If a CAM or CAM Firm proposes to engage in activity that is a conflict of interest under the statute, the proposed activity must be listed on the meeting agenda of the next board meeting. The notice for the meeting at which the proposed activity will be considered by the board must include a description of the proposed activity, disclose the possible conflict of interest, and include a copy of all contracts and transactional documents related to the proposed activity.
11. If the Board finds that a CAM or CAM Firm has violated the statute, the contract is voidable and the association may terminate the contract by delivery of a written notice of termination.