2026 Legislative Update: New Community Association Laws

By Avi S. Tryson, Tryson Law

The following is our post legislative session report on the community association law changes from the 2026 Florida Legislative Session. The full text of each bill, along with applicable legislative staff reports, is available on the legislative websites: www.flsenate.gov, www.myfloridahouse.com, and www.leg.state.fl.us.

Florida’s 2026 legislative session produced almost no new statutory changes. However, several provisions enacted in 2025 either first became operational in 2026 or remain important enough to association operations that we are restating them below as continuing compliance reminders. This update highlights the provisions most relevant to the day to day governance and administration of Florida condominium and homeowners’ associations. It is not intended to repeat every item covered in our 2025 legislative update.

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

Condominium Associations (F.S. Chapter 718) – House Bill 913

1. Video Conference Meetings – F.S. 718.103(33)“Video conference” means a real time audio and video based meeting between two or more people in different locations using video enabled and audio enabled devices. The notice for any meeting conducted by video conference must include a hyperlink and call in conference telephone number for unit owners to attend, and must state a physical location where unit owners can also attend in person. All meetings conducted by video conference must be recorded, and the recording must be maintained as an official record of the association.
2. Management Contracts – F.S. 718.111(3)
   • If an association contracts with a CAM or CAM firm, the CAM or CAM firm must possess all applicable licenses required by Part VIII of Chapter 468. All board members or officers of an association that contracts with a CAM or CAM firm have a duty to ensure the CAM or CAM firm is properly licensed before entering into a contract.
   • If a contract is between a CAM and the association, and the CAM has his or her license suspended or revoked during the term of the contract, the association may terminate the contract by delivering written notice to the CAM, effective on the date the CAM became unlicensed.
   • If a CAM firm has its license suspended or revoked during the term of a contract with the association, the association may terminate the contract by delivering written notice to the CAM firm, effective on the date the CAM firm became unlicensed.
3. Property Insurance Coverage – F.S. 718.111(11)It is now clarified that every condominium must have adequate property insurance as determined under §718.111(11)(a), regardless of any requirement in the declaration of condominium for certain coverage by the association. The amount of adequate insurance coverage for full insurable value, replacement cost, or similar coverage may (no longer “must”) be based on replacement cost of the property to be insured, as determined by an independent insurance appraisal or an update of a prior appraisal at least every three years. An association’s obligation to obtain and provide adequate property insurance coverage for a group of at least three communities created and operating under Chapter 718, 719, 720, or 721 may be satisfied by obtaining insurance coverage sufficient to cover an amount equal to the probable maximum loss for the communities for a 250 year windstorm event.
4. Official Records – F.S. 718.111(12)(a)(6) and (11)Minutes of committee meetings have been added to the official records that must be maintained. All video recordings of board, member, and committee meetings are now official records and must be kept for one year. Accounting records must include all bank statements and ledgers. A copy of all affidavits required by Chapter 718 has also been added to the list of official records.
5. Official Record Violations – F.S. 718.111(12)(c)(2)In addition to its previous official record requirements, an association must now maintain:
   • A “copy” of the official records rather than a “photocopy,” as the prior term expressed.
   • A book or books, or electronic records, containing the minutes of all meetings of the association, the board, any committee, and the unit owners, along with a recording of any such meetings conducted by video conference. Recordings of video conference meetings must be maintained for at least one year after the date the recording is posted to the association’s website, where approved minutes exist for that meeting.
   • Accurate, itemized, and detailed records of all receipts and expenditures, including all bank statements and ledgers.
   • A copy of all affidavits required by Chapter 718.

   A director, officer, board member, or LCAM who willfully, knowingly, or intentionally violates the official records inspection requirements commits a misdemeanor of the second degree and must be removed from office, with a vacancy declared. The violation no longer needs to occur “repeatedly” to be punishable.

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

6. Official Records on Website – F.S. 718.111(12)(g)(1) and (2)(e) and (f)A document required to be posted on the website must be posted within 30 days after it is received or created, unless a shorter period is otherwise required. Approved minutes of all board meetings for the past 12 months must be on the website, along with video recordings, or a hyperlink to the video, of all board, member, and committee meetings that were video recorded in the past 12 months, and a copy of all affidavits required by Chapter 718.Reminder: As of January 1, 2026, a condominium association with 25 or more units must have a website and comply with all statutory website requirements.
7. Financial Reporting – F.S. 718.111(13)
   1. Within 21 days after the final financial report is completed by the association or received from a third party, but no later than 180 days after the end of the fiscal year (or another date provided in the bylaws), the association must send the year end financial report to all owners, or send a notice that it is available upon request. Previously, both the report and the notice of availability had to be sent, within 120 days. An affidavit confirming compliance must be executed by an officer or director.
   2. Owners may prepare an alternative year end financial report if approved by a majority vote of all owners. Previously, this required only a majority of owners present and voting.
8. Investing Association Funds – F.S. 718.111(16)A board must use its best efforts to make prudent investment decisions that carefully consider risk and return to maximize returns on invested funds. An association may invest reserve funds in certificates of deposit at community, savings, and commercial banks, and savings and loans or credit unions, without a vote of the unit owners.
9. By-Laws – F.S. 718.112(12)(2)Board Meetings. A board meeting may be conducted in person or by video conference. The Division will adopt additional rules for these meetings. If a board meeting is held by video conference, the notice must state that, and include a hyperlink, telephone number, and the physical location where unit owners can attend in person. The recording is an official record.Member Meetings. The annual meeting of members must be held within 15 miles (formerly 45 miles) of the condominium property, or within the same county as the property. If a unit owner meeting is conducted by video conference, a unit owner may vote electronically as provided in F.S. 718.128. If the annual meeting is held by video conference, a quorum of the board must be physically present at the meeting location. The video conference must be recorded and maintained as an official record.

   Budget Meetings. If the board proposes a budget requiring assessments exceeding 115% of the prior budget, the board must simultaneously propose a substitute budget that excludes discretionary expenditures not required in the budget. The substitute budget must be proposed at the budget adoption meeting, before adoption of the board’s initial proposed budget. Copies of both budgets must be included in the 14 day mailed and posted meeting notice. Unit owners may adopt the substitute budget by a majority of all voting interests. If owners do not adopt the substitute budget, the board may adopt its initially proposed budget. Note that nothing prevents the board from scheduling all three meetings on the same day: the budget meeting proposes both budgets and recesses, the members meeting votes on the substitute budget, and if it is not approved, the board resumes the budget meeting to adopt its preferred budget.

10. Reserves – F.S. 718.112(2)(f)(2)(a)The threshold requiring a reserve for capital items has increased from items costing more than $10,000 to items costing more than $25,000, and will be adjusted for inflation by the Division. If owners vote to terminate the condominium, members may vote to waive SIRS reserves. Membership approval is no longer required for the board to pause or reduce reserve contributions if the local building official determines the entire condominium building is uninhabitable due to a natural emergency, as defined in §252.34. An association’s reserves may be pooled, though SIRS reserves may only be pooled with other SIRS reserves, and no owner vote is required to move to pooled funding.If an association votes to terminate the condominium under §718.117, members may vote to waive maintenance of reserves recommended by the association’s most recent SIRS. SIRS reserves may be funded by regular assessments, special assessments, lines of credit, or loans. A special assessment, line of credit, or loan for this purpose requires approval by a majority vote of the total voting interests, and must be disclosed in the annual financial statement.

    A unit owner controlled association required to have a SIRS may secure a line of credit or loan to fund capital expenses required by a milestone inspection or SIRS. This does not apply to a developer controlled association, an association where non-developer owners have controlled the board for less than one year, or an association controlled by a bulk assignee or bulk buyer. The line of credit or loan must be sufficient to fund any previously waived or unfunded reserve amounts and the most recent SIRS, and funds must be immediately available to the board without further membership approval.

    For budgets adopted on or before December 31, 2028, if the association has completed a milestone inspection within the previous two calendar years, the board, with majority approval of the total voting interests, may temporarily pause reserve contributions, or reduce reserve funding, for up to two consecutive annual budgets to fund repairs recommended by the milestone inspection. This exception does not apply to developer controlled associations, associations where non-developer owners have controlled the board for less than one year, or associations controlled by a bulk assignee or bulk buyer. An association that pauses reserve contributions must complete a SIRS before resuming contributions, to determine funding needs and recommend a funding plan.

    A residential condominium association must complete a SIRS at least every 10 years after the condominium’s creation, for each building on the property that is at least three habitable stories under the Florida Building Code. The SIRS, including the visual inspection portion, must be performed or verified by a licensed engineer, licensed architect, or a certified reserve specialist or professional reserve analyst. At minimum, the SIRS must recommend a reserve funding schedule based on a baseline funding plan that keeps the reserve cash balance above zero for each budget year, and must account for the association’s chosen funding methods. If the SIRS is performed before the association approves a special assessment, line of credit, or loan, it must later be updated to reflect the funding method selected and its effect on the schedule.

    In addition to existing exceptions, a SIRS is not required for four family dwellings with three or fewer stories above ground. Associations existing on or before July 1, 2022 must have completed their SIRS by December 31, 2025, for each building three stories or higher. If the association completes a milestone inspection, it may delay a required SIRS for up to two consecutive budget years following that inspection. An officer or director (not the LCAM) must sign an affidavit acknowledging receipt of the completed SIRS. Any design professional or licensed contractor bidding to perform SIRS related services may not have a direct or indirect interest in the firm providing the SIRS, or be a close relative of anyone with such an interest, unless the relationship is disclosed in writing.

11. Hurricane Protection – F.S. 718.113(5)Unless otherwise provided in the declaration as originally recorded or amended, a unit owner is not responsible for the cost of removing or reinstalling hurricane protection when removal is required for the association to perform maintenance, repair, or replacement. This exception was added to the 2024 law, which did not previously include it. If the owner is responsible for removal and reinstallation but the association performs the work instead, the association may no longer place a lien for the cost.
12. Evacuations – F.S. 718.1265(1)(h)Emergency powers now apply when there is an evacuation order in the locale, rather than only a “mandatory” evacuation order. If a unit owner or other occupant fails or refuses to comply with the board’s evacuation requirement, the association is immune from liability for injury to persons or property arising from that failure or refusal.
13. Electronic Voting – F.S. 718.128(4) and (6)The board may adopt electronic voting at a regular board meeting with 48 hours posted notice, rather than the previously required 14 day mailed and posted notice. If 25% of voting interests petition the board for electronic voting at least 180 days after the last election, the board must adopt electronic voting at a meeting within 21 days.
14. Voting by E-mail – F.S. 718.128(7)Unless the association has adopted electronic voting, it must designate an email address to receive electronically transmitted ballots. A unit owner may transmit a ballot to that address, and the association must count it if it includes: a space for the unit number, a space for the owner’s printed name (which also functions as the owner’s signature), and the following statement in capital letters, in a font size larger than any other text in the association’s email:
    

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

    The completed ballot must be transmitted no later than the scheduled date and time of the meeting at which the matter is being voted on. There is a rebuttable presumption that the association has reviewed all folders associated with its designated ballot email address if a board member, officer, agent, or CAM provides a sworn affidavit attesting to that review.

15. Authority of the Division and Reporting to the Division – F.S. 718.501(2)(d) and (3)The Division’s authority now extends to reviewing records and investigating complaints related to milestone inspections, completion of repairs required by milestone inspections, insurance or fidelity bonding requirements for those who control or disperse association funds, board member education requirements, and SIRS reporting requirements.Effective October 1, 2025, all associations must create an online account with the Division and report, and update within 30 days of any change: the association’s name, physical and mailing addresses, email and phone, the name and title of each director, the manager and management company’s name and contact information, the website hyperlink, the number of buildings and stories, total units, the age of each building, any construction commenced on common elements within the past year, assessment and reserve information and the purpose of assessments, and the bank or banks where accounts are held. The association must provide its SIRS reserve study to the Division within five business days of a request.

Milestone Inspections and Structural Integrity Reserves for Condominiums and Cooperatives

1. Milestone Study – F.S. 553.899(3)(a). A milestone study is now required only for buildings with three or more habitable stories. Previously, it applied to any building with three or more stories regardless of whether they were habitable.
2. Milestone Study Disclosure – F.S. 553.899(12). An architect or engineer bidding to perform a milestone inspection must disclose in writing any intent to bid on the related maintenance, repair, or replacement work. A contractor bidding on that work may not have a direct or indirect interest in the firm that performed the study, unless the relationship is disclosed in writing.
3. Milestone Study Reporting – F.S. 553.899(13)(a). By December 31, 2025, and every year after, the local enforcement agency responsible for milestone inspections must report to the department the number of buildings requiring inspection, the number completed, and other required information.
4. SIRS Reserves and Milestone Repairs – F.S. 718.112(2)(f)(2)(c)(I) and (II) and 719.106(1)(j)(3)(a)(I). SIRS reserves may be funded by regular assessments, special assessments, lines of credit, or loans. Funding SIRS reserves this way requires majority approval of the total voting interests, but repairs required by a SIRS or milestone study may be funded by a line of credit or loan without an owner vote. Any such financing must be disclosed in the annual financial statement and to prospective purchasers. This does not apply to developer controlled associations, associations where owners have controlled the board for less than one year, or associations controlled by a bulk buyer or bulk assignee.
5. Reserves for Uninhabitable Buildings – F.S. 718.112(2)(d)(1) and (2). If the local building official has declared a building uninhabitable due to a natural emergency, the board may pause reserve funding without an owner vote, a change from the previous vote requirement.
6. Milestone Inspection – F.S. 718.112(2)(f)(2)(e) and 719.106(1)(j)(3)(b). For budgets adopted on or before December 31, 2028, if the association has completed a milestone inspection within the previous two years, the board, with majority approval of the total voting interests, may temporarily pause reserve contributions or funding of milestone repairs for up to two years.
7. SIRS Study Completion Date – F.S. 718.112(2)(g)(7). Associations existing on or before July 1, 2022 must have completed their SIRS by December 31, 2025.
8. SIRS Study Delay – F.S. 718.112(2)(g)(9) and 719.106(1)(k)(9). An association that completes a milestone inspection may delay a required SIRS for up to two years to focus its resources on completing repairs from the milestone study.
9. SIRS Study Affidavit – F.S. 718.112(2)(g)(10) and 719.106(1)(k)(10). An officer or director must sign an affidavit acknowledging receipt of the completed SIRS.

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

1. Investing Association Funds – F.S. 719.104(13)(a) and (b). A board must use its best efforts to make prudent investment decisions that carefully consider risk and return to maximize returns on invested funds. An association may invest reserve funds in certificates of deposit at community, savings, and commercial banks and savings and loans or credit unions, without a vote of the unit owners.
2. Reserves – F.S. 719.106(1)(j)(2)(a). The threshold requiring a reserve for capital items has increased from items costing more than $10,000 to items costing more than $25,000, and will be adjusted for inflation by the Division.
3. Reserves – F.S. 719.106(1)(j)(2)(d). If the local building official has declared a building uninhabitable due to a natural emergency, the board may pause reserve funding without an owner vote, a change from the previous vote requirement.
4. Pooling Reserves – F.S. 719.106(1)(j)(5). An association’s reserves may be pooled, though SIRS reserves may only be pooled with other SIRS reserves, and no owner vote is required to move to pooled funding.
5. Reporting to the Division – F.S. 719.501(2)(c) and (3). Effective October 1, 2025, all associations must create an online account with the Division and report the same categories of information described above for condominium associations, and must provide their SIRS reserve study to the Division within five business days of a request.
6. Rescission Period for Non-Developer Sale of Units – F.S. 719.503(2)(c). The right to void a contract to purchase a unit from someone other than a developer is extended from three days to seven days.

Homeowners’ Associations (F.S. Chapter 720) – House Bill 913

1. Architectural Review – F.S. 720.3035(1)(c). The statute now expressly states that an HOA cannot require issuance of a governmental building permit as a prerequisite to its architectural review.

Community Association Managers (“CAMs”) (F.S. Chapter 468) – House Bill 913

1. New Penalties for License Revocations – F.S. 468.432(2)A CAM whose license has been revoked cannot have a direct or indirect ownership interest in, or serve as an employee, partner, officer, director, or trustee of, a community association management firm for 10 years after the effective date of the revocation. That person is also ineligible to reapply for certification or registration for 10 years.
2. Creating and Maintaining an Account with the Department – F.S. 468.432(3)A CAM must create and maintain an online licensure account identifying the CAM firm for which they provide services and each community association for which they serve as the designated onsite manager, updated within 30 days of any change. A CAM firm must identify on its account the CAMs it employs. If a CAM’s license is suspended or revoked, the department must give written notice to the CAM firm and the community associations the manager serves.
3. New Requirements for CAMs – F.S. 468.4334(1)
   • A CAM or CAM firm may not knowingly perform any act directed by the association if it violates state or federal law.
   • If a CAM or CAM firm has a contract with an association subject to milestone inspection or SIRS requirements, they must comply with those requirements as directed by the board.
   • Every management services contract must include, in at least 12 point type where applicable, the statement: “The Community Association Manager shall abide by all professional standards and record keeping requirements imposed pursuant to Part VIII of Chapter 468, Florida Statutes.” A contract may not waive or limit these professional practice standards.
4. Additional Requirements for CAMs – F.S. 468.4334(3)This section previously applied only to HOAs. It now applies to all community associations, condominiums and cooperatives included. All CAMs and CAM firms must now:
   • Attend at least one membership or board meeting in person each year.
   • Provide community members with the CAM’s contact information, hours of availability, and responsibilities, posted on the association’s website and updated within 14 days of any change.
   • Provide a copy of their contract with the association upon request.
   • Return all association records in their possession within 20 business days after termination or receipt of a written request, whichever occurs first. Failure to timely return official records creates a rebuttable presumption of willful noncompliance, and can result in license suspension and civil penalties of $1,000 per day, starting on the 21st day, for up to 10 business days.
5. New CAM Conflict of Interest Rules – F.S. 468.4335
   • A rebuttable presumption of a conflict of interest now arises whenever a CAM or CAM firm proposes to enter into a contract or other transaction with the association. There is no presumption of a conflict if the contract is for community association management services.
   • The conflict of interest statute now applies to “persons” as defined in F.S. 1.01(3), rather than a specific list of entities.
   • “Compensation” now includes any referral fee or other monetary benefit derived from a person or entity providing products or services to the association, as well as any ownership interest or profit sharing arrangement with a recommended or used product or service provider.
   • The multiple bid requirement for goods or services over $2,500 (other than management services) now applies only to bids that are or may be construed as a conflict of interest, and does not apply to services already disclosed in the management contract.
   • If a CAM or CAM firm proposes an activity that constitutes a conflict of interest, it must be listed on the agenda of the next board meeting, and the meeting notice must describe the proposed activity, disclose the possible conflict, and include copies of all related contracts and transactional documents.
   • If the board finds that a CAM or CAM firm violated the statute, the contract is voidable, and the association may terminate it by delivering written notice.