Division of Condominiums, Timeshares, and Mobile Homes – FAQS

Condominiums (Chapter 718, Florida Statutes):
The official records of a condominium association include, but are not limited to:

• Plans, permits, and warranties provided by the developer
• Copy of items provided by developer under s. 718.301(4)
• A photocopy of the declaration of condominium and recorded bylaws, and any amendments
• Certified articles of incorporation of the association and amendments
• A copy of the current rules of the association
• Minutes of all meetings and recording of such meetings conducted by videoconferencing
• A current roster of unit owners with mailing addresses, unit identifications, voting certifications, and, if known, telephone numbers
• Email addresses and facsimile numbers of unit owners who consent to electronic notice (must be removed if consent is revoked)
• Current insurance policies of the association
• All management agreements, leases, and other contracts
• Bills of sale or transfers of association property
• Accounting records, including itemized records of receipts and expenditures, current account statements for each unit, and all audits and financial reports
• Structural integrity reserve studies (maintained for 15 years after completion)
• All contracts for work to be performed, including bids (bids kept for 1 year)
• Ballots, sign-in sheets, proxies, and other voting records for 1 year
• Rental records if the association acts as rental agent
• The current Q&A sheet required by statute
• Inspection reports required by §553.899, F.S. (milestone inspections) and §718.301(4)(p), F.S. (turnover inspection reports), plus any other inspection report related to structural or life safety issues (maintained for 15 years)
• All affirmative acknowledgments under §718.121(4)(c), F.S.
• Completed board member educational certificates
• All other written records relating to the operation of the association

Citation: §718.111(12), F.S.; Rule 61B-23.002(7), F.A.C.

Cooperatives (Chapter 719, Florida Statutes):
The official records of a cooperative association include, but are not limited to:

• Plans, permits, and warranties provided by the developer
• A photocopy of the cooperative documents (articles of incorporation, bylaws, lease, proprietary lease, or other underlying documents)
• A copy of the current rules of the association
• Minutes of all association, board, and unit owner meetings
• A current roster of unit owners with mailing addresses, unit identifications, and, if known, telephone numbers
• Email addresses and electronic contact numbers of consenting owners
• Current insurance policies
• All management agreements, leases, and other contracts
• Bills of sale or transfers of association property
• Accounting records, including itemized receipts and expenditures, current account statements, and all audits, financial reports, and structural integrity reserve studies (maintained for 15 years)
• All contracts for work and bids (bids kept for 1 year)
• Ballots, sign-in sheets, proxies, and other voting records for 1 year
• Rental records where the association acts as agent
• The current Q&A sheet required by statute
• Inspection reports required by §553.899, F.S. (milestone inspections) and §719.301(4)(p), F.S. (turnover inspection reports), plus any other structural or life safety inspection reports (maintained for 15 years)
• All affirmative acknowledgments under §719.108(3)(b)3., F.S.
• Completed board member educational certificates
• All other written records relating to the operation of the association

Citation: §719.104(2), F.S.

Condominiums (Chapter 718, Florida Statutes):
Official records must be maintained in a manner that allows inspection by unit owners. If records are lost, destroyed, or otherwise unavailable, the association has a good faith duty to obtain and recover them to the extent reasonably possible.
Records must be made available to a unit owner:

• Within 45 miles of the condominium property or in the same county
• Within 10 working days after receipt of a written request by the board or its designee

Unit owners, or their authorized representatives, have the right to inspect and make or obtain copies at their expense. The association must provide a checklist to the requestor listing all records made available and identifying those not provided. That checklist must be retained by the association for 7 years.

Records posted on the association’s website (where required) also count as official records access.

Citation: §718.111(12)(b)–(c), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Cooperative associations must also maintain their official records in an organized manner to allow unit owner inspection. If records are lost or destroyed, the association must make a good faith effort to recover them.

Records must be made available to a unit owner:

• Within 45 miles of the cooperative property or in the same county
• Within 10 working days after receipt of a written request by the board or its designee

Unit owners, or their authorized representatives, have the right to inspect and obtain copies at their expense. A checklist of all records made available, as well as those withheld, must be provided to the requestor and maintained for 7 years.
Records maintained electronically by the association also qualify as official records access.

Citation: §719.104(2)(b)–(c), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. Effective January 1, 2026, a condominium association managing 25 or more units that are not timeshare units must maintain a website or mobile application where specific records are posted.

The following must be posted digitally:

• Copies of all building permits for ongoing or planned construction
• The recorded declaration of condominium and all amendments
• The recorded bylaws and all amendments
• The articles of incorporation (or other documents creating the association), including amendments, and the filed copy with the Department of State
• The rules of the association
• A list of all executory contracts or documents to which the association is a party, including bids received within the past year for related services or materials (summaries of bids exceeding $500 must be posted for 1 year)
• The annual budget required by §718.112(2)(f), F.S., and any proposed budget to be considered at the annual meeting
• The annual financial report required by §718.111(13), F.S., and any monthly income or expense statements to be considered at a meeting
• Director certifications required by §718.112(2)(d)4.b., F.S.
• All conflict of interest contracts or disclosures required by §§468.4335, 468.436(2)(b)6., and 718.3027(3), F.S.
• Notices of unit owner meetings and agendas, posted at least 14 days before the meeting, and copies of all documents to be considered or voted on (posted at least 7 days in advance)
• Notices of board meetings, agendas, and related documents as required by §718.112(2)(c), F.S.
• Inspection reports required under §§553.899 and 718.301(4)(p), F.S., and any other structural or life safety inspection report
• The association’s most recent structural integrity reserve study

Unit owners must be given a username and password to access the protected portion of the website or application containing these records.

Citation: §718.111(12)(g), F.S.

Cooperatives (Chapter 719, Florida Statutes):
There is no statutory requirement for cooperative associations to maintain a website or mobile application. However, the cooperative’s governing documents may impose such a requirement.

Cooperative associations must still maintain and make available the official records listed in §719.104(2), F.S., but they are not required by statute to post them online.

Citation: §719.104(2), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes, but with limitations. A unit owner may inspect and copy the official records of the association at their own reasonable expense. The association must also keep an adequate number of copies of the following documents available to owners and prospective purchasers:

• The declaration of condominium and amendments
• Articles of incorporation and amendments
• Bylaws and amendments
• Rules
• The current question and answer sheet
• The year-end financial information

The association may charge its actual costs of preparing and furnishing these copies.

Additionally, the law requires that a unit owner or their representative must be allowed to use a portable device (such as a phone, tablet, or portable scanner) to make electronic copies of records. The association cannot charge a fee for the use of such a device.

The association may also choose to make the records available electronically, such as via the Internet.

Citation: §718.111(12)(b)–(c), F.S.; Rule 61B-23.002(7)(c), F.A.C.

Cooperatives (Chapter 719, Florida Statutes):
Yes, with similar restrictions as condominiums. A cooperative unit owner may inspect and copy the official records of the association at their reasonable expense. The cooperative must keep an adequate number of copies of the following available to members and prospective purchasers:

• Cooperative documents and amendments
• Articles of incorporation and amendments
• Bylaws and amendments
• Rules
• The current question and answer sheet

The association may charge the actual costs of preparing and furnishing copies of these documents.

As with condominiums, cooperative members or their authorized representatives must be allowed to use portable devices to copy records, and the association cannot charge for the use of those devices.

Citation: §719.104(2)(b)–(c), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. While most official records are open to inspection, unit owners may not access certain categories of records, including:

1. Records protected by the lawyer-client privilege (§90.502, F.S.) and records protected by the work-product privilege, such as documents prepared by an attorney exclusively for litigation or administrative proceedings until those proceedings are concluded.
2. Information obtained by the association in connection with the approval of a lease, sale, or other transfer of a unit.
3. Personnel records of association or management company employees, except written employment agreements and budgetary/financial records indicating compensation.
4. Medical records of unit owners.
5. Certain personal identifying information of unit owners (e.g., social security numbers, driver’s license numbers, credit card numbers, email addresses, phone numbers, emergency contacts, and mailing addresses other than those required for association notices). Names, unit designations, and property addresses remain accessible.
6. Electronic security measures used to safeguard association data (e.g., passwords).
7. The association’s software and operating system that allows manipulation of data, even if a unit owner has the same software.

Citation: §718.111(12)(c)1–7, F.S.

Cooperatives (Chapter 719, Florida Statutes):
Yes. Cooperative associations follow the same rule: official records are generally accessible, but certain categories are exempt from inspection, including:

1. Records protected by the lawyer-client privilege (§90.502, F.S.) and the work-product privilege, prepared exclusively for litigation or administrative proceedings until those proceedings are concluded.
2. Information obtained in connection with the approval of a lease, sale, or transfer of a unit.
3. Personnel records of association or management company employees, except written employment agreements and budgetary/financial records indicating compensation.
4. Medical records of unit owners.
5. Certain personal identifying information of unit owners (same categories as condominiums).
6. Electronic security measures used to safeguard data.
7. The association’s software and operating system that allows manipulation of data, even if a unit owner owns the same software.

Citation: §719.104(2)(c)1–7, F.S.

Condominiums (Chapter 718, Florida Statutes):
The association must make the records available within 10 working days after receiving a proper written request submitted according to its record-inspection rules. If the association fails to do so, there is a presumption that it willfully failed to comply.

If the association fails to allow proper access to the official records, a complaint may be filed with the Division of Florida Condominiums, Timeshares, and Mobile Homes.

• A unit owner denied access is entitled to damages of at least $50 per day, up to 10 days (beginning on the 11th working day after the request).
• The unit owner may also recover reasonable attorney’s fees if they prevail in an enforcement action.
• If a unit owner seeks statutory damages from the association, the matter must be filed for mandatory arbitration under §718.1255, F.S., with possible appeal to the courts.

Citation: §718.111(12)(b)–(c), §718.1255, F.S.

Cooperatives (Chapter 719, Florida Statutes):
The association must make the records available within 10 working days after receiving a proper written request submitted according to its record-inspection rules. Failure to do so creates a presumption of willful noncompliance.

If the cooperative association fails to allow proper access to the official records, a complaint may be filed with the Division of Florida Condominiums, Timeshares, and Mobile Homes.

• A unit owner denied access is entitled to damages of at least $50 per day, up to 10 days, beginning on the 11th working day after the request.
• The prevailing party in an enforcement action is entitled to recover reasonable attorney’s fees from the person in control of the records who knowingly denied access.

Citation: §719.104(2)(b)–(c), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. Budgets and all other accounting records of the association are considered official records and must be maintained for at least seven years.

• A unit owner may inspect these records within 10 working days after the board or its designee receives a written request
• The right of inspection includes the right to make or obtain copies, at the reasonable expense, if any, of the requesting owner

Citation: §718.111(12), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Yes. The budgets and accounting records of a cooperative association are official records and must also be maintained for at least seven years.

• Unit owners are entitled to inspect these records within 10 working days of submitting a written request
• Owners also have the right to obtain copies at their expense

Citation: §719.104(2), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. The association is required to provide, upon request, a roster of:

• Each unit owner’s name
• Unit designation
• Mailing address
• Property address

An association may also choose to print and distribute a directory to unit owners that includes names, property addresses, and telephone numbers. However, if a unit owner makes a written request to exclude their telephone numbers, the association must comply.

Citation: §718.111(12)(a)7. and (c)5., F.S.

Cooperatives (Chapter 719, Florida Statutes):
Yes. Cooperative associations must provide, upon request, the following information about each unit owner:

• Name
• Unit designation
• Mailing address
• Property address

Like condominiums, the association may publish a directory including names, property addresses, and telephone numbers. Any unit owner may exclude their telephone numbers by making a written request.

Citation: §719.104(2)(a)5. and (c)5., F.S.

Condominiums (Chapter 718, Florida Statutes):
The law does not specifically require a unit owner to give the association a key. However, the association has an irrevocable right of access to each unit during reasonable hours when necessary for maintenance, repair, or replacement of common elements, or to prevent damage to the common elements or another unit.

In addition, a condominium board may enter an abandoned unit, at its sole discretion, to:

• Inspect the unit and adjoining common elements
• Make necessary repairs
• Address mold or deterioration
• Turn on utilities
• Maintain, preserve, or protect the unit and adjoining common elements

Citation: §718.111(5), §718.113(1), F.S.

Cooperatives (Chapter 719, Florida Statutes):
The statute does not expressly require unit owners to provide the association with a key. However, the cooperative association has an irrevocable right of access to each unit during reasonable hours when necessary for the maintenance, repair, or replacement of structural components or utilities serving the unit or building, or as needed to prevent damage.

Citation: §719.104(1), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. A condominium board may operate hurricane shutters, impact glass, code-compliant windows or doors, or other forms of hurricane protection without the permission of the unit owner if necessary to preserve and protect the condominium property and association property.

The board also has the irrevocable right of access to each unit during reasonable hours when necessary for maintenance, repair, or replacement of common elements or any part of a unit maintained by the association, or as necessary to prevent damage to the common elements or other units.

Citation: §718.113(5), §718.111(5), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Chapter 719 does not specifically address hurricane shutters. However, cooperative associations have the irrevocable right of access to each unit during reasonable hours when necessary for maintenance, repair, or replacement of structural components or utilities, or as needed to prevent damage. Issues related to hurricane shutters may be addressed in the cooperative’s governing documents.

Citation: §719.104(1), F.S.

Condominiums (Chapter 718, Florida Statutes):
The condominium statutes do not require an association to hire a management company. Whether the board or unit owners must approve the hiring of a management company depends on the association’s articles of incorporation and bylaws.

If the board decides to employ a manager, the manager must possess all applicable licensure required under Chapter 468, Florida Statutes. The association may only employ a licensed community association manager or community association management firm.

Citation: §718.112(1), F.S.; Rule 61B-23.001(4), F.A.C.

Cooperatives (Chapter 719, Florida Statutes):
The cooperative statutes also do not require an association to hire a management company. The authority to approve or restrict management contracts is controlled by the association’s articles of incorporation and bylaws.

If a board employs a manager, licensure may be required under Chapter 468, Florida Statutes.

Citation: §719.106(1)(a)1., F.S.

Condominiums (Chapter 718, Florida Statutes):
Unless the bylaws provide otherwise, board members serve without compensation. If compensated, a board member may be required to hold a community association manager license under Chapter 468, Florida Statutes, depending on the scope of services provided.

Citation: §718.112(2)(a)1., F.S.; Rule 61B-23.001(4), F.A.C.

Cooperatives (Chapter 719, Florida Statutes):
Board members generally serve without compensation unless the bylaws authorize payment. If compensated, a board member may be required to hold a community association manager license under Chapter 468, Florida Statutes, depending on the services performed.

Citation: §719.106(1)(a)1., F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. A condominium association may contract, sue, or be sued in matters involving the exercise or non-exercise of its powers. Its powers and duties include those provided in Chapter 718, the articles of incorporation, bylaws, and, where applicable, Chapters 607 and 617. The association may institute, maintain, settle, or appeal legal actions in its own name on behalf of all unit owners concerning matters of common interest to most or all unit owners.

Citation: §718.111(3), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Yes. A cooperative association has similar authority. Its powers and duties include those provided in Chapter 719, the articles of incorporation, bylaws, and, where applicable, Chapters 607 and 617. The cooperative association may contract, sue, or be sued in matters related to its corporate powers and duties.

Citation: §719.104(10), F.S.

Condominiums (Chapter 718, Florida Statutes):
A condominium board may, subject to approval requirements, install hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection. In most circumstances, the installation must be approved by a majority of the voting interests within the condominium association. However, if the condominium’s declaration specifies that the association is responsible for the maintenance, repair, and replacement of these protections—or designates the installation as the responsibility of the individual unit owner—then a vote of the unit owners is not required. If code-compliant hurricane protection has already been installed, the board may not install or require unit owner to install the same type of hurricane protection unless it has reached the end of useful life or is needed to prevent damage.

Citation: §718.113(5), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Chapter 719 does not specifically address the installation of hurricane shutters or other hurricane protection. Cooperative associations have an irrevocable right of access to units for maintenance, repair, or replacement of structural components and utilities, but decisions about installing hurricane shutters are governed by the cooperative’s documents, such as its bylaws or proprietary lease.

Citation: §719.104(1), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. A condominium association may suspend, for a reasonable period of time, the right of a unit owner, tenant, guest, or invitee to use the common elements, common facilities, or other association property if that person fails to comply with the declaration, bylaws, or reasonable rules of the association.

If a unit owner is more than 90 days delinquent in paying an assessment due to the association, the association may suspend use rights of the unit owner, tenant, guest, licensee, or invitee until the obligation is paid.

Suspensions do not apply to:

• Limited common elements intended to be used only by the unit,
• Common elements necessary to access the unit,
• Utility services to the unit,
• Parking spaces, or
• Elevators

The suspension must be approved at a properly noticed board meeting. Once approved the association must inform the unit owner, tenant, guest, or invitee.
When a unit is leased, the tenant has all use rights of the common elements, and the unit owner does not retain such rights except as a guest unless the tenant waives them in writing. The association may adopt rules to prevent both the unit owner and tenant from exercising use rights at the same time.

Citation: §718.106(4), §718.303(3)–(4) and (6), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Yes. A cooperative association may suspend, for a reasonable period of time, the right of a unit owner, tenant, guest, or invitee to use the common areas, common facilities, or other association property for failure to comply with the cooperative documents, bylaws, or reasonable rules of the association.

If a unit owner is more than 90 days delinquent in paying an assessment, the association may also suspend the use rights of the unit owner, tenant, guest, licensee, or invitee until the obligation is satisfied.

Suspensions do not extend to:

• Limited common areas reserved for the unit,
• Common areas necessary to access the unit,
• Utility services to the unit,
• Parking spaces, or
• Elevators

When a unit is leased, the tenant has all use rights to the cooperative property. The unit owner does not retain such rights except as a guest unless the tenant waives them in writing. The association may also adopt rules prohibiting simultaneous use by both the tenant and the owner.

Citation: §719.105(3), §719.303(3)–(4) and (6), F.S.

When a unit owner of a cooperative or residential condominium files a written inquiry by certified mail with the board, the board must respond in writing to the unit owner within 30 days after receipt of the inquiry. The board’s response must either give a substantive response to the inquirer, notify the inquirer that a legal opinion has been requested, or notify the inquirer that advice has been requested from the Division. If the board requests advice from the Division, the board must, within 10 days after its receipt of the advice, provide in writing a substantive response to the inquirer. If a legal opinion is requested, the board must, within 60 days after the receipt of the inquiry, provide in writing a substantive response to the inquiry. The association may through its board of administration adopt reasonable rules and regulations regarding the frequency and manner of responding to unit owner inquiries, one of which may be that the association is only obligated to respond to one written inquiry per unit in any given 30-day period. In such a case, any additional inquiry or inquiries must be responded to in the subsequent 30-day period, or periods, as applicable. You may wish to refer to your association’s rules for any such restrictions. The Division has jurisdiction to investigate this issue for cooperative associations and condominiums effective July 1, 2024, the Division has jurisdiction to investigate this issue for condominium associations. Condominium: Section 718.112(2)(a)2., Florida Statutes Cooperative: Section 719.106(1)(a)2., Florida Statutes

Condominiums (Chapter 718, Florida Statutes):
A condominium association may levy fines against a unit owner, tenant, guest, or invitee for failure to comply with the declaration, bylaws, or reasonable rules of the association.

• • A fine may not exceed $100 per violation
  • If the violation continues, a fine may be imposed on a per-day basis, but the total fine may not exceed $1,000 in the aggregate for that violation
  • A fine may not become a lien on the unit

Citation: §718.303(3), F.S.

Cooperatives (Chapter 719, Florida Statutes):
A cooperative association may levy fines against a unit owner, tenant, guest, or invitee for failure to comply with the cooperative documents, bylaws, or reasonable rules of the association.

• • • A fine may not exceed $100 per violation
    • If the violation continues, fines may accrue daily, but the total fine may not exceed $1,000 in the aggregate for that violation
    • A fine may not become a lien against a cooperative unit

Citation: §719.303(3), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. A fine cannot be imposed unless the association first provides the unit owner (and, if applicable, the unit’s occupant, licensee, or invitee) with:

• • • At least 14 day written notice, and
    • An opportunity for a hearing before an independent committee of at least three members who are not board members, officers, or their family members

If the committee does not approve the proposed fine by majority vote, the fine may not be imposed. If the committee approves the fine, the payment is due within 5 days after the meeting at which the fine was approved.

Citation: §718.303(3), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Yes. A fine cannot be imposed unless the association first provides the unit owner (and, if applicable, the unit’s occupant, licensee, or invitee) with:

• • • At least 14 day written notice, and
    • An opportunity for a hearing before a committee of at least three members who are not board members, officers, or their family members

If the committee does not approve the proposed fine by majority vote, the fine may not be imposed. If the committee approves the fine, the payment is due within 5 days after the committee meeting where the fine was approved.

Citation: §719.303(3), F.S.

Condominiums (Chapter 718, Florida Statutes):
If a unit owner submits a written inquiry to the board by certified mail, the board must respond in writing within 30 days of receiving the inquiry. The response must either:

• • • Provide a substantive response to the inquiry, or
    • Notify the inquirer that a legal opinion has been requested

If the board requests a legal opinion, the board must provide a substantive written response within 60 days of receiving the inquiry.

The association may adopt rules limiting the frequency of required responses to one written inquiry per unit within a 30-day period, in which case additional inquiries must be answered in subsequent periods.

The Division has jurisdiction to investigate this written inquires for condominium associations.

Citation: §718.112(2)(a)2., F.S.

Cooperatives (Chapter 719, Florida Statutes):
If a cooperative unit owner sends a written inquiry by certified mail, the board must respond in writing within 30 days of receiving the inquiry. The response must either:

• • • Provide a substantive response to the inquiry, or
    • Notify the inquirer that a legal opinion has been requested

If a legal opinion is requested, the board must provide a substantive written response within 60 days of receiving the inquiry.

The association may adopt rules limiting responses to one inquiry per unit within a 30-day period, with additional inquiries to be answered in subsequent periods.

The Division has jurisdiction to investigate this written inquires for cooperative associations.

Citation: §719.106(1)(a)2., F.S.

Condominiums (Chapter 718, Florida Statutes):
The method of amending the bylaws should be stated in the association’s bylaws. If the bylaws do not provide a method, the method to amended must comply with the current version of Chapter 718, which is they may be amended if approved by at least two-thirds of the voting interests.

Proposals to amend existing bylaws must contain the full text of the bylaws being amended. New words must be underlined, and words to be deleted must be struck through with hyphens. If the changes are so extensive that this format would hinder understanding, the amendment may instead include a notation such as: “Substantial rewording of bylaw. See bylaw ___ for present text.”

Citation: §718.112(2)(j) and 718.110(1) F.S.

Cooperatives (Chapter 719, Florida Statutes):
The method of amending the bylaws should be stated in the association’s bylaws. If the bylaws do not provide a method, the method to amend must comply with the current version of Chapter 719, which is they may be amended if approved by at least two-thirds of the voting interests.

Proposals to amend existing bylaws must contain the full text of the bylaws being amended. New words must be underlined, and words to be deleted must be struck through with hyphens. If the changes are extensive, the amendment may instead include a notation such as: “Substantial rewording of bylaw. See bylaw ___ for present text.”

Citation: §719.106(1)(h), F.S.

Condominiums (Chapter 718, Florida Statutes):
An amendment to condominium bylaws becomes effective when it is recorded in the public records of the county where the declaration of condominium is recorded, unless a later effective date is specified in the amendment itself.

Citation: §718.112(1)(b), and 718.110 (3)F.S.

Cooperatives (Chapter 719, Florida Statutes):
Chapter 719 does not specifically address when bylaw amendments become effective. The timing is generally governed by the provisions in the cooperative’s bylaws and governing documents.

Citation: Chapter 719, F.S. (no express provision).

Condominiums (Chapter 718, Florida Statutes):
An association may charge a transfer fee for the sale, lease, or other transfer of a unit if the condominium documents require association approval and authorize such a fee. The maximum charge is $150 per applicant, other than husband and wife or a parent and dependent child who are considered one applicant. No fee may be charged for the renewal of a lease with the same lessee.

Citation: §718.112(2)(k), F.S.

Cooperatives (Chapter 719, Florida Statutes):
An association may charge a transfer fee for the sale, lease, or other transfer of a unit if the cooperative documents require association approval and authorize such a fee. The maximum charge is $150 per applicant, with husband and wife or a parent and dependent child considered one applicant. Renewals with the same lessee may not be charged.

Citation: §719.106(1)(i), F.S.

Condominiums (Chapter 718, Florida Statutes):
When a unit is leased, the tenant has all use rights of the association property and common elements that otherwise would be available to the unit owner. The unit owner does not have such rights, except as a guest, unless the tenant waives those rights in writing.

The association may adopt rules to prohibit both the tenant and the unit owner from using the common elements at the same time.

The association may also suspend the right of a tenant, unit owner, guest, or invitee to use the common elements, common facilities, or association property for rule violations or if the unit owner is more than 90 days delinquent in paying assessments. Suspensions do not apply to limited common elements reserved for the unit, common elements necessary to access the unit, utility services, parking spaces, or elevators.

Citation: §718.106(4), §718.303(3)–(4), F.S.

Cooperatives (Chapter 719, Florida Statutes):
When a cooperative unit is leased, the tenant has all use rights of the cooperative property that would otherwise belong to the unit owner. The unit owner does not retain these rights except as a guest, unless the tenant waives them in writing.
The cooperative association may adopt rules prohibiting dual usage of cooperative property by both the tenant and the unit owner at the same time.

The association may suspend use rights of a unit owner, tenant, guest, or invitee for violations of the cooperative documents or if the unit owner is more than 90 days delinquent in paying assessments. Suspensions do not apply to limited common areas reserved for the unit, common areas necessary to access the unit, utility services, parking spaces, or elevators.

Citation: §719.105(3), §719.303(3)–(4), F.S.

Condominiums (Chapter 718, Florida Statutes):
A condominium association may obtain liability insurance for its officers and directors. The association is required to maintain adequate insurance or fidelity bonding for all persons who control or disburse association funds. This includes individuals authorized to sign checks and the association’s president, secretary, and treasurer. The cost of such insurance or bonding is a common expense of the association.

Citation: §718.111(11)(e), (h), F.S.

Cooperatives (Chapter 719, Florida Statutes):
A cooperative association may obtain liability insurance for its officers and directors. The association is required to maintain insurance or fidelity bonding for all persons who control or disburse association funds, including those authorized to sign checks and the officers of the association. The cost of such insurance or bonding is a common expense of the association.

Citation: §719.104(3), §719.106(1)(m), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. A condominium association must use its best efforts to obtain and maintain adequate property insurance to protect the association, the association property, the common elements, and all condominium property that is required to be insured under the statute. The declaration of condominium may impose additional insurance requirements.

Citation: §718.111(11), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Yes. A cooperative association must use its best efforts to obtain and maintain adequate insurance to protect the association, the association property, and the cooperative property that is required to be insured. The cooperative documents may require additional coverage beyond what is stated in the statute.

Citation: §719.104(3), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. A condominium association may provide adequate property insurance coverage through a self-insurance fund that has been reviewed and approved by the Office of Insurance Regulation to comply with the requirements of sections 624.460–624.488, Florida Statutes.

Citation: §718.111(11), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Yes. A cooperative association may self-insure against claims involving the association, the association property, and the cooperative property that is required to be insured. The association must comply with the requirements of sections 624.460–624.488, Florida Statutes.

Citation: §719.104(3), F.S.

Condominiums (Chapter 718, Florida Statutes):
The board of administration, commonly known as a board of directors, manages the affairs of the association and is responsible for setting policy, ensuring proper property maintenance, enforcing the declaration, bylaws, and rules, and appointing committees as needed. Board members have a fiduciary duty to the unit owners, which requires them to act in good faith and in the best interests of the association, placing the interests of unit owners above personal interests.

Citation: §718.111(1)–(14), §718.112(1)(a)–(2)(a), §718.114, F.S.

Cooperatives (Chapter 719, Florida Statutes):
The cooperative board of administration, commonly known as a board of directors, is responsible for administering the affairs of the association, overseeing property maintenance, enforcing the cooperative documents and bylaws, and appointing committees when necessary. Like condominium directors, cooperative directors have a fiduciary duty to the unit owners and must act in the best interest of the association and its members.

Citation: §719.104(1)–(11), §719.106(1)(a), F.S.

Condominiums (Chapter 718, Florida Statutes):
A condominium director who is present at a board meeting is presumed to have assented to the action taken unless the director votes against the action or abstains from voting. A director who abstains is presumed to have taken no position on the matter. Every vote or abstention must be recorded in the meeting minutes.

Citation: §718.111(1)(b), F.S..S.

Cooperatives (Chapter 719, Florida Statutes):
A cooperative director who is present at a board meeting is presumed to have assented to the action taken unless the director votes against the action or abstains from voting. A director who abstains is presumed to have taken no position. The vote or abstention of each director present must be recorded in the minutes.

Citation: §719.104(8)(b), F.S.

Condominiums (Chapter 718, Florida Statutes):
A condominium board meeting is defined as any gathering of the directors where a quorum of the board is present and association business is discussed. If a quorum is present and association business is discussed, the gathering is considered a board meeting and must comply with notice and open meeting requirements.

Citation: § 718.112(2)(c), F.S., Rule 61B-23.001(1)(a), F.A.C.

Cooperatives (Chapter 719, Florida Statutes):
Chapter 719 does not define when a social gathering becomes a board meeting. However, if a quorum of directors meets to discuss association business, the gathering is generally treated as a board meeting and should follow notice and open meeting requirements stated in the cooperative’s governing documents and chapter 719, F.S.

Citation: §719.106(1)(c), F.S.

Condominiums (Chapter 718, Florida Statutes):
Chapter 718, F.S., does not specify a deadline for when meeting minutes must be reduced to writing or made available to unit owners. The association’s governing documents may establish time frames for finalizing and distributing minutes.

If the association manages 25 or more units, it is required to maintain a website or mobile application and must post specified official records within 30 days after the records are received or created. Required postings include, but are not limited to:

• • • The declaration of condominium and all amendments
    • The articles of incorporation, bylaws, and all amendments
    • The rules of the association
    • The annual budget and financial report
    • Any notices and documents required to be posted for owner access
    • Meeting minutes, including updated minutes as they are approved
    • Any other official records specified in §718.111(12)(g), F.S., that must be made available to unit owners

Citation: §718.111(12)(g), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Chapter 719, F.S., does not provide a statutory deadline for when meeting minutes must be prepared or made available. Cooperative bylaws or other governing documents typically set the applicable requirements. There are no provisions requiring cooperatives to post records on the association website or mobile application.

Citation: Chapter 719, F.S. (no express provision).

Condominiums (Chapter 718, Florida Statutes):
If vacancies on the board result in the association being unable to constitute a quorum, any unit owner may petition the circuit court for the appointment of a receiver to manage the association’s affairs.

At least 30 days before applying for receivership, the unit owner must:

• • • Mail or deliver notice of the intended action to the association and to all unit owners, and
    • Post the notice conspicuously on the condominium property

The receiver has all the powers and duties of the board and serves until vacancies are sufficiently filled to reestablish a quorum. The association is responsible for the receiver’s salary, attorney’s fees, and court costs.

Citation: §718.1124, F.S.

Cooperatives (Chapter 719, Florida Statutes):
If vacancies on the board result in the association lacking a quorum, any unit owner may petition the circuit court for the appointment of a receiver to manage the affairs of the cooperative.

At least 30 days before petitioning, the unit owner must:

• • • Mail notice of the intended action to the association,
    • Provide notice to all unit owners, and
    • Post the notice conspicuously on the cooperative property

If a receiver is appointed, the association is responsible for the receiver’s salary, attorney’s fees, and court costs. The receiver has all the powers and duties of the board and serves until the vacancies are filled.

Citation: §719.1064, F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. Notices of board meetings must be posted conspicuously on the condominium property at least 48 continuous hours prior to the meeting.

For board meetings where non-emergency special assessments or amendments to rules regarding unit use will be considered, the notice must be mailed, delivered, or electronically transmitted to unit owners and posted on the property at least 14 days in advance.

Citation: §718.112(2)(c), F.S..

Cooperatives (Chapter 719, Florida Statutes):
Yes. Notices of board meetings must be posted conspicuously on the cooperative property at least 48 continuous hours in advance.

For meetings where non-emergency special assessments or amendments to rules regarding unit use will be considered, notice must be mailed, delivered, or electronically transmitted to unit owners and posted on the cooperative property at least 14 days in advance.

Citation: §719.106(1)(c), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. Condominium unit owners have the right to record meetings so long as the equipment does not produce distracting sound or light. The association may adopt written rules such as:

• • • The equipment must be set up before the meeting starts
    • Anyone recording may not move about the room
    • Advance notice to the board may be required if a unit owner intends to record

Citation: §718.112(2)(c), F.S.; Rule 61B-23.002(10), F.A.C.

Cooperatives (Chapter 719, Florida Statutes):
Yes. Cooperative unit owners also have the right to record board meetings, subject to rules similar to condominiums. Association rules may require that equipment be set up before the meeting and that anyone recording remain in place during the meeting.

Citation: §719.106(1)(c), F.S.; Rule 61B-75.004, F.A.C.

Condominiums (Chapter 718, Florida Statutes):
Yes. Board members may attend meetings by telephone conference, real-time videoconferencing, or similar electronic communication. Those members count toward the quorum and may vote as if physically present. A speaker must be used so the conversation is audible to board members attending in person and to unit owners who are present.

Citation: §718.112(2)(b)5, F.S.

Cooperatives (Chapter 719, Florida Statutes):
Yes. Cooperative board members may attend meetings by telephone conference or similar electronic communication. They count toward the quorum and may vote as if physically present. A speaker must be used so the conversation can be heard by board members attending in person and by unit owners who are present.

Citation: §719.106(1)(b)5., F.S.

Condominiums (Chapter 718, Florida Statutes):
Committees are appointed by the board, or by a board member, to take action on behalf of the board, to make recommendations to the board, or to handle specific association responsibilities such as budget preparation. Committees may be composed of board members, unit owners, or a combination of both. A committee meeting is considered any gathering of committee members where a quorum of the committee is present.

Citation: §718.112(2)(c), F.S.; Rule 61B-23.001(1)(b), F.A.C.

Cooperatives (Chapter 719, Florida Statutes):

Committees in cooperative associations are also appointed by the board, or by a board member, to take action on behalf of the board or make recommendations to it, including in connection with budget preparation. Committee members may include board members, unit owners, or both.

Citation: §719.106(1)(c), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. Unit owners have the right to attend and observe committee meetings. However, meetings between a committee and the association’s attorney regarding proposed or pending litigation are exempt from the open meeting requirements. The bylaws may also exempt certain committee meetings that do not take final action or make budget recommendations.

Citation: §718.112(2)(c), F.S.; Rule 61B-23.001(2), F.A.C.

Cooperatives (Chapter 719, Florida Statutes):
Yes. Unit owners may attend and observe cooperative committee meetings. Meetings with the association’s attorney concerning proposed or pending litigation, as well as committee meetings held to discuss personnel matters, are exempt from open meeting requirements. Cooperative bylaws may also provide additional restrictions for committees that do not take final action or make budget recommendations.

Citation: §719.106(1)(c), F.S.

Condominiums (Chapter 718, Florida Statutes):
In a residential condominium association with more than 10 units, the board of administration must meet at least once each quarter. At least four times each year, the meeting agenda must include an opportunity for unit owners to ask questions of the board. These questions may relate to construction or repair projects, revenues and expenditures during the current fiscal year, or other issues affecting the condominium.

Citation: §718.112(2)(c), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Chapter 719 does not set a minimum number of board meetings per year for cooperatives. The frequency of board meetings is generally governed by the cooperative’s bylaws and governing documents.

Citation: Chapter 719, F.S. (no specific requirement).

Condominiums (Chapter 718, Florida Statutes):
No. An officer, director, or manager may not solicit, offer to accept, or accept anything or any service of value or a kickback for which consideration has not been provided, for their own benefit or that of their immediate family, from any person providing or proposing to provide goods or services to the association. A violation can result in civil penalties under the Division’s authority, and in some cases may also carry criminal penalties.

Citation: §718.111(1)(a), F.S.

Cooperatives (Chapter 719, Florida Statutes):
No. Officers, directors, or managers of a cooperative association are also prohibited from soliciting, offering to accept, or accepting anything or any service of value or a kickback under similar circumstances. Violations can result in civil penalties, and in some cases, criminal penalties may also apply.

Citation: §719.104(9)(a), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. Directors and officers of a condominium association, and their relatives, must disclose to the board any activity that may reasonably be considered a conflict of interest. A rebuttable presumption of a conflict exists if, without prior notice:

• • • A director, officer, or their relative enters into a contract for goods or services with the association, or
    • A director, officer, or their relative has an interest in a business entity that conducts business with the association

If such a transaction is proposed, it must be listed on the board meeting agenda, and all related contracts or documents must be attached. Approval requires a two-thirds vote of the remaining directors present. At the next regular or special meeting of the members, the contract or transaction must also be disclosed to the membership.

Citation: §718.3027, F.S.

Cooperatives (Chapter 719, Florida Statutes):
No, conflicts of interest are not expressly addressed in chapter 719, F.S. Specific procedures regarding conflicts of interest are generally set out in the cooperative’s governing documents.

Citation: Chapter 719, F.S. (no specific requirement). F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. Beginning July 1, 2024, the Division of Florida Condominiums, Timeshares, and Mobile Homes has jurisdiction to investigate complaints regarding the disclosure of conflicts of interest under §718.111(1)(a) and §718.3027.

Citation: §718.501, F.S.

Cooperatives (Chapter 719, Florida Statutes):
No, since conflicts of interests are not expressly addressed in Chapter 719, F.S., the Division does not have jurisdiction to investigate allegations relating to such issues.

Citation: Chapter 719, F.S. (no express provision).

Condominiums (Chapter 718, Florida Statutes):
Yes. At least 90 days before the election, the association must notify unit owners that their voting rights may be suspended due to nonpayment of assessments or other monetary obligations.

At least 60 days before the scheduled election, the association must send by mail, hand delivery, or electronic transmission a first notice of election to all unit owners entitled to vote.

A second notice of election, which must include a ballot listing all candidates, must be sent not less than 14 days and not more than 34 days before the election. The candidate information sheets provided by candidates must also be distributed with this second notice.

Citation: §718.112(2)(d), F.S.; Rule 61B-23.0021, F.A.C.

Cooperatives (Chapter 719, Florida Statutes):
Yes. Cooperative associations must also provide notice of elections. The specific procedures are similar to condominiums: unit owners must receive proper advance notice, including candidate information and the election ballot. The statutes reference that elections must be conducted in accordance with the cooperative’s bylaws, but they also incorporate requirements for candidate notices and procedures through the Division’s administrative rules.

Citation: §719.106(1)(d), F.S.; Rule 61B-75.005, F.A.C.

Condominiums (Chapter 718, Florida Statutes):
Vacancies on the board are filled according to the association’s bylaws. If the bylaws are silent, a vacancy occurring before the expiration of a term (except in the case of recall) may be filled by an affirmative vote of the majority of the remaining directors, even if they represent less than a quorum, or by the sole remaining director. The board may also choose to hold an election to fill the vacancy.

Citation: §718.112(2)(d)9., F.S.; Rule 61B-23.0021, F.A.C.

Cooperatives (Chapter 719, Florida Statutes):
Vacancies on the cooperative board are filled as provided in the bylaws. If the bylaws do not address the procedure, a vacancy may be filled by an affirmative vote of the majority of the remaining directors, even if less than a quorum, or by the sole remaining director. The board also has the option of holding an election to fill the vacancy.

Citation: §719.106(1)(d)6., F.S.; Rule 61B-75.005, F.A.C.

Condominiums (Chapter 718, Florida Statutes):
The term of a condominium board member generally expires at the annual meeting unless otherwise provided in the bylaws. If permitted by the bylaws or articles of incorporation, directors may serve terms of up to 2 years.

A director may not serve more than 8 consecutive years unless approved by an affirmative vote of two-thirds of the total voting interests or unless there are not enough eligible candidates to fill the vacancies. Only board service occurring on or after July 1, 2018, counts toward the 8-year limit.

Citation: §718.112(2)(d)2., F.S.

Cooperatives (Chapter 719, Florida Statutes):
All cooperative board members are elected at the annual meeting unless the bylaws provide for staggered terms or elections at another meeting. Chapter 719 does not impose a statutory term limit, so term length is generally governed by the cooperative’s bylaws.

Citation: §719.106(1)(d), F.S.

Condominiums (Chapter 718, Florida Statutes):
Chapter 718 does not specifically regulate election campaigning. Association bylaws or rules may address campaigning practices. However, the statute does allow each candidate to submit a one-page information sheet describing their background, education, qualifications, or other information they consider relevant, which must be distributed with the second notice of election. It should also be noted that the Florida Administrative Code prohibits the second notice of election from including any board communication that endorses, disapproves, or otherwise comments on any candidate.

Citation: §718.112(2)(d)4.a., F.S.; Rule 61B-23.0021(8), F.A.C.

Cooperatives (Chapter 719, Florida Statutes):
Chapter 719 does not specifically regulate election campaigning. Cooperative bylaws or rules may address this issue. Candidates are permitted to submit a one-page information sheet to the board, describing their background, education, qualifications, or other information they consider relevant, which must be distributed with the second notice of election. Similar to condominium law, the Florida Administrative Code prohibits the second notice of election from including any board communication that endorses, disapproves, or otherwise comments on any candidate.

Citation: §719.106(1)(d)1., F.S.; Rule 61B-75.005(8), F.A.C.

Condominiums (Chapter 718, Florida Statutes):
No. If the number of vacancies equals or exceeds the number of candidates who qualified, an election is not required.

Citation: §718.112(2)(d)2., F.S.

Cooperatives (Chapter 719, Florida Statutes):
No. If the number of vacancies on the cooperative board equals or exceeds the number of candidates, an election is not required.

Citation: §719.106(1)(d)1., F.S.

Condominiums (Chapter 718, Florida Statutes):
Proxies may not be used in the election of directors in general elections or to fill vacancies caused by recall, resignation, or otherwise. However, a condominium association of 10 units or fewer may, by the affirmative vote of a majority of the total voting interests, provide for different voting and election procedures in its bylaws. Those procedures may allow elections to be conducted by limited or general proxy.

Citation: §718.112(2)(d)4., F.S.

________________________________________

Cooperatives (Chapter 719, Florida Statutes):
Proxies may not be used in the election of directors in general elections or to fill vacancies caused by recall, resignation, or otherwise. However, a cooperative association may, by the affirmative vote of a majority of the total voting interests, provide in its bylaws for different voting and election procedures. Those procedures may allow elections to be conducted by limited or general proxy.

Citation: §719.106(1)(d)1., §719.106(1)(d)6., F.S.

Condominiums (Chapter 718, Florida Statutes):
These are two separate processes, each with a different purpose. Both apply only to condominium associations regulated under Chapter 718, F.S.

1. Requesting DBPR Staff to Attend a Condominium Board Annual Meeting and Election

Submitting a request through the Request for Division Staff to Attend Condominium Meeting link asks the Division to send staff to the meeting for observational purposes only.

• • • The request must be submitted at least two business days in advance
    • Division staff do not intervene, administer the election, or answer questions during the meeting or election
    • General questions may be asked after the meeting concludes
    • If staff observe potential violations of Chapter 718, F.S., the Division may open a case to review the matter

Citation: §718.501(1), F.S.

This option provides oversight, not election administration.

2. Requesting an Election Monitor Appointed by the Condominium Ombudsman

Submitting the Petition for Appointment of Election Monitor requests a trained election monitor to conduct the condominium election.

• • • The petition must be submitted at least 14 days in advance
    • A monitor runs and oversees the election, ensuring compliance with statutory and rule requirements
    • The petition must include signatures from at least 15% of all units, or 6 unit owners, whichever is greater
    • A monitor is assigned only if the petition meets these requirements
    • There is a cost billed to the association for the monitor’s services

This option provides a formal, Division-supervised election, rather than mere observation.

Citation: §718.5012, F.S., §718.501, F.S., §718.112(2)(d), F.S.

Cooperatives (Chapter 719, Florida Statutes):
For cooperative associations, neither option exists under Florida law. DBPR does not have statutory authority to attend cooperative board meetings, shareholder meetings, or elections.

There is no statutory mechanism for the appointment of an election monitor for cooperatives. Elections in cooperatives are conducted solely according to the governing documents and Chapter 719, F.S., without Division involvement.

DBPR may still investigate complaints under §719.501, F.S., but this does not extend to attending or conducting elections.

Condominiums (Chapter 718, Florida Statutes):
Yes. Unit owners must receive at least 14 days’ advance notice of the budget meeting, along with a copy of the proposed annual budget, and substitute budget if required. Notice may be provided by mail, personal delivery, or electronic transmission.

Citation: §718.112(2)(e), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Yes. Unit owners must receive at least 14 days’ advance notice of the budget meeting, along with a copy of the proposed annual budget. Notice may be provided by mail, personal delivery, or electronic transmission.

Citation: §719.106(1)(e)1., F.S.

Condominiums (Chapter 718, Florida Statutes):
The board must give written notice, including an agenda, to each unit owner at least 14 days before the annual meeting. Notice may be delivered by mail, personal delivery, or electronic transmission.

The association must also post notice of the meeting in a conspicuous place on the condominium property for at least 14 continuous days before the meeting. As an alternative or in addition, the association may adopt reasonable rules to post and broadcast the notice and agenda on a closed-circuit cable television system or conspicuously post the notice on a website serving the condominium association.

Citation: §718.112(2)(d)3., F.S.

Cooperatives (Chapter 719, Florida Statutes):
The board must give written notice, including an agenda, to each unit owner at least 14 days before the annual meeting. Notice may be delivered by mail, personal delivery, or electronic transmission.

The association must also post notice of the meeting in a conspicuous place on the cooperative property for at least 14 continuous days before the meeting. As an alternative or in addition, the association may adopt reasonable rules to post and broadcast the notice and agenda on a closed-circuit cable television system or conspicuously post the notice on a website serving the cooperative association.

Citation: §719.106(1)(d), F.S.

Condominiums (Chapter 718, Florida Statutes):
There is no statutory requirement that condominium associations hold monthly meetings. Each association must hold an annual meeting of the members and a budget meeting. Other meetings are governed by the association’s governing documents.

However, condominium associations with more than 10 units must hold board meetings at least once each quarter. The requirements for notice and access to those meetings are set forth in section 718.112(2)(c), Florida Statutes.

In addition, if 20 percent of the voting interests in the association petition the board to address an item of business, the board must place the item on the agenda at its next regular board meeting or at a special meeting called for that purpose, within 60 days after receiving the petition.

Citation: §§718.112(2)(c), (d), (e), F.S.

Cooperatives (Chapter 719, Florida Statutes):
There is no statutory requirement that cooperative associations hold monthly meetings. Each association must hold an annual meeting of the members and a budget meeting. Other meetings are governed by the association’s governing documents.

Citation: §§719.106(1)(d), (e), F.S.

Condominiums (Chapter 718, Florida Statutes):
A general proxy allows the proxy holder to vote on any matter that may be undertaken at a specific unit owner meeting, except for those matters requiring a limited proxy. A limited proxy must conform to Division form, it lists specific issues that the proxy holder may vote on and provides instructions on how to vote on those issues.

Limited proxies must be used for votes to waive or reduce reserves, waive financial reporting requirements, amend the declaration, articles of incorporation, or bylaws, and for any other matter requiring a vote of the unit owners. A proxy form may grant both general and limited powers, proxies may be used to establish a quorum, are only effective for meeting or meetings specifically given for or up to 90 days and are revocable by unit owner at anytime.

Citation: §718.112(2)(b)2.–3., F.S.; Rule 61B-23.002(5), F.A.C.

Cooperatives (Chapter 719, Florida Statutes):
A general proxy allows the proxy holder to vote on any matter that may be undertaken at a specific unit owner meeting, except for those matters requiring a limited proxy. A limited proxy lists specific issues that the proxy holder may vote on and provides instructions on how to vote on those issues.

Limited proxies must be used for votes to waive or reduce reserves, waive financial reporting requirements, amend the cooperative documents, and for any other matter requiring a vote of the unit owners. A proxy form may grant both general and limited powers, and proxies may be used to establish a quorum.

Citation: §719.106(1)(b)2.–3., F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. A unit owner may mail their ballot to the association, provided it is submitted in accordance with the procedures established by Rule 61B-23.0021(8), F.A.C. The ballot must be placed in the inner envelope, then sealed in the outer envelope signed by the voter, and delivered or mailed to the association before the election.

A unit owner may also vote electronically, such as by email or through an online voting system, if the association has adopted a board resolution authorizing electronic voting and the unit owner has consented in writing or by email.

If a unit owner votes by email, they are deemed to have waived the right to cast a secret ballot to the extent that their identity can be associated with the emailed vote.

Citation: Rule 61B-23.0021(8), F.A.C., § 718.128, F.S.

Cooperatives (Chapter 719, Florida Statutes):
Yes. A unit owner may mail their ballot to the association, provided it is submitted in accordance with the procedures established by Rule 61B-75.005, F.A.C. The ballot must be placed in the inner envelope, then sealed in the outer envelope signed by the voter and delivered or mailed to the association before the election.

While a cooperative association may conduct elections and other votes through an internet-based online voting system if the board has authorized electronic voting by resolution and the unit owner has consented in writing or electronically, voting by email is not authorized under Chapter 719. The statute allows online voting only through a system that authenticates the voter’s identity, records the vote securely, and maintains ballot secrecy as required by law.

Citation: Rule 61B-75.005(8), F.A.C., 61B-75.0050, F.A.C.; § 719.129, F.S.

Condominiums (Chapter 718, Florida Statutes):
Unit owner decisions are required for votes taken to:

• • • Waive or reduce reserves (note: for budgets adopted on or after December 31, 2024, unit owners may not vote to waive or reduce reserves for items required to be included in a structural integrity reserve study, except in multicondominiums with a Division-approved alternative funding method)
    • Use reserves for other purposes
    • Elect directors by ballot
    • Amend the declaration
    • Amend the articles of incorporation or bylaws (unless such documents state otherwise)
    • Recall board members
    • Adopt a substitute budget
    • Materially alter or substantially add to the association property
    • Terminate the condominium
    • Extend a developer guarantee
    • Waive financial reporting requirements
    • Cancel certain contracts

Other unit owner votes may be required by the association’s governing documents.

Citation: §§718.110, 718.111(13), 718.112(2)(b)2., 718.112(2)(d)2., 718.112(2)(e)2., 718.112(2)(f)2.–3., 718.112(2)(h), 718.112(2)(j), 718.113(2)(a), 718.115(1)(d)1., 718.116(9)(a)2., 718.117, F.S.

Cooperatives (Chapter 719, Florida Statutes):
Unit owner decisions are required for votes taken to:

• • • Waive or reduce reserves (note: for budgets adopted on or after December 31, 2024, unit owners may not vote to waive or reduce reserves for items required to be included in a structural integrity reserve study)
    • Use reserves for other purposes
    • Elect directors by ballot
    • Amend the cooperative documents, including the articles of incorporation or bylaws (unless such documents state otherwise)
    • Recall board members
    • Adopt a substitute budget
    • Materially alter or substantially add to the association property
    • Terminate the cooperative
    • Extend a developer guarantee
    • Waive financial reporting requirements
    • Cancel certain contracts

Other unit owner votes may be required by the cooperative’s governing documents.

Citation: §§719.104(4), 719.104(6), 719.1055(1), 719.106(1)(b)2., 719.106(1)(e)2.–3., 719.106(1)(f), 719.106(1)(h), 719.106(1)(j)2.–3., F.S.

Condominiums (Chapter 718, Florida Statutes):
An Alternative Funding Method is a method approved by the Division for funding the capital expenditures and deferred maintenance obligations of a multicondominium association. A Division-approved Alternative Funding Method may reasonably be expected to fully satisfy the association’s reserve funding obligations by the allocation of funds in the annual operating budget.

For budgets adopted on or after December 31, 2024, members of a unit-owner-controlled condominium association that must obtain a structural integrity reserve study may not determine to provide no reserves or less reserves than required, except when operating a multicondominium association that has an Alternative Funding Method approved by the Division.

Citation: §718.103, §718.112(2)(f), F.S.

Condominiums (Chapter 718, Florida Statutes):
Alternative Funding Methods are submitted through the association’s online account with the Department’s Online Services Portal. The information to create an account can be found at:
https://www2.myfloridalicense.com/condominiums-and-cooperatives/create-online-account/

Citation: §718.112(2)(f), F.S.

Condominiums (Chapter 718, Florida Statutes):
A multicondominium is defined as real property containing two or more condominiums, all of which are operated by the same association.

Citation: §718.103(23), F.S.

Condominiums (Chapter 718, Florida Statutes):
The board of directors is responsible for adopting the annual budget. If a board proposes a budget that would increase assessments against unit owners by more than 115% compared to the previous fiscal year, the board must also propose a substitute budget. This substitute budget must exclude any discretionary (non-required) expenses and must be presented at the same budget meeting before the adoption of the annual budget. The substitute budget is adopted if it is approved by a majority of all voting interests unless the bylaws require adoption by a greater percentage of voting interests.

Citation: §718.112(2)(e), F.S.

Cooperatives (Chapter 719, Florida Statutes):
The board of directors adopts the annual budget. If the budget requires assessments that exceed 115 percent of the assessments for the prior year, 10 percent of the unit owners may petition for a special meeting of the unit owners within 30 days, to consider an alternative budget. Unless a majority of all voting interests vote to adopt a substitute budget, the budget adopted by the board goes into effect.

Citation: §719.106(1)(e), F.S.

Condominiums (Chapter 718, Florida Statutes):
The board must provide a notice and copy of the proposed budget at least 14 days before the budget meeting. The notice must be hand delivered to each unit owner, mailed to each unit owner, or electronically transmitted to the location last furnished by the unit owner.

The annual budget must be adopted at least 14 days before the start of the association’s fiscal year.

Citation: §718.112(2)(e),(f), F.S.

Cooperatives (Chapter 719, Florida Statutes):
The board must provide a notice and copy of the proposed budget at least 14 days before the budget meeting. The notice must be hand delivered to each unit owner, mailed to each unit owner, or electronically transmitted to the location last furnished by the unit owner.

The annual budget must be adopted at least 14 days before the start of the association’s fiscal year.

Citation: §719.106(1)(e)(j), F.S.

Condominiums (Chapter 718, Florida Statutes):
Reserve funds, and any interest earned, must remain in the reserve accounts and may only be used for authorized reserve expenditures. Using reserves for other purposes is permitted only if approved in advance by a majority vote of all voting interests of the association.

Members of a unit-owner-controlled condominium association that must obtain a structural integrity reserve study may not vote to use reserve funds, or any interest accruing thereon, for any purpose other than the replacement or deferred maintenance costs of the components listed in the statute.

Citation: §718.112(2)(f)3., F.S.

Cooperatives (Chapter 719, Florida Statutes):
Reserve funds, and any interest earned, must remain in the reserve accounts and may only be used for authorized reserve expenditures. Using reserves for other purposes is permitted only if approved in advance by a majority vote of all voting interests of the association.

Members of a unit-owner-controlled cooperative association that must obtain a structural integrity reserve study may not vote to use reserve funds, or any interest accruing thereon, for any purpose other than the replacement or deferred maintenance costs of the components listed in the statute.

Citation: §719.106(1)(j), F.S.

Condominiums (Chapter 718, Florida Statutes):
The members of a unit-owner-controlled association may, by a majority vote of the total voting interests, decide to provide no reserves or less reserves than required by law.

However, for budgets adopted on or after December 31, 2024, if the association is required to obtain a structural integrity reserve study, the members may not vote to waive or reduce reserve funding for the items listed in the statute, unless the association is a multicondominium with a Division-approved alternative funding method.

If a local building official determines that the entire condominium building is uninhabitable due to a natural emergency, the board, by majority vote, may pause or reduce contributions to reserves until the building is deemed habitable again. Any reserve funds may be expended as needed to make the building habitable, after which reserve contributions must immediately resume.

Citation: §718.112(2)(f)2., F.S.

Cooperatives (Chapter 719, Florida Statutes):
The members of a unit-owner-controlled cooperative association may, by a majority vote of the total voting interests, decide to provide no reserves or less reserves than required by law.

For budgets adopted on or after December 31, 2024, if the association is required to obtain a structural integrity reserve study, the members may not vote to waive or reduce reserve funding for the items listed in the statute.

If a local building official determines that the entire cooperative building is uninhabitable due to a natural emergency, the board, by majority vote, may pause or reduce contributions to reserves until the building is deemed habitable again. Any reserve funds may be expended as needed to make the building habitable, after which reserve contributions must immediately resume.

Citation: §719.106(1)(j), F.S.

Condominiums (Chapter 718, Florida Statutes):
No. Under the statute, a condominium association may temporarily pause or reduce reserve funding for no more than two consecutive annual budgets only for the purpose of funding repairs recommended by a milestone inspection. If the milestone inspection does not identify any repairs, the association has no authority to pause or reduce reserve contributions.

Citation: § 718.112(2)(f), F.S.

Cooperatives (Chapter 719, Florida Statutes):
No. A cooperative association may pause reserve contributions or reduce reserve funding for no more than two consecutive annual budgets, but only when such action is needed to fund repairs recommended by the milestone inspection. If the milestone inspection report contains no repair recommendations, the association may not pause or reduce reserve funding.

Citation: § 719.106(1)(j)2.b., F.S.

Condominiums (Chapter 718, Florida Statutes):
A Structural Integrity Reserve Study, or SIRS, is a study of the reserve funds required for the future repairs and replacement of condominium property. The study must be performed as required under §718.112(2)(g), Florida Statutes, and must be based on a visual inspection of the property. The SIRS identifies each reserve component, its estimated remaining useful life, and projects the anticipated replacement cost or deferred maintenance expense. The SIRS must also include a recommended funding plan to ensure that adequate reserves are maintained for future expenses.

Citation: §718.103(28) and 718.112(2)(g), F.S.

Cooperatives (Chapter 719, Florida Statutes):
A Structural Integrity Reserve Study, or SIRS, is a study of the reserve funds required for the future repairs and replacement of cooperative property. The study must be performed as required under §719.106(1)(k), Florida Statutes, and must be based on a visual inspection of the property. The SIRS identifies each reserve component, its estimated remaining useful life, and projects the anticipated replacement cost or deferred maintenance expense. The SIRS must also include a recommended funding plan to ensure that adequate reserves are maintained for future expenses.

Citation: §719.103(24) and 719.106(1)(k), F.S.

Condominiums (Chapter 718, Florida Statutes):
A residential condominium association must have a structural integrity reserve study completed at least once every 10 years after the condominium’s creation for each building on the property that is three habitable stories or higher in height, as determined by the Florida Building Code.

At a minimum, the study must include a visual inspection of the following items as related to the structural integrity and safety of the building:

• Roof
• Structure, including load-bearing walls and other primary structural members and systems
• Fireproofing and fire protection systems
• Plumbing
• Electrical systems
• Waterproofing and exterior painting
• Windows and exterior doors
• Any other item with a deferred maintenance expense or replacement cost exceeding the statutory threshold (adjusted annually, current amount can be found on the Division website, Reserve Threshold) if its failure would negatively affect the listed items

Citation: §718.112(2)(g), F.S.

Cooperatives (Chapter 719, Florida Statutes):
A residential cooperative association must have a structural integrity reserve study completed at least once every 10 years after the cooperative’s creation for each building on the property that is three habitable stories or higher in height, as determined by the Florida Building Code.

At a minimum, the study must include a visual inspection of the following items as related to the structural integrity and safety of the building:

• Roof
• Structure, including load-bearing walls and other primary structural members and systems
• Fireproofing and fire protection systems
• Plumbing
• Electrical systems
• Waterproofing and exterior painting
• Windows and exterior doors
• Any other item with a deferred maintenance expense or replacement cost exceeding the statutory threshold (adjusted annually, current amount can be found on the Division website, Reserve Threshold) if its failure would negatively affect the listed items

Citation: §719.106(1)(k), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. Within 45 days after receiving the structural integrity reserve study, the association must either:

• Distribute a copy of the study to each unit owner, or
• Deliver to each unit owner a notice that the completed study is available for inspection and copying upon written request

Distribution must be by United States mail, personal delivery, or electronic transmission (for unit owners who previously consented to receive notices electronically).

Citation: §718.112(2)(g), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Yes. Within 45 days after receiving the structural integrity reserve study, the association must either:

• Distribute a copy of the study to each unit owner, or
• Deliver to each unit owner a notice that the completed study is available for inspection and copying upon written request

Distribution must be by United States mail, personal delivery, or electronic transmission (for unit owners who previously consented to receive notices electronically).

Citation: §719.106(1)(k), F.S.

Condominiums (Chapter 718, Florida Statutes):
Within 45 days after receiving the structural integrity reserve study, the association must provide the Division with a statement indicating that the study was completed and that the association has provided or made the study available to each unit owner. This notice must be submitted through the association’s online account with the Division.

Citation: §718.112(2)(g), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Within 45 days after receiving the structural integrity reserve study, the association must provide the Division with a statement indicating that the study was completed and that the association has provided or made the study available to each unit owner. This notice must be submitted through the association’s online account with the Division.

Citation: §719.106(1)(k), F.S.

Distribution of a copy of the study or notice must be made by United States Mail or personal delivery to the mailing address, property address, or any other address of the owner provided to fulfill the association’s notice requirements under this chapter, or by electronic transmission to the e-mail address or facsimile number provided to fulfill the associations notice requirements to unit owners who previously consented to receive notice by electronic transmission.

Effective December 31, 2024, a residential condominium must have a structural integrity reserve study completed at least every 10 years after the condominium’s creation for reach building on the condominium property that is three stories or higher in height as determined by the Florida Building Code.

Condominiums (Chapter 718, Florida Statutes):
No. A Milestone Inspection and a Structural Integrity Reserve Study (SIRS) are separate requirements under Florida law. However, they may be conducted at the same time under certain circumstances.

For associations existing on or before July 1, 2022, that are controlled by unit owners other than the developer, a SIRS must be completed by December 31, 2025, for each building on the condominium property that is three or more stories in height.

If the association is required to complete a Milestone Inspection under §553.899, Florida Statutes, on or before December 31, 2026, the SIRS may be completed at the same time as the Milestone Inspection. In no event may the SIRS be completed after December 31, 2026.

Citation: §718.112(2)(g), F.S.

Cooperatives (Chapter 719, Florida Statutes):
No. A Milestone Inspection and a Structural Integrity Reserve Study (SIRS) are separate requirements under Florida law. However, they may be conducted at the same time under certain circumstances.

For associations existing on or before July 1, 2022, that are controlled by unit owners other than the developer, a SIRS must be completed by December 31, 2025, for each building on the cooperative property that is three or more stories in height.

If the association is required to complete a Milestone Inspection under §553.899, Florida Statutes, on or before December 31, 2026, the SIRS may be completed at the same time as the Milestone Inspection. In no event may the SIRS be completed after December 31, 2026.

Citation: §719.106(1)(k), F.S.

Condominiums (Chapter 718, Florida Statutes):
The structural integrity reserve study must, at a minimum:

• Identify each item of the condominium property being visually inspected
• State the estimated remaining useful life of each item
• State the estimated replacement cost or deferred maintenance expense of each item
• Provide a recommended reserve funding schedule that achieves the estimated cost of repair or replacement by the end of the item’s useful life

Citation: §718.112(2)(g), F.S.

Cooperatives (Chapter 719, Florida Statutes):
The structural integrity reserve study must, at a minimum:

• Identify each item of the cooperative property being visually inspected
• State the estimated remaining useful life of each item
• State the estimated replacement cost or deferred maintenance expense of each item
• Provide a recommended reserve funding schedule that achieves the estimated cost of repair or replacement by the end of the item’s useful life

Citation: §719.106(1)(k), F.S.

Condominiums (Chapter 718, Florida Statutes):
Regular assessments are the fees collected from unit owners for the payment of common expenses in accordance with the annual budget. Regular assessments must be collected not less frequently than quarterly.

Special assessments are assessments levied against unit owners for expenses other than those included in the adopted annual budget.

Citation: §§718.103(1), (27) and 718.112(2)(i), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Regular assessments are the fees collected from unit owners for the payment of common expenses in accordance with the annual budget. Regular assessments must be collected not less frequently than quarterly.

Special assessments are assessments levied against unit owners for expenses other than those included in the adopted annual budget.

Citation: §§719.103(1), (23) and 719.106(1)(g), F.S.

Condominiums (Chapter 718, Florida Statutes):
Notice of any meeting where a special assessment will be considered must be mailed, delivered, or electronically transmitted to each unit owner at least 14 days before the meeting. The notice must specifically state that assessments will be considered and must include the estimated cost and description of the purposes for such assessments.

If an agenda item relates to the approval of a contract for goods or services, a copy of the contract must be provided with the notice and made available for inspection and copying upon a written request from a unit owner, or made available on the association’s website or through a downloadable application.

Citation: §718.112(2)(c)2.–3., F.S.

Cooperatives (Chapter 719, Florida Statutes):
Notice of any meeting where a special assessment will be considered must be mailed, delivered, or electronically transmitted to each unit owner at least 14 days before the meeting. The notice must specifically state that assessments will be considered and must include the estimated cost and description of the purposes for such assessments.

If an agenda item relates to the approval of a contract for goods or services, a copy of the contract must be provided with the notice and made available for inspection and copying upon a written request from a unit owner or made available on the association’s website or through a downloadable application.

Citation: §719.106(1)(c), F.S.

Condominiums (Chapter 718, Florida Statutes):
The governing documents of the association determine whether the board of directors or the unit owners must approve special assessments. The Condominium Act does not specify who approves special assessments, but it does require minimum notice for any meeting at which a special assessment will be considered.

Citation: §§718.112(2)(c)1. and 718.116(10), F.S.

Cooperatives (Chapter 719, Florida Statutes):
The governing documents of the association determine whether the board of directors or the unit owners must approve special assessments. The Cooperative Act does not specify who approves special assessments, but it does require minimum notice for any meeting at which a special assessment will be considered.

Citation: §§719.106(1)(c) and 719.108(9), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. Assessments and installments on them that are not paid when due bear interest at the rate provided in the association’s governing documents. If no rate is specified, interest accrues at 18 percent per year.

Citation: §718.116(3), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Yes. Assessments and installments on them that are not paid when due bear interest at the rate provided in the cooperative documents. If no rate is specified, interest accrues at 18 percent per year.

Citation: §719.108(3), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. A condominium association may suspend a unit owner’s right to vote if the unit owner is more than 90 days delinquent in paying any monetary obligation due to the association that totals more than $1,000. This action must be taken at a properly noticed board meeting.

Citation: §718.303(5), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Yes. A cooperative association may suspend a unit owner’s right to vote if the unit owner is more than 90 days delinquent in paying any monetary obligation due to the association that totals more than $1,000. This action must be taken at a properly noticed board meeting.

Citation: §719.303(5), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. A unit owner who prevails in an action against the association under §718.303(1) is entitled to recover reasonable attorney’s fees. In addition, the court or arbitrator may award reimbursement for the unit owner’s share of any assessments levied by the association to fund its litigation expenses.

Citation: §718.303(1), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Yes. A unit owner who prevails in an action against the association under §719.303(1) is entitled to recover reasonable attorney’s fees. In addition, the court or arbitrator may award reimbursement for the unit owner’s share of any assessments levied by the association to fund its litigation expenses.

Citation: §719.303(1), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. An association must accept all payments for assessments, including late payments. Any delinquent payment received must be applied in the following order: first to any interest accrued, then to any administrative late fees, then to any costs and reasonable attorney’s fees incurred in collection, and finally to the delinquent assessment.

Citation: §718.116(3), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Yes. An association must accept all payments for assessments, including late payments. Any delinquent payment received must be applied in the following order: first to any interest accrued, then to any administrative late fees, then to any costs and reasonable attorney’s fees incurred in collection, and finally to the delinquent assessment.

Citation: §719.108(3), F.S.

Condominiums (Chapter 718, Florida Statutes):
The association must deliver a copy of the most recent financial report, or a notice that the report will be mailed or hand delivered upon written request, to each unit owner by United States mail, personal delivery, e-mail, or facsimile, as provided in the association’s notice requirements. If a unit owner requests a copy in writing, the report must be delivered within 5 business days at no charge.

Citation: §718.111(13), F.S.

Cooperatives (Chapter 719, Florida Statutes):
The association must deliver a copy of the most recent financial report, or a notice that the report will be mailed or hand delivered upon written request, to each unit owner by United States mail, personal delivery, e-mail, or facsimile, as provided in the association’s notice requirements. If a unit owner requests a copy in writing, the report must be delivered within 5 business days at no charge.

Citation: §719.104(4), F.S.

Condominiums (Chapter 718, Florida Statutes):
Within 90 days after the end of the fiscal year, or annually on a date provided in the bylaws, the association must prepare and complete, or contract for the preparation and completion of, a financial report for the preceding fiscal year.

Within 21 days after the financial report is completed, but no later than 180 days after the end of the fiscal year or the date provided in the bylaws, the association must mail or deliver a copy of the most recent financial report to each unit owner, or provide a notice that a copy will be mailed or delivered within 5 business days of a written request.

Citation: §718.111(13), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Within 90 days after the end of the fiscal year, or annually on a date provided in the bylaws, the association must prepare and complete, or contract for the preparation and completion of, a financial report for the preceding fiscal year.

Within 21 days after the financial report is completed, but no later than 120 days after the end of the fiscal year or the date provided in the bylaws, the association must mail or deliver a copy of the most recent financial report to each unit owner, or provide a notice that a copy will be mailed or delivered within 5 business days of a written request.

Citation: §719.104(4), F.S.

Condominiums (Chapter 718, Florida Statutes):
The type of financial report required depends on the association’s total annual revenues:

• Less than $150,000 – a report of cash receipts and expenditures
• At least $150,000 but less than $300,000 – compiled financial statements
• At least $300,000 but less than $500,000 – reviewed financial statements
• $500,000 or more – audited financial statements

All reports must be prepared in accordance with generally accepted accounting principles.

Citation: §718.111(13), F.S.

Cooperatives (Chapter 719, Florida Statutes):
The type of financial report required depends on the association’s total annual revenues:

• Less than $150,000 – a report of cash receipts and expenditures
• At least $150,000 but less than $300,000 – compiled financial statements
• At least $300,000 but less than $500,000 – reviewed financial statements
• $500,000 or more – audited financial statements

All reports must be prepared in accordance with generally accepted accounting principles.

Citation: §719.104(4), F.S.

Condominiums (Chapter 718, Florida Statutes):
No. A condominium association cannot waive preparing a financial report . However, the membership may approve preparing a lower level of financial reporting than otherwise required by statute, if approved by a majority of the voting interests present at a properly called meeting. This option may not be used for two consecutive fiscal years.

Citation: §718.111(13), F.S.

Cooperatives (Chapter 719, Florida Statutes):
No. A cooperative association cannot waive preparing a financial report . However, the membership may approve preparing a lower level of financial reporting than otherwise required by statute, if approved by a majority of the voting interests present at a properly called meeting. This option may not be used for two consecutive fiscal years.

Citation: §719.104(4), F.S.

Condominiums (Chapter 718, Florida Statutes):
No. A condominium association may not prepare a lower level of financial reporting for two consecutive fiscal years. If the developer has not turned over control of the association, all unit owners, including the developer, may vote on issues related to the preparation of financial reports through the end of the second fiscal year after the year in which the declaration was recorded or a unit was first conveyed, whichever occurs first.

Citation: §718.111(13), F.S.

Cooperatives (Chapter 719, Florida Statutes):
No. A cooperative association may not prepare a lower level of financial reporting for two consecutive fiscal years. If the developer has not turned over control of the association, all unit owners, including the developer, may vote on issues related to the preparation of financial reports through the end of the second fiscal year after the year in which the cooperative documents were recorded or a unit was first conveyed, whichever occurs first.

Citation: §719.104(4), F.S.

Condominiums (Chapter 718, Florida Statutes):
Yes. No foreclosure judgment may be entered until at least 45 days after the condominium association gives written notice to the unit owner of its intent to foreclose its lien to collect unpaid assessments. If the notice is not provided at least 45 days before filing, and the owner pays all past due assessments before final judgment, the association may not recover attorney’s fees or costs.

Citation: §718.116(6)(b), F.S.

Cooperatives (Chapter 719, Florida Statutes):
Yes. No foreclosure judgment may be entered until at least 45 days after the cooperative association gives written notice to the unit owner of its intent to foreclose its lien to collect unpaid assessments. If the notice is not provided at least 45 days before filing, and the owner pays all past due assessments before final judgment, the association may not recover attorney’s fees or costs.

Citation: §719.108(4), F.S.

Condominiums (Chapter 718, Florida Statutes):
No. A fine imposed by a condominium association may not become a lien against a unit.

Citation: §718.303(3), F.S.

Cooperatives (Chapter 719, Florida Statutes):
No. A fine imposed by a cooperative association may not become a lien against a unit.

Citation: §719.303(3), F.S.

Condominiums (Chapter 718, Florida Statutes):
These services are common expenses if the declaration provides for them, or if the condominium association contracts for the services. The cost of such bulk contracts may be allocated on a per-unit basis, even if the declaration provides for another method of sharing common expenses.

Any bulk contract must also provide, and is deemed to provide if not expressly set forth, that certain unit owners (such as those who are hearing-impaired, legally blind, or receiving Supplemental Security Income or food assistance) may discontinue the cable or video portion of the service without incurring disconnect fees or further service charges.

Citation: §718.115(1)(d), F.S.

Cooperatives (Chapter 719, Florida Statutes):
These services are common expenses if the cooperative documents provide for them, or if the cooperative association contracts for the services. The cost of such bulk contracts may be allocated on a per-unit basis, even if the governing documents provide for another method of sharing common expenses.

Any bulk contract must also provide, and is deemed to provide if not expressly set forth, that certain unit owners (such as those who are hearing-impaired, legally blind, or receiving Supplemental Security Income or food assistance) may discontinue the cable or video portion of the service without incurring disconnect fees or further service charges.

Citation: §719.107(1)(b), F.S.

Condominiums (Chapter 718, Florida Statutes):
No. A condominium association is not required to obtain competitive bids when hiring an attorney. The statute also exempts contracts for employees of the association, accountants, architects, community association managers, timeshare management firms, engineers, or landscape architects from the competitive bidding requirements.

Citation: §718.3026(2), F.S.

Cooperatives (Chapter 719, Florida Statutes):
No. A cooperative association is not required to obtain competitive bids when hiring an attorney. The statute also exempts contracts for employees of the association, accountants, architects, community association managers, timeshare management firms, engineers, or landscape architects from the competitive bidding requirements.

Citation: §719.3026(2), F.S.

Condominiums (Chapter 718, Florida Statutes):
No. A condominium association is not required to accept the lowest bid, even when competitive bidding is required. The board may select a contractor or service provider it considers best suited for the association’s needs.

Citation: §718.3026, F.S.

Cooperatives (Chapter 719, Florida Statutes):
No. A cooperative association is not required to accept the lowest bid, even when competitive bidding is required. The board may select a contractor or service provider it considers best suited for the association’s needs.

Citation: §719.3026, F.S.

Condominiums (Chapter 718, Florida Statutes):
A condominium association may not charge a use fee against a unit owner for use of the common elements, common areas, or association property unless the condominium declaration provides for it, a majority of the association votes to approve it, or the charges relate to expenses incurred by a unit owner having exclusive use of certain common elements, common areas, or association property.

Citation: §718.111(4), F.S.

Cooperatives (Chapter 719, Florida Statutes):
A cooperative association may not charge a use fee against a unit owner for use of the common elements, common areas, or association property unless the cooperative documents provide for it, a majority of the association votes to approve it, or the charges relate to expenses incurred by a unit owner having exclusive use of certain common elements, common areas, or association property.

Citation: §719.104(5), F.S.

Condominiums (Chapter 718, Florida Statutes):
The purchase of gifts for board members is not a valid common expense unless specifically authorized in the condominium declaration, articles of incorporation, or bylaws of the association.

Citation: §718.115(1)(a), F.S.

Cooperatives (Chapter 719, Florida Statutes):
The purchase of gifts for board members is not a valid common expense unless specifically authorized in the cooperative governing documents.

Citation: §719.107(1)(a), F.S.

Condominiums (Chapter 718, Florida Statutes):
Each condominium association must pay an annual fee of $4 per residential unit to the Division on or before January 1 of each year. These fees fund the Division’s operations, including:

• Investigating complaints,
• Reviewing and approving condominium documents,
• Publishing educational materials,
• Conducting seminars,
• Employing attorneys to serve as arbitrators,
• Providing customer service, and
• Maintaining a toll-free number for the public

Citation: §718.501, F.S.

Cooperatives (Chapter 719, Florida Statutes):
Each cooperative association must pay an annual fee of $4 per residential unit to the Division on or before January 1 of each year. These fees support the Division’s administration of cooperative programs, including complaint investigations, document review, arbitration services, and consumer education.

Citation: §719.501, F.S.

Condominiums (Chapter 718, Florida Statutes):
After control of the association has been turned over to the unit owners, the Division has jurisdiction to investigate complaints relating to:

• Annual financial reporting
• Assessments for common expenses
• Fines
• Commingling of reserve and operating funds
• Improper use of debit cards
• Annual operating budget and allocation of reserves
• Financial records and other records needed to determine revenues and expenses
• Elections, including procedures, recalls, and electronic voting
• Access to official records
• Procedural aspects of meetings (unit owner meetings, quorums, proxies, board meetings, budget meetings)
• Disclosure of conflicts of interest
• Removal of directors or officers
• Procedural completion of structural integrity reserve studies
• Unit owner written inquiries to the board
• Maintenance of association insurance and fidelity bonding requirements for all people who control or disburse funds
• Board member certification and education requirements
• Compliance with structural integrity reserve study reporting requirements to the Division
• Completion of milestone inspections and required structural repairs

Citation: §718.501(1), F.S.

Cooperatives (Chapter 719, Florida Statutes):
After turnover, the Division has jurisdiction to investigate complaints involving:

• Financial reporting and financial records
• Assessments and allocation of common expenses
• Fines
• Commingling of reserve and operating funds
• Use of debit cards for unauthorized purposes
• Budgets and reserves
• Elections, including recalls and electronic voting procedures
• Access to official records
• Procedural aspects of meetings (unit owner meetings, quorums, proxies, board meetings, budget meetings)
• Disclosure of conflicts of interest
• Removal of directors or officers
• Procedural completion of structural integrity reserve studies
• Responses to unit owner written inquiries
• Maintenance of association insurance and fidelity bonding requirements for all people who control or disburse funds
• Board member certification and education requirements
• Compliance with structural integrity reserve study reporting requirements to the Division
• Completion of milestone inspections and required structural repairs

Citation: §719.501(1), F.S.

Condominiums (Chapter 718, Florida Statutes):
You may file a complaint form with the Division of Florida Condominiums, Timeshares, and Mobile Homes.
A complaint form can be filed online through the Department’s Online Service Portal or by downloading it from the Division’s website.

Within 30 days after receipt, the Division will notify you whether each allegation is within its jurisdiction and whether more information is needed. If appropriate, the Division will then begin an investigation. After turnover, the Division’s jurisdiction is limited to financial issues, elections, access to records, completion of repairs required the milestone inspection, written inquiries by unit owners to the association, requirement for associations to maintain insurance policy or fidelity bonding for all persons who control or disperse funds of the association, board member education requirements, and the procedural completion of structural integrity reserve study and milestone inspection.

Citation: §718.501(1), (1)(m), F.S.

Cooperatives (Chapter 719, Florida Statutes):
You may file a complaint form with the Division of Florida Condominiums, Timeshares, and Mobile Homes. A complaint form an be filed online through the Department’s Online Service Portal or by downloading it from the Division’s website.

Within 30 days after receipt, the Division will notify you whether the complaint is within its jurisdiction and whether more information is needed. If appropriate, the Division will then begin an investigation. After turnover, the Division’s jurisdiction is limited to financial issues, elections, access to records, and the procedural completion of structural integrity reserve studies.

Citation: §719.501(1), (1)(m), F.S.

Condominiums (Chapter 718, Florida Statutes):
A current copy of Chapter 718, Florida Statutes, may be accessed online through the Division of Florida Condominiums, Timeshares, and Mobile Homes’ Statutes and Rules page. Printed copies may also be available through legal publishers or the Florida Legislature’s website.

Cooperatives (Chapter 719, Florida Statutes):
A current copy of Chapter 719, Florida Statutes, may be accessed online through the Division of Florida Condominiums, Timeshares, and Mobile Homes’ Statutes and Rules page. Printed copies may also be available through legal publishers or the Florida Legislature’s website.

Effective July 1, 2021, Section 718.1255, Florida Statutes, requires arbitration of certain condominium disputes as an alternative to court litigation and also pre-suit mediation of such disputes. Arbitration is an alternative to a court proceeding where a neutral third person, called an arbitrator, considers the facts and arguments presented by the parties and renders a decision. An arbitration proceeding may involve a hearing if there are disputed issues. If a hearing is held, each party is given an opportunity to present evidence through witnesses and exhibits. If there are no disputed issues, the arbitrator will generally decide the case based on the assertions in the petition for arbitration, the answer, and the applicable law. Pre-suit mediation, on the other hand, means a process whereby a neutral third person, called a mediator, acts to encourage and facilitate the voluntary settlement of a dispute between two or more parties. It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, the decision-making authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem-solving and exploring settlement alternatives. Pre-suit mediation is conducted in accordance with Section 720.311 of the Florida Statute.  Election and recall disputes are not eligible for pre-suit mediation and such disputes must be arbitrated by the Division or filed in a court of competent jurisdiction.

For condominium and cooperative disputes, a petition must be accompanied by a $50.00 filing fee.  You should also be aware that if you lose in arbitration you may have to pay the other side’s attorney’s fees and costs.

The arbitration program’s jurisdiction is limited.  Therefore, any party who is in doubt as to whether a controversy falls within the jurisdiction of the arbitration program may file a request for expedited determination of jurisdiction by filing a completed DBPR form ARB 6000-004, REQUEST FOR EXPEDITED DETERMINATION OF JURISDICTION along with a completed   Non-Binding Petition – DBPR Form ARB 6000-001  The $50.00 filing fee must accompany the request.

All arbitration forms may be found at the Educational Materials Page for condominium arbitration.  The arbitration forms may also be obtained by writing: Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, Arbitration Section, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030.

Petitions, answers and other pleadings must be filed with the arbitration section at the following address: Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, Arbitration Section, Capital Commerce Center, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030. Filings may also be made by facsimile at 850.487.0870.  However, it should be noted that any facsimile received after 5:00 p.m. local time will be considered to have been received the next business day.  It should also be noted, that a copy of any document filed with the arbitrator must be provided to the other party other party’s representative (if the party has an attorney or other representative) and the document must state that a copy has been provided to the other party or party’s representative.  If a case number has been assigned to the case, any document filed should include the case number.

A party may communicate in writing with the arbitrator.  If a party wishes to speak to an arbitrator, the party may request in writing that a case management conference be held at which all parties are present.  If the arbitrator finds that a case management conference is merited, an order will be issued directing the parties to attend the conference.  However, no party or person interested in the arbitration proceeding or party representative may communicate with the arbitrator or member of the Department verbally or in writing in the absence of all other parties. Such a communication is called an ex parte communication.   Additionally, every document filed must contain a certificate of service, stating that a copy has been provided to the opposing parties and the date and method by which it was provided.   The purpose of this rule is to ensure that there are no contacts with the arbitrator without notice to the other party or the attorney for the other party.  The rule also ensures that each party has a complete record of all documents filed in the case.  Any communications or documents, by parties or nonparties, that do not comply with these requirements are subject to being stricken and not considered by the arbitrator.  Parties shall not attempt to engage in ex parte communication with the arbitrator by directly contacting the arbitrator or indirectly by contacting other employees of the Department in person, by telephone, facsimile, or e-mail.   The arbitrator functions as an impartial judge and, therefore, the arbitrator and arbitration staff are prohibited from providing the parties legal advice or other guidance.  If a party does not understand the arbitration process, the party should consult an attorney licensed to practice law in the State of Florida.

Only the parties or their representatives may file pleadings, motions or other communications with the arbitrator.  Anything filed by a non-party will be stricken and not considered by the arbitrator.

No. A party may be represented by an attorney, may represent him or herself, or may be represented by a qualified representative. If a party wants to be represented by a qualified representative, he or she must file with the arbitrator a completed DBPR form ARB 6000-002, QUALIFIED REPRESENTATIVE APPLICATION. Based on the information provided on the completed form, and based on the response to any inquiries made by the arbitrator concerning the applicant’s familiarity and understanding of the statute and rules applicable to the proceeding, the arbitrator will determine whether the prospective representative is authorized and qualified to appear in the arbitration proceeding and capable of representing the rights and interests of the party.

More in depth information regarding the arbitration program may be found at    Arbitration News & Information web page.

Information regarding the homeowner’s association arbitration program may be found at  Homeowners’ Associations Arbitration Webpage.

INFORMATION ON THE ARBITRATION SECTION’S WEB PAGES IS BEING PROVIDED AS A GENERAL REFERENCE RESOURCE AND IS NOT INTENDED TO SERVE AS LEGAL ADVICE.  DEPARTMENT STAFF ARE NOT PERMITTED TO PROVIDE LEGAL ADVICE, ADVISE PERSONS AS TO WHETHER THEY SHOULD PURSUE LEGAL ACTION, OR INTERPRET THE RESOURCES PROVIDED ON THE ARBITRATION SECTION’S WEBPAGE.   IF AFTER REVIEWING THE RESOURCES ON THE ARBITRATION SECTION’S WEB PAGES, YOU STILL HAVE QUESTIONS REGARDING YOUR LEGAL RIGHTS OR A LEGAL ISSUE, IT IS SUGGESTED THAT YOU CONSULT AN ATTORNEY.   IF YOU DO NOT KNOW HOW OR WHERE TO FIND AN ATTORNEY, YOU MAY WISH TO CONSULT THE FLORIDA BAR’S ATTORNEY REFERRAL SERVICE web page (Link to http://www.floridabar.org/tfb/TFBConsum.nsf/48E76203493B82AD852567090070C9B9/ EC2322E512B83D1E85256B2F006CC812?OpenDocument ) or by calling   1-800-342-8011.

At this point, the unit owners who voted at the recall meeting or who executed the agreement in writing will constitute one party under the petition for arbitration. The Division will appoint an arbitrator who will make the final decision as to the effectiveness of the recall. If the arbitrator certifies the recall, the recall will become effective upon the mailing of the final order of arbitration to the association. You may find our sample form for a written recall agreement helpful. Condominium: Section 718.112(2)(j)3., Florida Statutes, and Rules 61B-23.0027 and 61B-23.0028, Florida Administrative Code Cooperative: Section 719.106(1)(f)3., Florida Statutes, and Rules 61B-75.007 and 61B-75.008, Florida Administrative Code