2025 Legislative Update: HB 913 Brings Sweeping Changes for Florida Condos and Cooperatives

The Florida Legislature enacted major reforms in 2025 with House Bill 913, overhauling governance and compliance for condominiums and cooperatives. The bill does not apply to homeowners’ associations governed by Chapter 720. House Bill 913 includes new requirements for structural integrity reserve studies, expands mandatory online posting of records and financial reports, strengthens criminal penalties for document violations, and increases the enforcement authority of the Department of Business and Professional Regulation. It also adds compliance obligations for community association managers, including conflict of interest disclosures, licensure reporting requirements, and a ten-year restriction on reentry after license revocation.

This summary provides a chapter-by-chapter breakdown of the new laws, serving as a reference guide for community association managers, board members, and real estate professionals navigating Florida’s changing regulatory landscape.

2025 LEGISLATIVE UPDATES FOR

FLORIDA CONDOMINIUMS AND COOPERATIVES

By: Christopher L. Pope, Esq. and Alexander Menendez, Esq.

This legislative update summarizes House Bill 913 (“HB 913”), passed during the 2025 Florida Legislative Session and effective July 1, 2025. HB 913 makes critical changes to Chapters 468, 718, 719, and 720, Florida Statutes. This summary is intended for use by community association managers, board members, attorneys, and others involved in the governance and operation of community associations. It is structured to mirror statutory organization and includes all amendments made by HB 913.

COMMUNITY ASSOCIATION MANAGERS – CHAPTER 468, FLORIDA STATUTES

Post-Revocation Restrictions – Section 468.432(2)(h)

Adds a new provision prohibiting any person whose community association manager license has been revoked from holding an indirect or direct ownership interest in, or serving as an employee, partner, officer, director, or trustee of, a community association management firm for 10 years following the revocation. The individual is also ineligible to reapply for certification or registration under this part during that 10-year period.

Online Licensure Account Requirements – Section 468.432(3)

Creates new subsection (3) requiring community association manager licensees to create and maintain an online licensure account with the Department of Business and Professional Regulation (“DBPR”). Licensees must identify their employer (management firm) and each community association for which they are the designated onsite manager. They must update the account within 30 days of any change. Management firms must also identify the community association managers they employ. If a manager’s license is suspended or revoked, the DBPR must notify the firm and the relevant association.

Unlawful Acts Directed by Association – Section 468.4334 (1)(a)

Prohibits a community association manager or community association management firm from knowingly performing any act directed by a community association if such act violates any state or federal law.

Requirement to Abide by SIRS as Directed by Board – Section 468.4334(1)(b)

Previously, this statute required a community association manager to abide by the requirements found under Section 553.889, which concerns milestone inspections. This amendment now requires community association managers to also abide by Sections 718.112(2)(g) and 719.106(1)(k), as applicable, concerning structural integrity reserve studies,  as directed by the board of directors of a community association that is subject to such requirements.

Contract Requirements and Prohibited Waivers – Section 468.4334(1)

·       Section 468.4334(1)(c) requires that contracts between a community association and a community association manager or management firm must include the following statement in at least 12-point type, if applicable to the services provided:

“The community association manager shall abide by all professional standards and record keeping requirements imposed pursuant to part VIII of chapter 468, Florida Statutes.”

·       Section 468.4334(1)(d) provides that such contracts may not waive or limit the professional practice standards required by Chapter 468, Florida Statutes.

·       Section 468.4334(3) expands the duties that were previously required for contracts with “homeowners’ associations” to now include all “community associations.” These requirements include: attending at least one board or membership meeting in person annually; providing to the members the name and contact information for each manager or representative of the CAM firm who is assigned to the association, as well as the manager’s hours of availability and a summary of their duties; and posting and updating this information on any website or mobile application that the association is required to maintain for official records within 14 business days of any change.

Manager Contact Information and Website Posting – Section 468.4334(3)(b)

If the association is required to maintain official records on a website or mobile application, the law now requires community association managers or management firms to post on the association’s website the name and contact information for each assigned manager or representative, their hours of availability, and a summary of their assigned duties. The community association manager or community association management firm must update the community association and its members within 14 business days after any change to such information.

Conflicts of Interest – Section 468.4335

·       Proposed Contracts – Section 468.4335(1)(a)

Expands the list of circumstances and transactions that create a “rebuttable presumption of a conflict of interest” if a proper disclosure is not made beforehand to a community association’s board of directors. The list now includes any transaction, or even a proposed transaction, through which a community association manager, a community association management firm (including directors, officers, and persons with a financial interest in a community association management firm), or a relative of such persons, will provide services other than community association management services to a community association that is being managed by the community association manager or their firm.

·       Definition of Compensation – Section 468.4335(1)(b)

Clarifies existing conflict of interest provisions for community association managers or community association management firms by defining “compensation” to include any referral fee or other monetary benefit received from vendors providing products or services to the association, as well as any ownership interest or profit-sharing arrangement with vendors recommended to or used by the association. In other words, managers and management firms cannot receive any form of monetary benefit from anyone who provides products or services to one of the manager’s or firm’s community association clients.

·       Clarification of Conflict Bidding Rule – Section 468.4335(2)

Clarifies that the multiple-bid requirement for contracts for goods or services exceeding $2,500 applies when the proposed transaction may reasonably be construed as a conflict of interest involving the manager, management firm, their affiliates, or relatives; and also clarifies that the bidding requirement does not apply to goods or services that are disclosed as a conflict in the management services contract.

Enhanced Disclosure and Termination Procedures for Conflicts – Section  468.4335

·       Section 468.4335(3) adds new requirements to properly disclose proposed conflicts of interest involving community association managers or community association management firms. The notice for the meeting at which the proposed activity will be considered by the board must now include a description of the proposed activity, disclose the possible conflict of interest, and include a copy of all contracts and transactional documents related to the proposed activity. If the conflict was previously disclosed in an existing management contract, reapproval is not required until the time the contract is up for renewal. The amendment also removes the requirement that such proposed conflicts be disclosed to the members at the next regular or special meeting. However, it should be noted that Sections 718.3027(2) and 720.3033(2)(d), still require these disclosures to the members for transactions that involve an interested director.

·       Section 468.4335(4) now provides that a community association may void and “terminate” (replacing “cancel”) its management contract with a community association manager or a community association management firm by delivery of written notice, if the CAM or the CAM firm violates the provisions of Section 468.4335. For example, by failing to make the necessary disclosures of a conflict of interest that are required by the statute. If the community association exercises its right to terminate a management agreement under this statute, then the community association is only liable for the reasonable value of the management services that were provided to the community association up to the date of termination. As before, the community association cannot be held liable for any termination fees, liquidated damages, or any penalty for such cancellation.

MILESTONE INSPECTIONS – CHAPTER 553, FLORIDA STATUTES

Clarification of Milestone Inspection Threshold – Section 553.899(3)(a)

Clarifies that the requirement to obtain a milestone structural inspection applies to buildings that are three or more “habitable” stories in height, as determined by the Florida Building Code.

Mandatory Local Repair Enforcement Ordinances – Section 553.899(11)

Changes the language from permissive to mandatory by requiring (rather than allowing) local governments to adopt ordinances that establish timeframes for condominium and cooperative associations (and other applicable owners) to schedule or commence repairs for substantial structural deterioration identified in a phase two inspection report. Repairs must begin within 365 days of receiving the report.

Conflict of Interest Disclosures for Milestone Inspection Work – Section 553.899(12)

Creates new requirements to prevent conflicts of interest in milestone inspections. A licensed architect or engineer bidding to perform a milestone inspection must disclose in writing if they intend to bid on any related maintenance, repair, or replacement work. Any design professional or contractor who bids on such work may not have an interest, direct or indirect, in the firm performing the milestone inspection or be a relative of anyone with such an interest, unless disclosed in writing to the association. Failure to disclose makes the contract voidable and may subject the professional to discipline under their applicable licensing law. The term “relative” means within the third degree of consanguinity by blood or marriage.

Local Enforcement Agency Reporting Requirements – Section 553.899(13)

·       Section 553.899(13)(a) requires local enforcement agencies responsible for milestone inspections to submit annual reports to the DBPR, starting December 31, 2025. Reports must include the number of buildings subject to inspection, inspections completed, extensions granted, permits issued for repairs, buildings deemed unsafe, and the license number of the responsible building code administrator.

·       Section 553.899(13)(b) requires the DBPR to forward this information to the Office of Program Policy Analysis and Government Accountability (OPPAGA), which may request additional data and must compile a report for the Florida Legislature.

CONDOMINIUMS – CHAPTER 718, FLORIDA STATUTES

Definition and Requirements for Video Conference Meetings – Section 718.103(33)

Defines “video conference” as a real-time audio and video meeting between two or more participants in different locations using video-enabled and audio-enabled devices. Establishes that notices for meetings held by video conference must include a hyperlink and call-in number, as well as identify a physical location where unit owners may attend in person. Meetings held by video conference must be recorded, and the recording must be maintained as an official record of the association.

Amendment Process for New Nonresidential Condominiums – Section 718.110(4)(b)

Allows the declaration of a nonresidential condominium formed on or after July 1, 2025, to be amended to materially change unit configuration, appurtenances, or percentage ownership shares and common expenses—without the approval of nonaffected unit owners—if all record owners and lienholders of the affected units join in executing the amendment.

Manager Licensing and Termination Upon Revocation – Section 718.111(3)

·       Section 718.111(3)(g) requires that any community association manager or management firm contracted by the association must hold all licenses required under Part VIII of Chapter 468, Florida Statutes. Board members and officers have an affirmative duty to verify licensure before entering into a contract with a CAM or with a CAM firm.

·       Section 718.111(3)(h) allows the association to terminate its contract with a community association manager if the manager’s license is suspended or revoked during the contract term. Termination is effective upon delivery of written notice and relates back to the date the license became invalid.

·       Section 718.111(3)(i) provides the same termination right for contracts with a community association management firm if the firm’s license is suspended or revoked during the contract term. Written notice may be delivered to terminate the contract retroactively to the date the firm became unlicensed.

Insurance Appraisal Requirement – Section 718.111(11)(a)

Amends to provide that the amount of “adequate insurance coverage” for full insurable value, replacement cost, or similar coverage, may (replacing “must”) be based on the replacement cost of the property to be insured, as determined by an independent insurance appraisal or an update of a prior appraisal.

Expanded Scope of Official Records and Video Conference Retention –  Section 718.111(12)(a)6

·       Applies to Electronic Records:  Clarifies that official records may include electronic records, not just physical books, for storing meeting minutes.

·       Includes Committee Meetings: Expands the requirement to maintain minutes to include meetings of any committee, not just board or unit owner meetings.

·       Video Conference Recordings Required:  Requires the association to maintain a recording of any meeting conducted by video conference as part of the official records.

·       Retention Period for Recordings:  If approved minutes exist for a video conference meeting, the recording must be retained for at least 1 year after the date it is posted under paragraph (g) (i.e. Section 718.111(12)(g),2.f).

Accounting Records Must Include Bank Statements and Ledgers – Section 718.111(12)(a)11

Now expressly provides that an association’s required accounting records include all bank statements and ledgers, in addition to detailed records of receipts and expenditures.

Affidavits as Required Official Records – Section 718.111(12)(a)20

Now expressly provides that an association’s official records include copies of all affidavits that are required to be kept or issued by Chapter 718, Florida Statutes.

Single Violation Now Triggers Criminal Penalty – Section 718.111(12)(c)

Eliminates the prior requirement that violations of records access laws be “repeated” before criminal penalties apply. A single act that is committed willfully and knowingly or intentionally now suffices for misdemeanor or felony charges depending on the conduct. This includes unlawful denial of access, destruction or failure to maintain records, or withholding records to avoid criminal detection. Violators are subject to prosecution and must be removed from office.

Financial Documents Must Be Posted Online – Section 718.111(12)(c)5

Adds a requirement that the most recent annual financial statement and the most recent annual budget must be posted on the association’s website or made available through its mobile application, if applicable.

30-Day Deadline to Post Official Records Online – Section 718.111(12)(g)1

Adds a requirement that official records, where required to be made available online, must be posted on the association’s website or made downloadable via a mobile app within 30 days after the association receives or creates the document, unless a shorter posting period is otherwise required.

Website Posting of Minutes, Video Recordings, and Affidavits – Section 718.111(12)(g)2

Expands the list of documents that must be posted on the association’s website or mobile application to include:

• 718.111(12)(g)2.e The approved minutes of all board of administration meetings from the prior 12 months. 

• 718.111(12)(g)2.f  The video recording or hyperlink to the video recording of all meetings of the association, the board, any committee, or the unit owners conducted by video conference during over the prior 12 months

• 718.111(12)(g)2.r All affidavits required by Chapter 718, Florida Statutes, must now also be made available through the association’s website or app. 

Financial Reporting Deadlines; Affidavit Requirement – Section 718.111(13)

Extends the deadline for delivering the association’s annual financial report to unit owners from 120 days to 180 days after the end of the fiscal year (or other date provided in the bylaws). Clarifies that delivery may occur by mail, personal delivery, e-mail, or fax, and if only a notice is delivered, then the report must be provided within 5 business days of a written request.

Adds a new requirement that an officer or director must execute an affidavit as evidence that the financial report was properly delivered. Also requires financial disclosures to include a good faith estimate of the amount needed to fully fund reserves using the straight-line method, and clarifies this does not apply to pooled reserve funding.

Change of Voting Threshold for Approval of a Lower Level End of Year Financial Report – Section 718.111(13)(d) 

Changes the voting requirement from the majority of the voting interests present at a properly called meeting of the association to a majority vote of all the voting interests of the association for approving the preparation of 1. a report of cash receipts and expenditures in lieu of a compiled, reviewed, or audited financial statement; 2. a report of cash receipts and expenditures or a compiled financial statement in lieu of a reviewed or audited financial statement; or 3. a report of cash receipts and expenditures, a compiled financial statement, or a reviewed financial statement in lieu of an audited financial statement.

Investment of Association Funds – Section 718.111(16)

·       New Section 718.111(16)(a) provides that a board shall, in fulfilling its duty to manage operating and reserve funds of its association, use best efforts to make prudent investment decisions that carefully consider risk and return in an effort to maximize returns on invested funds.

·       New Section 718.111(16)(b) provides that an association, including a multicondominium association, may invest reserve funds in one or any combination of certificates of deposit or in depository accounts at a community bank, savings bank, commercial bank, savings and loan association, or credit union, without a vote of the unit owners.

Conducting Board Meetings; Adoption of Rules Governing Requirements for Board Meetings – Section 718.112(2)(b)5

Now provides that a board a meeting may be conducted in person or by video conference, and that the Division of Florida Condominiums, Timeshares & Mobile Homes (“Division”) shall adopt rules pursuant Sections 120.536 and 120.54 governing the requirements for meetings.

Notice of Board Meetings Conducted via Video Conference – Section 718.112(2)(c)1

If the board meeting is to be conducted via video conference, the notice must state that such meeting will be via video conference, and must include a hyperlink and a conference telephone number for unit owners to attend the meeting via video conference, as well as the address of the physical location where the unit owners can attend the meeting in person. If the meeting is conducted via video conference, then the meeting must be recorded and such recording must be maintained as an official record of the association.

Location of Annual Meeting – Section 718.112(2)(d)1

The location of the annual meeting has been amended to lower the number of miles within which the location of the annual meeting of the unit owners can be held, from 45 to 15 miles from the condominium property; and adds that if a unit owner meeting is conducted via video conference, a unit owner may vote electronically in the manner provided in Section 718.128.

Unit Owner Meetings by Video Conference; Board Member Quorum Requirement at Physical Location for Annual Meeting by Video Conference; Location of Meetings – Section 718.112(2)(d)2 

This new Section provides that unit owner meetings, including the annual meeting, may be conducted in person or via video conference. If the annual meeting is conducted via video conference, directors constituting a quorum of the board must be physically present at the physical location where the unit owners can attend the meeting. The physical location for such meetings must be provided in the association bylaws; and, if the bylaws are silent as to the location, then the meeting must be held within 15 miles of the condominium property or within the same county as the condominium property. If the unit owner meeting is conducted via video conference, the video conference must be recorded and such recording must be maintained as an official record of the association. The Division shall adopt rules for meetings pursuant to Sections 120.536 and 120.54 governing the requirements.

Broadcasting Unit Owner Meeting Notices – Section 718.112(2)(d)4

Broadcasting unit owner meeting notices may no longer be substituted in lieu of posting the physical notice, but is in addition to such physical posting upon adoption of a reasonable rule for same. The provision allowing the use of broadcasting meeting notices in lieu of the physical posting at least four times every broadcast hour of each day has been deleted. The remainder of the provisions addressing broadcast notice are unchanged.

Conducting Budget Meetings by Video Conference – Section 718.112(2)(e)1

A meeting of the board or unit owners at which a proposed annual association budget will be considered may be conducted by video conference. The Division shall adopt rules pursuant to Sections 120.536 and 120.54 governing the requirements for such meetings. A sound transmitting device must be used so that the conversation of such members may be heard by the board or committee members attending in person, as well as any unit owners present at the meeting.

Substitute Budget – Section 718.112(2)(e)2.a

The language in this Section has been amended to provide that if the board proposes, rather than even going so far as to adopt, an annual budget that requires assessments that exceed 115 percent of assessments for the preceding year, then the board shall simultaneously propose a substitute budget that does not include any discretionary expenditures that are not required to be in the budget. The substitute budget must be proposed at the budget meeting before the adoption of the annual budget, with notice given at least 14 days before the budget meeting in which the substitute budget will be proposed, by hand delivery or mail at the address last furnished to the association. Unit owners now must consider and may adopt the substitute budget at the meeting. If the substitute budget is not adopted, then the annual budget previously initially proposed by the board may be adopted.

Time will tell whether these changes are implemented well or utilized often. In all events, this new procedure replaces the more cumbersome and drawn out process of having to hold a special meeting of the owners to consider a substitute budget if the board, within 21 days after adopting the annual budget, received a written request for a special meeting from at least 10% of all voting interests.

Assessments – Section 718.112(2)(e)2

·       In Section 718.112(2)(e)2.b wording has been amended to clarify with more specificity that any determination of whether assessments exceed 115 percent of assessments for the prior fiscal year shall exclude any authorized provision for required (replacing “reasonable”) reserves  for repair or replacement of the condominium property, anticipated expenses of the association which the board does not expect to be incurred on a regular or annual basis for the repair, maintenance, or replacement of the items listed in paragraph (g) (i.e. Section 718.112(2)(g), Structural Integrity Reserve Study), (removing “or assessments for betterments to the condominium”),  and insurance premiums.

·       Section 718.112(2)(e)2.c has been amended to read: “If the developer controls the board, assessments may not exceed 115 percent of assessments for the prior fiscal year unless approved by a majority of all voting interests.” The word “may” replaces the word “shall”. This is a curious change in that it replaces the definite and unambiguous “shall not” with “may not” leaving it open that the developer also “may” allow assessments to exceed 115 percent.

Annual Budget; Reserve Funding – Section 718.112(2)(f)

·       Section 718.112(2)(f)2.a now provides that associations must maintain reserve accounts for any deferred maintenance expense or replacement cost that exceeds “$25,000 or the inflation-adjusted amount determined by the division…whichever is greater” (replacing the previous threshold of $10,000). The process for the Division to determine the inflation-adjusted amount is found under new subparagraph 6 (i.e. Section  718.112(2)(f)6). The new subparagraph 6 provides that the Division shall annually adjust for inflation using the Consumer Price Index for All Urban Consumers that is released in January of each year. By February 1, 2026, the  Division must conspicuously post on its website the inflation-adjusted minimum threshold amount for required reserves for deferred maintenance expense and replacement costs.

·       New Section 718.112(2)(f)2.c.(I) provides that reserves for the items listed in paragraph (g) (i.e. Section 718.112(2)(g), Structural Integrity Reserve Study), may be funded by regular assessments, special assessments, lines of credit, or loans. A special assessment, a line of credit, or a loan under this sub-subparagraph requires the approval of a majority vote of the total voting interests of the association.

·       New Section 718.112(2)(f)2.c.(II) provides that any unit-owner-controlled association that is required to obtain a structural integrity reserve study may secure a line of credit or a loan to fund capital expenses required by a milestone inspection under Section 553.899 or a structural integrity reserve study. The line of credit or loan must be sufficient to fund the cumulative amount of any previously waived or unfunded portions of the reserve funding amount required by this provision and the most recent structural integrity reserve study. Funding from the line of credit or loan must be immediately available for access by the board to fund required repair, maintenance, or replacement expenses without further approval by the members of the association. A special assessment, a line of credit, or a loan secured under this Section 718.112(2)(f)2.c.(II) and related details must be included in the annual financial statement that is required under Section 718.111(13) to be delivered to unit owners and required under Section 718.503 to be provided to prospective purchasers of a unit.

·       New Section 718.112(2)(f)2.c.(III) provides that the provisions of sub-subparagraph (f)2.c do not apply to associations controlled by a developer as defined in Section 718.103, an association in which the nondeveloper unit owners have been in control for less than 1 year, or an association controlled by one or more bulk assignees or bulk buyers as those terms are defined in Section 718.703.

·       Section 718.112(2)(f)2.d has been amended to remove the requirement that the approval of a majority of the members is needed for the board to pause contributions to reserves or reduce reserve funding in the event a local building official determines that the entire condominium building is uninhabitable due to a natural emergency and until the local building official determines that the condominium building is habitable.

·       New Section 718.112(2)(f)2.e provides that, for a budget adopted on or before December 31, 2028, if the association has completed a milestone inspection pursuant to Section 553.899 within the previous 2 calendar years, the board, upon the approval of a majority of the total voting interests of the association, may temporarily pause, for a period of no more than two consecutive annual budgets, reserve fund contributions or reduce the amount of reserve funding for the purpose of funding repairs recommended by the milestone inspection. This sub-subparagraph does not apply to an association controlled by a developer as defined in Section 718.103, an association in which the nondeveloper unit owners have been in control for less than 1 year, or an association controlled by one or more bulk assignees or bulk buyers as those terms are defined in Section 718.703. An association that has paused reserve contributions under this subparagraph must have a structural integrity reserve study performed before the continuation of reserve contributions in order to determine the association’s reserve funding needs and to recommend a reserve funding plan.

·       New Section 718.112(2)(f)4 provides that an association’s reserve accounts may be pooled for two or more required components. Reserve funding for components listed in paragraph (g) may only be pooled with other components listed in paragraph (g) (i.e. 718.112(2)(g), Structural Integrity Reserve Study). The reserve funding indicated in the proposed annual budget must be sufficient to ensure that available funds meet or exceed projected expenses for all components in the reserve pool based on the reserve funding plan or schedule of the most recent structural integrity reserve study. A vote of the members is not required for the board to change the accounting method for reserves to a pooling accounting method or a straight-line accounting method.

·       New Section 718.112(2)(f)6 provides that the Division shall annually adjust for inflation, based

on the Consumer Price Index for All Urban Consumers released in January of each year, the minimum $25,000 threshold amount for required reserves. By February 1, 2026, and annually thereafter, the Division must conspicuously post on its website the inflation-adjusted minimum threshold amount for required reserves.

Structural Integrity Reserve Study (“SIRS”) – Section 718.112(2)(g)

·       Section 718.112(2)(g)1 has been amended to clarify that a residential condominium must have a SIRS completed at least every 10 years after the condominium’s creation for each building that has three “habitable” stories or higher in height (as determined by the Florida Building Code). For example, if the first floor of a three story condominium is comprised of garages and the second and third stories are living units, then the condominium is exempt from the requirement to conduct a SIRS.

·       Section 718.112(2)(g)1.h has been amended to increase the deferred maintenance expense or replacement cost of items that exceed $10,000 to $25,000 or the inflation adjusted amount determined by the Division under subparagraph (f)6. (i.e. Section 718.112(2)(f)6), whichever is greater.

·       Section 718.112(2)(g)3.a has been amended to remove the provision that a SIRS may be performed by any person qualified to perform such study.

·       New Section 718.112(2)(g)3.b provides that any design professional as defined in Section 558.002 or any contractor licensed under Chapter 489, Florida Statutes, who bids to perform a SIRS must disclose in writing to the association his or her intent to bid on any services related to any maintenance, repair, or replacement that may be recommended by the SIRS. Any design professional as defined in Section 558.002 or contractor licensed under Chapter 489, Florida Statutes, who submits a bid to the association for performing any services recommended by the SIRS may not have an interest, directly or indirectly, in the firm or entity providing the association’s SIRS or be a relative of any person having a direct or indirect interest in such firm, unless such relationship is disclosed to the association in writing. The term “relative” means a relative within the third degree of consanguinity by blood or marriage. A contract for services is voidable and terminates upon the association filing a written notice terminating the contract if the design professional or licensed contractor fails to provide the required written disclosure of the interests or relationships. A design professional or licensed contractor may be subject to discipline under the applicable practice act for his or her profession for failure to provide the required written disclosure of the interests or relationships.

·       In Section 718.112(2)(g)4.a the requirement that a SIRS must provide a reserve funding schedule has been amended to “…a reserve funding plan or schedule…”. In addition, this  Section has also been amended to provide that, at a minimum, the SIRS must include a recommendation for a reserve funding schedule based on a baseline funding plan that provides a reserve funding goal in which the reserve  funding for each budget year is sufficient to maintain the reserve cash balance above zero. The study may recommend other types of reserve funding schedules, provided that each recommended schedule is sufficient to meet the association's maintenance obligation.

·       Section 718.112(2)(g)4.b has been amended to provide that if the SIRS recommends reserves for any item for which reserves are not required under this Section, the amount of the recommended reserves for such item must be separately identified in the SIRS as an item for which reserves are not required under this Section.

·       New Section 718.112(2)(g)4.c provides that the SIRS must take into consideration the funding method or methods used by the association to fund its maintenance and reserve funding obligations through regular assessments, special assessments, lines of credit, or loans. If the SIRS is performed before the association has approved a special assessment or secured a line of credit or a loan, then the SIRS must be updated to reflect the funding method selected by the association and its effect on the reserve funding schedule, including any anticipated change in the amount of regular assessments. The SIRS may be updated to reflect any changes to the useful life of the reserve items after such items are repaired or replaced, and the effect such repair or replacement will have on the reserve funding schedule. The association must obtain an updated SIRS before adopting any budget in which the reserve funding from regular assessments, special assessments, lines of credit, or loans do not align with the funding plan from the most recent version of the SIRS.

·       Section 718.112(2)(g)5 has been amended to add four-family dwellings (i.e. quadraplexes) with three or fewer habitable stories above ground to the types of buildings to which the SIRS requirements do not apply.

·       Section 718.112(2)(g)7 has been amended to provide that associations existing on or before July 1, 2022, and controlled by unit owners other than the developer, must have a SIRS completed by December 31, 2025 (the statute previously provided by December 31, 2024).

·       New Section 718.112(2)(g)9 provides that if the association completes a milestone inspection required by Section 553.899, or an inspection completed for a similar local requirement, the association may delay performance of a required SIRS for no more than the 2 consecutive budget years immediately following the milestone inspection in order to allow the association to focus its financial resources on completing the repair and maintenance recommendations of the milestone inspection.

·       Section 718.112(2)(g)10 has been amended to provide that an officer or a director of an association must sign an affidavit acknowledging receipt of the completed SIRS.

·       New Section 718.112(2)(g)13 provides that the Division shall adopt by rule the form for the SIRS in coordination with the Florida Building Commission.

Hurricane Protection – Section 718.113(5)

·       Section 718.113(5)(d) has been amended to provide that, unless otherwise provided in the declaration as originally recorded, or as amended, a unit owner is not responsible for the cost of any removal or reinstallation of hurricane protection, including exterior windows, doors, or other apertures, if its removal is necessary for the maintenance, repair, or replacement of other condominium property or association property for which the association is responsible. And further amended to provide that the board shall determine if the removal or reinstallation of hurricane protection must be completed by the unit owner or the association if the declaration as originally recorded, or as amended, does not specify who is responsible for such costs.

·       Section 718.113(5)(e) has been deleted in its entirety.

Association Emergency Powers – Section 718.1265(1)(h)

This Section has been amended, in part, by removing the word “mandatory” from “mandatory evacuation order.” All of the same conditions remain for when a board of directors may exercise its emergency powers (i.e., a state of emergency is declared in the locale in which the condominium is located, the condominium documents do not expressly prohibit or restrict emergency powers, and the emergency powers are exercised in response to damage or injury caused by or anticipated in connection with an emergency). Provided emergency powers are in effect, if an evacuation order is issued in the locale in which the condominium is located, regardless of whether the order is “mandatory,” the board may require the evacuation of the condominium property. If any unit owner or occupant of a unit fails or refuses to evacuate the condominium, then the association is immune from liability or injury to persons or property arising from such failure or refusal.

Electronic Voting – Section 718.128

·       Section 718.128(4) has been amended to provide the requirements for the adoption of an online voting system pursuant to a resolution of the board of directors. The amendment removes the requirement for condominium associations to provide at least 14 days’ mailed (emailed or hand delivered) and posted notice prior to the meeting at which such a board resolution is adopted, and further removes the requirement to provide an affidavit of mailing and posting of notice.

·       New Section 718.128(6) provides that if at least 25 percent of the voting interests of a condominium association petition the board of directors to adopt a resolution for electronic voting for the next scheduled election, then the board must hold a meeting within 21 days after receipt of the petition to adopt such resolution. The board must receive the petition within 180 days after the date of the last scheduled annual meeting.

·       New Section 718.128(7)(a) provides that unless the association has adopted electronic voting in accordance with subsections (1)-(6), the association must designate an e-mail address for receipt of electronically transmitted ballots. Electronically transmitted ballots must meet all the requirements of this subsection. This Section will be applicable to condominium associations who attempt to conduct annual meetings by video conference.

·       New Section 718.128(7)(b) provides that a unit owner may electronically transmit a ballot to the e-mail address designated by the association without complying with Section 718.112(2)(d)4 or the rules providing for the secrecy of ballots adopted by the Division. The association must count completed ballots that are electronically transmitted to the designated e-mail address, provided the completed ballots comply with the requirements of this subsection.

·       New Section 718.128(7)(c) provides that a ballot that is electronically transmitted to the association must include all of the following:

1.   A space for the unit owner to type in his or her unit number.

2.   A space for the unit owner to type in his or her first and last name, which also functions as the signature of the unit owner for purposes of signing the ballot.

3.   The following statement in capitalized letters and in a font size larger than any other font size used in the e-mail from the association to the unit owner:

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.

·       New Section 718.128(7)(d) provides that a unit owner must transmit his or her completed ballot to the e-mail address designated by the association no later than the scheduled date and time of the meeting during which the matter is being voted on.

·       New Section 718.128(7)(e) provides that there is a rebuttable presumption that an association

has reviewed all folders associated with the e-mail address designated by the association to receive ballots if a board member, an officer, or an agent of the association, or a manager licensed under Part VIII of Chapter 468, Florida Statutes, provides a sworn affidavit attesting to such review.

Warranties – Section 718.203(7) 

This Section been amended by deleting the word “residential” from in front of the word condominium in the first sentence, such that is now reads: “Condominiums may be covered by an insured warranty program underwritten by a licensed insurance company registered in this state, provided that such warranty program meets the minimum requirements of this chapter; to the degree that such warranty program does not meet the minimum requirements of this chapter, such requirements shall apply.” Presumably, this now also permits such warranty programs for commercial/non-residential condominiums.

Election of Directors During Time of Developer Control – Section 718.301(1)

This Section pertains to the timing of turnover of the control of a condominium association’s board of directors to non-developer members. This amendment exempts nonresidential condominiums with fewer than 10 units from the application of paragraphs (a), (c), (d), and (g) of this Section, which all correspond to circumstances that ordinarily trigger turnover. The changes will allow for and accommodate slower development of these non-residential condominiums by maintaining developer control of the board of directors.  Commencing July 1, 2025, developers of these condominiums will no longer be required to conduct a turnover meeting within 3 years after 50 percent of all units that will be operated ultimately by the association have been conveyed to purchasers. In addition, turnover will not be triggered when a developer of these condominiums ceases to construct planned units or ceases to offer completed units for sale in the ordinary course of business. Further, turnover is not triggered 7 years after the date of the recording of the certificate of a surveyor and mapper or 7 years after the date of the recording of an instrument that transfers title to a unit that is not accompanied by an assignment of developer rights in favor of the grantee. Notwithstanding, turnover will still be triggered in all other circumstances outlined in this Section, including 3 months after 90 percent of the units have been conveyed to purchasers.

Agreements Entered Into by Association – Section 718.302

This Section pertains to the entering into or cancellation of agreements made by an association operating one or more condominiums before or after assumption of control of the association by unit owners other than the developer.

·       Sections 718.302(1) and (1)(a) have been amended throughout by changing more formal or ambiguous terms to less formal and more definite terms, such that “prior to” has been changed to “before”, “not less than” has been changed to “at least”, and “shall” has been changed to “must”.

·       Section 718.302(1)(a) has been amended to provide that if the association operates only one condominium and the unit owners other than the developer have assumed control of the association, or if the unit owners other than the developer own at least 75 percent of the voting interests in the condominium or own at least 90 percent of the voting interests if the condominium is a nonresidential condominium consisting of 10 or fewer units, then the cancellation must be by concurrence of the owners of at least 75 percent of the voting interests other than the voting interests owned by the developer.

·       Section 718.302(1)(b) has been amended to provide that if the association operates more than one condominium and the unit owners other than the developer have not assumed control of the association, and if the unit owners other than the developer own at least 75 percent of the voting interests, in the condominiums operated by the association, or, beginning July 1, 2025, own at least 90 percent of the voting interests if the condominium is a nonresidential condominium consisting of 10 or fewer units, any grant, reservation, or contract for maintenance, management, or operation of buildings containing the units in that condominium or of improvements used only by unit owners of that condominium may be canceled by concurrence of the owners of at least 75 percent, or the owners of at least 90 percent if the condominium is a nonresidential condominium consisting of 10 or fewer units, of the voting interests in the condominium other than the voting interests owned by the developer. A grant, reservation, or contract for maintenance, management, or operation of recreational areas or any other property serving more than one condominium, and operated by more than one association, may not be canceled except pursuant to paragraph (d).

Condominiums Within a Portion of a Building or Within a Multiple Parcel Building – Section 718.407

·       Section 718.407(4)(a) has been amended to provide that the association of a condominium subject to this Section may inspect and copy the books and records upon which the costs for maintaining and operating the shared facilities are based, and must receive an annual budget with respect to such costs.

·       New Section 718.407(4)(b) provides that within 60 days after the end of each fiscal year, the owner of a portion of a building that is not subject to the condominium form of ownership shall provide to the association a complete financial report of all costs for maintaining and operating the shared facilities. Such report must include copies of all receipts and invoices. If such owner fails to provide the report and copies of the receipts and invoices to the condominium association within the 60-day period, then the Division may impose penalties and otherwise enforce and ensure compliance with this Section.

·       New Section 718.407(4)(c) provides that within 60 days after receipt of the complete financial report, the association may challenge any apportionment of costs for the maintenance and operation of the shared facilities. A challenge under this Section is governed by Section 720.311.

Authority, Responsibility, and Duties of Division of Florida Condominiums, Timeshares, and Mobile Homes (“Division”) – Section 718.501

Enforcement of Compliance; Investigation of Complaints – Section 718.501(1)

·       Section 718.501(1) has been amended to remove reference to the Division’s handling of complaints related to the procedural completion of milestone inspections under Section 553.899 (adding it back in elsewhere); and further amended to provide that, after turnover from the developer has occurred, the Division has jurisdiction to also review records as part of its investigations into certain types of complaints (as listed in Sections 718.501(1)(a)1 through 12.)

·       Section 718.501(1)(a)7 has been amended to add the Division’s authority to investigate complaints related to the procedural completion of the milestone inspections under Section 553.889.

·       New Section 718.501(1)(a)8 provides the Division with authority to investigate complaints related to the completion of repairs required by a milestone inspection under Section 553.899.

·       New Section 718.501(1)(a)10 provides the Division with authority to investigate complaints related to the requirement for associations to maintain an insurance policy or fidelity bonding for all persons who control or disperse funds of the association under Section 718.111(11)(h).

·       New Section 718.501(1)(a)11 provides the Division with authority to investigate complaints related to the Board member education requirements under Section 718.112(2)(d)5.b.

·       New Section 718.501(1)(a)12 provides the Division with authority to investigate complaints related to the reporting requirements for structural integrity reserve studies under Section  718.501(3) and under Section 718.112(2)(g)12.

Association Online Accounts – Sections 718.501(2)&(3)

·       New Section 718.501(2)(d) provides that each condominium association must create and maintain an online account with the Division, as required in Section 718.501(3).

·       The prior version of Section 718.501(3) has been deleted in its entirety and replaced with the following new Section 718.501(3):

On or before October 1, 2025, all condominium associations must create and maintain an online account with the Division and provide information requested by the Division in an electronic format determined by the Division. The Division shall adopt rules to implement this subsection. The Division may require condominium associations to provide such information no more than once per year, except that the Division may require condominium associations to update the contact information in Section 718.501(3)(a) within 30 days after any change. The Division shall provide a condominium association at least a 45-day notice of any requirement to provide any information after the condominium association initially creates an online account. The information that the Division may require from condominium associations is limited to:

(a) Contact information for the association that includes:

1. Name of the association.

2. The physical address of the condominium property.

3. Mailing address and county of the association.

4. E-mail address and telephone number for the association.

5. Name and board title for each member of the association's board.

6. Name and contact information of the association's community association manager or community association management firm, if applicable.

7. The hyperlink or website address of the association's website, if applicable.

(b) Total number of buildings and for each building in the association:

1. Total number of stories, including both habitable and uninhabitable stories.

2. Total number of units.

3. Age of each building based on the certificate of occupancy.

4. Any construction commenced within the common elements within the calendar year.

(c) The association's assessments, including the:

1. Amount of assessment or special assessment by unit type, including reserves.

2. Purpose of the assessment or special assessment.

3. Name of the financial institution or institutions with which the association maintains accounts.

(d) A copy of any structural integrity reserve study and any associated materials requested by the department within 5 business days after such request, in a manner prescribed by the department.

Developer Disclosures Prior to Sale – Section 718.503(1)

Section 718.503(1) has been amended throughout by changing the more formal or ambiguous terms of “prior to” and “shall” to the less formal and more definite terms “before” and “must”.

Non-Developer Disclosures Prior to Sale – Section 718.503(2)

·       Section 718.503(2)  has been amended throughout by changing the more formal or ambiguous terms of “prior to” and “shall” to the less formal and more definite terms “before” and “must”.

·       Section 718.503(2)(d)1 has been amended to provide that the clause in each contract for the resale of a residential unit wherein the buyer acknowledges receipt of the required listed documents has been changed to more than 7 days (from the previous 3) before the execution of the contact, excluding Saturdays, Sundays, and legal holidays.

·       Section 718.503(2)(d)2 has been amended to provide that each contract is voidable by the buyer by delivery of written notice of buyer’s intention to cancel within 7 days (rather than the previous 3), excluding Saturdays, Sundays, and legal holidays, after the date of execution and receipt of the listed documents if requested in writing ; and further amended to provide that the buyer may extend the time for closing for a period of not more than 7 days (from the previous 3), excluding Saturdays, Sundays, and legal holidays, after receipt of the listed documents if requested in writing; and further amended to change reference to “Financial Information” to the most recent year-end “Financial Statement and Annual Budget” in the list of documents.

·       Sections 718.503(2)(e)1&2 have been amended throughout by changing the more formal or ambiguous term of “prior to” to the less formal and more definite term “before”.

·       Section 718.503(2)(e)1 has been amended to provide that the buyer has been provided with (as applicable) a current copy of an inspector-prepared summary of a milestone inspection report, a copy of the turnover inspection report, and/or a copy of the association’s most recent SIRS, more than 7 days (from the previous 3), excluding Saturdays, Sundays, and legal holidays, before executing the contract.

·       Section 718.503(2)(e)2 has been amended to provide that a contract is voidable by the buyer by delivering written notice of the buyer's intention to cancel within 7 days (from the previous 3) excluding Saturdays, Sundays, and legal, holidays, after the date of execution by the buyer and receipt of current copies of (as applicable) an inspector-prepared summary of a milestone inspection report, a copy of the turnover inspection report, and/or a copy of the association’s most recent SIRS; and further amended to provide that a buyer may extend the time for closing for a period of not more than 7 days (from the previous 3), excluding Saturdays, Sundays, and legal holidays, after the buyer receives current copies of the listed reports (as applicable), if requested in writing.

Association Official Records – Section 718.111(12)

·       Section 718.111(12)(g)1 which provides that an association managing a condominium with 25 or more units that does not contain timeshare units shall post digital copies of the documents specified in Section 718.111(12)(g)2 on its website or make such documents available through an application that can be downloaded on a mobile device, has been amended to further provide that unless a shorter period is otherwise required, a document must be made available on the association's website or made available for download through an application on a mobile device within 30 days after the association receives or creates an official record specified in Section 718.111(12)(g)2.

·       New Section 718.111(12)(g)2.e provides that the approved minutes of all board of administration meetings over the preceding 12 months must be posted in digital format on the association’s website.

·       New Section 718.111(12)(g)2.f provides that the video recording or a hyperlink to the video recording for all meetings of the association, the board of administration, any committee, and the unit owners which are conducted by video conference over the preceding 12 months must be posted in digital format on the association’s website.

·       New Section 718.111(12)(g)2.r provides that a copy of all affidavits required by Chapter 718, Florida Statute, must be posted in digital format on the association’s website.

COOPERATIVES – CHAPTER 719, FLORIDA STATUTES

Investment of Association Funds – Section 719.104(13)

·       New Section 719.104(13)(a) provides that a board shall, in fulfilling its duty to manage operating and reserve funds of its association, use best efforts to make prudent investment decisions that carefully consider risk and return in an effort to maximize returns on invested funds.

·       New Section 719.104(13)(b) provides that an association may invest reserve funds in one or any

combination of certificates of deposit or in depository accounts at a community bank, savings bank, commercial bank, savings and loan association, or credit union without a vote of the unit

owners.

Annual Budget; Reserve Funding – Section 719.106(1)(j)

·         Section 719.106(1)(j)2.a provides that the annual budget must include reserve accounts for capital expenditures and deferred maintenance. The deferred maintenance expense or replacement cost for the listed items requiring such that formerly exceeded $10,000 has been increased to $25,000 or the inflation-adjusted amount determined by the Division under subparagraph 6 (i.e. Section  719.106(1)(j)6), whichever is greater.

·         New Section 719.106(1)(j)2.d provides that if the local building official as defined in Section 468.603, determines that the entire cooperative building is uninhabitable due to a natural emergency as defined in Section 252.34, the board may pause the contribution to its reserves or reduce reserve funding until the local building official determines that the cooperative building is habitable. Any reserve account funds held by the association may be expended, pursuant to the board's determination, to make the cooperative building and its structures habitable. Upon the determination by the local building official that the cooperative building is habitable, the association must immediately resume contributing funds to its reserves.

·         New Section 719.106(1)(j)3.a(I) starts with what appears to be an erroneous reference to “paragraph (g),” which may have been carried over from similar text that was added in HB 913 to the Condominium Act. It appears that the correct reference should be paragraph “(k)” of Section 719.106(1), which concerns SIRS and SIRS reserves and is largely equivalent to paragraph “(g)” of Section 718.112(2), Florida Statutes, concerning SIRS and SIRS reserves. Assuming this amendment was intended to reference paragraph “(k),” the amendment provides that SIRS reserve items may be funded by regular assessments, special assessments, lines of credit, or loans. A special assessment, a line of credit, or a loan under this sub-subparagraph requires the approval of a majority vote of the total voting interests of the association.

·         New Section 719.106(1)(j)3.a(II) provides that a unit-owner-controlled association that is required to have a structural reserve study may secure a line of credit or a loan to fund capital expenses required by a milestone inspection under Section 553.899 or a structural integrity reserve study. The lines of credit or loans must be sufficient to fund the cumulative amount of any previously waived or unfunded portion of the reserve funding amount required by this paragraph and the most recent structural integrity reserve study. Funding from the line of credit or loans must be immediately available for access by the board to fund required repair, maintenance, or replacement expenses without further approval by the members of the association. A special assessment, a line of credit, or a loan secured under this sub-subparagraph and related details must be included in the annual financial statement required under Section 719.104(4) to be delivered to unit owners and required under Section 718.503 to be provided to prospective purchasers of a unit.

·         New Section 719.106(1)(j)3.b provides that for a budget adopted on or before December 31, 2028, if the association has completed a milestone inspection pursuant to Section 553.899 within the previous 2 calendar years, the board, upon the approval of a majority of the total voting interests of the association, may temporarily pause, for a period of no more than two consecutive annual budgets, reserve fund contributions or reduce the amount of reserve funding for the purpose of funding repairs recommended by the milestone inspection. This sub-subparagraph does not apply to a developer-controlled association and an association in which the nondeveloper unit owners have been in control for less than 1 year. An association that has paused reserve contributions under this sub-subparagraph must have a structural integrity reserve study performed before the continuation of reserve contributions in order to determine the association's reserve funding needs and to recommend a reserve funding plan.

·         New Section 719.106(1)(j)5 includes what appears to be an erroneous reference to “paragraph (g),” which may have been carried over from similar text that was added in this bill to the Condominium Act. It appears that the correct reference should be paragraph “(k)” of Section 719.106(1), which concerns SIRS and SIRS reserves and is largely equivalent to paragraph “(g)” of Section 718.112(2), concerning SIRS and SIRS reserves. Assuming this amendment was intended to reference paragraph “(k),” the amendment provides that an association's SIRS reserve accounts may be pooled for two or more required components. The reserve funding indicated in the proposed annual budget must be sufficient to ensure that available funds meet or exceed projected expenses for all components in the reserve pool based on the reserve funding plan or schedule of the most recent structural integrity reserve study. A vote of the members is not required for the board to change the accounting method for reserves to a pooling accounting method or a straight-line accounting method.

·         New Section 719.106(1)(j)6 provides that the Division shall annually adjust for inflation, based on the Consumer Price Index for All Urban Consumers released in January of each year, the minimum $25,000 threshold amount for required reserves. By February 1, 2026, and annually thereafter, the Division must conspicuously post on its website the inflation-adjusted minimum threshold amount for required reserves.

Structural Integrity Reserve Study (“SIRS”) – Section 719.106(1)(k)

·       Section 719.106(1)(k)1 has been amended to clarify that a residential cooperative association must have a SIRS completed at least every 10 years for each building on the cooperative property that is three habitable stories or higher in height (as determined by the Florida Building Code). For example, if the first floor of a three story building is comprised of garages and the second and third stories are living units, then the cooperative association is exempt from the requirement to conduct a SIRS.

·       Section 719.106(1)(k)h has been amended to increase the deferred maintenance expense or replacement cost of items that exceed $10,000 to $25,000 or the inflation adjusted amount determined by the Division under subparagraph (j)6. (i.e. Section 719.106(1)(j)6), whichever is greater.

·       Section 719.106(1)(k)3.a has been amended to remove the provision that a SIRS may be performed by any person qualified to perform such study.

·       New Section 719.106(1)(k)3.b provides that any design professional as defined in Section 558.002(7) or contractor licensed under Chapter 489, Florida Statutes, who bids to perform a structural integrity reserve study must disclose in writing to the association his or her intent to bid on any services related to any maintenance, repair, or replacement that may be recommended by the structural integrity reserve study. Any design professional as defined in Section 558.002 or contractor licensed under Chapter 489, Florida Statutes, who submits a bid to the association for performing any services recommended by the structural integrity reserve study may not have an interest, directly or indirectly, in the firm or entity providing the association’s structural integrity reserve study or be a relative of any person having a direct or indirect interest in such firm, unless such relationship is disclosed to the association in writing. As used in this Section, the term “relative” means a relative within the third degree of consanguinity by blood or marriage. A contract for services is voidable and terminates upon the association filing a written notice terminating the contract if the design professional or licensed contractor failed to provide the written disclosure of the relationship required under this Section. A design professional or licensed contractor may be subject to discipline under the applicable practice act for his or her profession for failure to provide the written disclosure of the relationship required under this subparagraph.

·       Section 719.106(1)(k)4.a has been amended to provide that, at a minimum, the structural integrity reserve study must include a recommendation for a reserve funding schedule based on a baseline funding plan that provides a reserve funding goal in which the reserve funding for each budget year is sufficient to maintain the reserve cash balance above zero. The study may recommend other types of reserve funding schedules, provided that each recommended schedule is sufficient to meet the association’s maintenance obligation.

·       Section 719.106(1)(k)4.b has been amended to provide that, if the SIRS recommends reserves for any item for which reserves are not required under this Section, the amount of the recommended reserves for such item must be separately identified in the structural integrity reserve study as an item for which reserves are not required under this Section.

·       New Section 719.106(1)(k)4.c provides that the SIRS must take into consideration the funding method or methods used by the association to fund its maintenance and reserve funding obligations through regular assessments, special assessments, lines of credit, or loans. If the SIRS is performed before the association has approved a special assessment or secured a line of credit or a loan, the SIRS must be updated to reflect the funding method selected by the association and its effect on the reserve funding schedule, including any anticipated change in the amount of regular assessments. The SIRS may be updated to reflect any changes to the useful life of the reserve items after such items are repaired or replaced, and the effect such repair or replacement will have on the reserve funding schedule. The association must obtain an updated SIRS before adopting any budget in which the reserve funding from regular assessments, special assessments, lines of credit, or loans do not align with the funding plan from the most recent version of the SIRS.

·       Section 719.106(1)(k)5 has been amended to add four-family dwellings (i.e. quadraplexes) with three or fewer habitable stories above ground to the types of buildings to which the SIRS requirements do not apply.

·       New Section 719.106(1)(k)9 provides that if the association completes a milestone inspection required by Section 553.899, or an inspection completed for a similar local requirement, the association may delay performance of a required structural integrity reserve study for no more than the 2 consecutive budget years immediately following the milestone inspection in order to allow the association to focus its financial resources on completing the repair and maintenance recommendations of the milestone inspection.

·       Section 719.106(1)(k)10 has been amended to provide that an officer or a director of the association must sign an affidavit acknowledging receipt of the completed structural integrity reserve study.

·       New Section 719.106(1)(k)13 provides that the Division shall adopt by rule the form for the SIRS in coordination with the Florida Building Commission.

Association Emergency Powers – Section 719.128(1)(i)

This Section has been amended, in part by removing the word “mandatory” from “mandatory evacuation order.” All of the same conditions remain for when a board of administration may exercise its emergency powers (i.e., a state of emergency is declared in the locale in which the cooperative is located, the cooperative documents do not expressly prohibit or restrict emergency powers, and the emergency powers are exercised in response to damage or injury caused by or anticipated in connection with an emergency). Provided emergency powers are in effect, if an evacuation order is issued in the locale in which the cooperative is located, regardless of whether the order is “mandatory,” the board may require the evacuation of the cooperative property. If any unit owner or occupant of a unit fails or refuses to evacuate the cooperative, then the association is immune from liability or injury to persons or property arising from such failure or refusal.

These significant changes to the law will impact community association managers as well as the operation of condominium associations and cooperatives in Florida. It is essential for associations to understand and implement these changes as mandated by law. As always, consulting with a legal professional is recommended for advice tailored to your specific circumstances.

We hope this update has been informative. Please stay tuned for further updates as we navigate the implementation of these legislative changes.

A note to the reader: This article is intended to provide general information and is not intended to be a substitute for competent legal advice. Competent legal counsel should be consulted if you have questions regarding compliance with the law.

Christopher L. Pope is an attorney at Pope Mazzara & Menendez, PLLC. He is board certified by The Florida Bar in Condominium and Planned Development Law, Construction Law, and Real Estate Law. His practice focuses on advising community associations, construction issues, and real estate matters.

Alexander Menendez is an attorney at Pope Mazzara & Menendez, PLLC. He is dedicated to representing condominium and homeowners associations throughout Southwest Florida and regularly advises boards and community managers on governance, compliance, and enforcement matters.

About Pope Mazzara & Menendez, PLLC

Pope Mazzara & Menendez, PLLC is a Florida-based law firm focused on serving condominium and homeowners associations, construction professionals, and real estate clients. With a practical, results-driven approach, the firm emphasizes timely guidance, clear communication, and modern legal solutions tailored to the fast-paced needs of board members and community association managers. The firm’s attorneys are known for their deep experience in community association law, construction matters, and real estate operations throughout Southwest Florida.