Condominium Updates

Enhancing Safety 

• Uniform definition of Hurricane Protection and Hurricane Protection is no longer a material alteration.
• Emails and facsimile numbers cannot be shared with third parties
• Prohibits associations from reducing the required type of financial statement for consecutive years.
• Reporting the SIRS to the division
• Criminal charges against a board member
• Meeting: unit owners can ask questions relating to status of construction or repair projects, status of revenues and expenditures, and any other issues

Promoting Accountability and Transparency

• Insurance- Division will investigate complaints related to the maintenance of the required insurance policy or fidelity bond.
• Meetings- Associations must meet quarterly (s. 718.112(2)(c), F.S.)
• Official records-
  • maintain records in an organized manner;
  • require new records be maintained (invoices, receipts, deposit slips, building permits, education certificates);
  • in the event that records are lost, destroyed, or unavailable, the obligation to maintain the official records include a good faith obligation to obtain and recover records as reasonably possible;
  • provide a checklist when access is granted;
• Records on website for condominiums with 25 or more units (effective January 1, 2026)
• Financial Reporting- association must provide a copy of the report and a copy of the notice to unit owners
• Meeting: unit owners can ask questions relating to status of construction or repair projects, status of revenues and expenditures, and any other issues
• Education: additional educational requirements and continuing education requirements for board members
• Voting rights- association must notify a unit owner at least 90 days before an election that their voting rights may be suspended due to nonpayment of a fee or monetary obligation.
• Transfer of Developer control to unit owners- A developer’s turnover report must include a SIRS or a statement that one is not required.
• Non-Developer Disclosure- Effective October 1, 2024, certain documents are required to be provided to purchasers who enter into a contract for the purchase of a unit.
• Reporting the SIRS to the division
• Special assessment disclosure: if a special assessment meeting is noticed that includes an agenda item related to the approval of goods or services, a copy of the contract must be provided with the notice and be made available for inspection.

Improving Customer Service 

• Expanded Jurisdiction- Division’s jurisdiction expands to include: 1) the procedural aspects and records relating to financial issues… ; 2) elections, including election and voting requirements under s. 718.112(2)(b) and (d), recall of board members under s. 718.112(2)(l), electronic voting under s. 718.128, and elections that occur during an emergency under s. 718.1265(1)(a); 3) the maintenance of and unit owner access to association records; 4) the procedural aspects of meetings… ; 5) the disclosure of conflicts of interest… ; and 6) the removal of a board director or officer… ; 7) the procedural completion of the SIRS…; and 8) any written inquiries by unit owners to the association…
• Website- Division can request access to the association’s website and adopt rules to carry out the paragraph.
• The association may fulfill its obligations by directing to the website or the application all persons authorized to request access
• Records- Division provides the unit owner access to the records they were denied
• Issue citations and promulgate rules to provide for citation bases and procedures.
• Monitor insurance compliance
• Board member education: offering board member certification courses and ensuring board member courses are approved by division
• Criminal Referral- Division shall refer to local law enforcement any person whom the division believes has engaged in fraud, theft, embezzlement, or other criminal activity.
• Attend Meetings: Division may attend and observe any meeting of the board for the purpose of performing the duties of the division or the Ombudsman
• Reporting the SIRS to the division

Resources for Condo Owners

Resources for Condo Associations

Resources for Community Association Managers