Fla. Stat. Chapter 718
Condominium Act
The Florida Condominium Act
Governs the formation, management, powers, and operation of condominium associations in Florida. Sections cover creation of condominiums, association powers and duties, financial reporting, common-element responsibility, milestone inspections, structural integrity reserve studies (SIRS), member meeting rules, and developer-to-owner control transfer.
Official source on leg.state.fl.usSections (12)
§ 718.103
Definitions
Defines the terms used throughout Chapter 718: condominium, unit, association, common elements, limited common elements, declaration, bylaws, board member, developer, and dozens more. The cited definitions in this section govern interpretation of every other section.
definitionsfundamentals§ 718.104
Creation of condominiums; contents of declaration
Sets out what must be in the condominium declaration recorded in the public records: legal description, identification of units, common elements, percentage of ownership in common elements, voting rights, and amendment procedures. This is the foundational document — every association's rights flow from what the declaration says.
governancecreationdeclaration§ 718.111
The association
Defines the association as the corporate entity responsible for operating the condominium, lists its powers (contracting, levying assessments, hiring management, enforcing covenants), and imposes specific obligations including records inspection rights for owners, fidelity bonding for those handling funds, and limits on what the association can do with common elements.
governancepowersrecordsfiduciary§ 718.112
Bylaws
The most-cited section in Chapter 718. Mandates what the bylaws must contain: form of administration, board composition + terms, member meeting notice + quorum rules, election procedures, budget and assessment rules, reserves, fining procedures, recall elections, emergency powers, and (post-SB 4-D, 2022) Structural Integrity Reserve Studies. If you're a board member or CAM, this is where your meeting + voting procedures live.
meetingsvotingreservesbylaws§ 718.112
Reserves and Structural Integrity Reserve Studies (SIRS)
Subsection (2)(f) of § 718.112 — the post-Surfside reserves overhaul. Requires every condominium of three or more stories to commission a Structural Integrity Reserve Study by December 31, 2024, and at least every 10 years thereafter. Funds for reserve items identified in the SIRS must be reserved (no waiving) starting with the 2025 budget year. This rewrote condo financial planning across Florida.
reservessirssb-4dfinancial§ 718.113
Maintenance; limitation upon improvement; display of flag; hurricane shutters and protection; hurricane resistant windows
Spells out who maintains what — association responsibility for common elements, unit-owner responsibility for the unit interior, and the gray-area items in between (windows, doors, balconies, in some cases). Also covers material alterations (board-only vs unit-owner-vote thresholds), display of the US flag, and hurricane-protection installations.
maintenancecommon-elementshurricanealterations§ 718.116
Assessments; liability; lien and priority; interest; collection
How assessments work: liability for assessments runs with the unit (joint and several with prior owners for delinquent amounts subject to limits), the lien arising automatically, recording of claims of lien, statutory interest, late fees, and the foreclosure path when assessments go unpaid. This is the collection playbook for every Florida condo association.
assessmentslienscollectionfinancial§ 718.117
Termination of condominium
Procedures for dissolving a condominium — voluntary by 80% owner vote, or court-ordered when the property has been substantially damaged or destroyed. Covers division of insurance proceeds, distribution of association assets, and protection of mortgagees. Increasingly relevant after structural failures.
terminationdissolutioninsurance§ 718.121
Liens
How a contractor or vendor can place a lien on common elements (or individual units) for unpaid work, and the procedural protections for the association before such a lien attaches. Limits joint liability of unit owners for common-element work to their proportionate share.
liensvendorcontractorsfinancial§ 718.301
Transfer of association control; claims of defect by association
When the developer must turn association control over to unit owners (typically when the developer has sold 90% of the units in all phases, or by a fixed time cap). Covers the transition meeting, the developer's obligations to deliver records and funds, and the post-transfer window for the association to bring construction-defect claims against the developer.
developertransfertransitionconstruction-defects§ 718.501
Powers and duties of the Division
Defines the Division of Florida Condominiums, Timeshares, and Mobile Homes (under DBPR) — the state regulator with jurisdiction over condo associations. Lists its investigative + enforcement powers and limits its reach (it doesn't arbitrate every dispute; many disputes go to mandatory non-binding arbitration or court).
regulatordbprenforcement§ 718.503
Disclosure prior to sale of residential condominiums
What a seller must give a buyer before closing on a condominium unit (resale): the condominium documents, financials, and a Q&A sheet. The buyer has a 3-day rescission window after receiving the full package. Procedural failures here are a frequent source of post-closing litigation.
saledisclosureclosingrescission