Florida statute reference · Chapter 718
Florida Condominium Act
Chapter 718 of the Florida Statutes is the primary law governing condominium associations in Florida. Annotations reflect SB 4-D (2022), SB 154 (2023), and the 2024 session.
Statute citations reviewed by the Common Elements editorial team, which includes a Florida-licensed community association manager (LCAM) and insurance broker - Florida Licensed Community Association Manager, 2-20 & 6-20.
F.S. § 718.103Amended by SB 4-D (2022)§ 718.103 - Definitions
Defines the core terms used throughout Chapter 718, including the statutory definition of a Structural Integrity Reserve Study (SIRS), common elements, unit, association, and developer. Added the SIRS definition via SB 4-D in 2022.
- SIRS definition (§ 718.103(26))
- Common elements vs. limited common elements
- Association defined
- Unit defined
F.S. § 718.111§ 718.111 - The association
Establishes the powers and duties of the condominium association as a corporate entity. Covers the association's ability to enter contracts, sue and be sued, maintain insurance, and operate common elements. Addresses records inspection rights of unit owners.
- Association corporate powers
- Insurance requirements
- Official records and inspection rights
- Financial records and reporting
F.S. § 718.112Significantly amended by SB 4-D (2022) and SB 154 (2023)§ 718.112 - Bylaws
The most comprehensive operational section of Chapter 718. Governs board of administration meeting requirements, election procedures, budget adoption, reserve funding mandates, and the SIRS requirement. Board meetings require 48-hour posted notice; elections require 60-day advance notice. Reserve funding for SIRS-scope structural components is now mandatory and non-waivable.
- 48-hour board meeting notice requirement
- Election procedures and 60-day owner notice
- Budget adoption and 14-day owner notice
- Mandatory SIRS reserve funding (non-waivable)
- Officer roles and term limits
F.S. § 718.113§ 718.113 - Maintenance; limitation upon improvement; display of flag; hurricane shutters and protection; balconies
Defines maintenance responsibilities between the association and unit owners. The association is responsible for maintaining common elements and the condominium property; owners are responsible for their units. Establishes procedures for alterations to common elements requiring owner approval.
- Association vs. owner maintenance responsibility
- Common element alterations requiring owner vote
- Hurricane shutter and protection rules
- Flag display rights
F.S. § 718.116Amended by SB 398 (2017) for estoppel fee unification§ 718.116 - Assessments; liability; lien and priority; interest; collection
Governs assessment liability, collection procedures, the condominium lien, and estoppel certificate requirements. Establishes joint and several liability for assessments, lien priority rules, and the 10-business-day clock for delivering estoppel certificates. Fee caps for estoppel certificates: $299 for current accounts, $478 for delinquent ($299 base plus a $179 surcharge), plus $119 for expedited.
- Assessment liability and joint-and-several rule
- Lien priority and foreclosure
- Estoppel certificate: 10-business-day delivery
- Estoppel fee caps ($299/$478/$119 expedited)
- Acceleration of assessments
F.S. § 718.303§ 718.303 - Obligations of owners and occupants; remedies
Sets out owner and occupant obligations, and the association's enforcement tools. Covers fine procedures, the mandatory fines committee (required before any fine), suspension of use rights and common amenities, and the hearing notice requirements (at least 14 days). Fines are capped at $100/day per violation and $1,000 total.
- Owner obligation to comply with governing documents
- Fine cap: $100/day, $1,000 maximum
- Mandatory fines committee before imposition
- 14-day hearing notice requirement
- Suspension of use rights and amenity access
F.S. § 718.115§ 718.115 - Common expenses, common surplus, and assessments
Defines what constitutes a common expense in a Florida condominium and establishes how costs are allocated among unit owners by their percentage of ownership. Reserve contributions are common expenses, not optional line items. Common surplus (excess of revenues over expenses) may be retained as working capital, transferred to reserves, or - if the declaration permits - returned to unit owners.
- Common expense defined broadly - all association operating costs
- Allocation by percentage of ownership in the common elements
- Reserve contributions are common expenses (mandatory)
- Common surplus: retain, rollover, or distribute per declaration
- Unit-owner expenses (unit interior, HO-6 improvements) are not common expenses
F.S. § 718.117Intersects with post-SB 4-D SIRS analysis for distressed buildings§ 718.117 - Termination of a condominium
The rarely-invoked but high-stakes process for permanently ending a Florida condominium regime. Requires approval by at least 80% of total voting interests plus consent of all first mortgagees. Every dissenting owner is entitled to at least fair market value (established by independent appraisal). After the Surfside collapse, termination analysis has become part of SIRS-era financial planning for older buildings where repair costs may exceed market value.
- 80% owner vote required, plus all first mortgagee consent
- 100% consent required if 80% cannot be achieved or mortgagees object
- Dissenting owner entitled to fair market value by independent appraisal
- Plan of termination: appraisal, division of proceeds, timeline
- Condominium regime dissolves on recording; association winds down
F.S. § 718.104§ 718.104 - Creation of condominiums
Governs how a condominium is legally created in Florida, including the required declaration of condominium, survey and plot plan, articles of incorporation, and filing with the Florida DBPR. Sets the point at which the association comes into legal existence.
- Declaration of condominium requirements
- Survey and plot plan requirements
- Association formation
- Developer obligations at creation
F.S. § 718.501§ 718.501 - Regulation by Division of Florida Condominiums, Timeshares, and Mobile Homes
Establishes DBPR jurisdiction over condominium associations, including audit and investigation authority, enforcement of Chapter 718, and the arbitration program. Addresses when DBPR can intervene in association disputes and what associations must file annually.
- DBPR jurisdiction and regulatory authority
- Mandatory arbitration for certain disputes
- Annual reporting requirements
- DBPR investigation and enforcement powers
F.S. § 718.503§ 718.503 - Developer disclosure prior to sale; voidability
Requires developers to provide prospective buyers with a complete disclosure package before closing, including the declaration of condominium, bylaws, rules, financial information, and a SIRS if required. Buyers have a rescission right if required disclosures are not provided.
- Mandatory pre-sale disclosure package
- Buyer rescission rights
- SIRS disclosure requirement
- Developer obligations in resales vs. new units
Chapter 718 FAQ
- How much notice is required for a Florida condo board meeting?
- Under F.S. § 718.112(2)(c), the board must post notice of a regular board meeting at least 48 continuous hours before the meeting. Notice must be posted in a conspicuous place within the condominium property. Annual meetings require at least 14 days' mailed or electronically delivered notice. Special meetings require the same 14-day notice unless the bylaws require more.
- Can Florida condo owners waive reserve funding under Chapter 718?
- Only partially. Before SB 4-D (2022), unit owners could vote to waive or reduce reserve contributions by a majority vote at the annual meeting. SB 4-D eliminated that right for reserves funded through a Structural Integrity Reserve Study (SIRS) - specifically, SIRS-scope structural components (roof, load-bearing walls, floor, foundation, fireproofing, plumbing, electrical, waterproofing, windows). Non-SIRS reserves (elevators, pools, paving) can still be waived by membership vote. The non-waivable reserves must be funded at the amounts specified in the most recent SIRS.
- What are the estoppel certificate fee caps under § 718.116?
- Florida caps estoppel fees under § 718.116(8). For a current (non-delinquent) account, the maximum fee is $299. For a delinquent account, the maximum is $478 ($299 base plus a $179 delinquency surcharge). Expedited delivery (within 3 business days instead of the standard 10 business days) adds $119 to either cap. These same caps apply to HOAs under § 720.30851 - Florida unified the fee schedule in 2017.
- What is the condo election procedure under § 718.112?
- Under § 718.112(2)(d), the association must mail or deliver a first notice of the election date at least 60 days before the election. Candidates must submit their intent to run within 40 days of the first notice. The association then mails a second notice (with ballots) at least 14 days before the election. Elections are conducted by secret ballot. Board members who are current in assessments and not under any active fine are eligible to serve. No proxies are allowed for election of board members.
Search the statutes on Common Elements
Search Florida community-association statutes on Common Elements: plain-English summaries, keyword search, and, where available, the same deep section library as Florida. A free account adds bookmarks, uploads, and side-by-side compare.