Florida Condo Maintenance and Rules: Fla. Stat. 718.113

What the law covers

Fla. Stat. 718.113 addresses condominium maintenance, limits on alterations, flag display, hurricane protection, religious decorations, and energy devices. The association is responsible for maintaining common elements, except for limited common elements assigned to the unit owner by the declaration. The declaration may assign maintenance of limited common elements to those entitled to use them or to the association, with costs shared only by those users if the declaration provides a detailed apportionment method. The association's governing documents and later amendments may also apply.

Key requirements and limits

• Material alterations or substantial additions to common elements or association real property generally require declaration approval. If the declaration does not specify a procedure, 75 percent of the total voting interests of the association must approve before work begins. For multicondominium associations, 75 percent of the total voting interests of each affected condominium is required if no procedure is specified. This applies to associations existing on July 1, 2018. • A unit owner may not do anything in a unit or on common elements that adversely affects the safety or soundness of common elements or association or condominium property maintained by the association. • An owner may display one portable, removable United States flag respectfully. On Armed Forces Day, Memorial Day, Flag Day, Independence Day, Patriot Day, and Veterans Day, an owner may display portable, removable official flags representing the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, not larger than 4 1/2 feet by 6 feet, regardless of declaration rules. • The board must adopt hurricane protection specifications for each building, complying with the applicable building code. Such installation is not considered a material alteration or substantial addition. Certain notice, recording, and cost rules apply, including 14-day deadlines for insurance certificates and premium reimbursement for electric vehicle stations. • An association may not refuse a reasonable accommodation for a religious object attached to a door mantel or frame not to exceed 3 inches wide, 6 inches high, and 1.5 inches deep. • The board may install solar collectors, clotheslines, or other renewable energy-efficient devices on common elements or association property without owner approval. • A declaration or board may not prohibit an owner from installing an electric vehicle charging station or natural gas fuel station within the owner's limited common element or exclusively designated parking area. Installation may not cause irreparable damage. Electricity must be separately metered or metered by an embedded meter, payable by the owner or successor. The owner pays installation, operation, maintenance, repair, and insurance costs, and removal costs if no longer needed. The association may enforce these costs under s. 718.116. The association may require safety compliance, reasonable architectural standards, a licensed firm, a certificate of insurance within 14 days, and premium reimbursement within 14 days.

Notice, hearing and deadlines

The text includes these notice and deadline items: if a unit owner vote requires hurricane protection installation, the board must record a certificate in the county public records and mail or hand deliver a copy to unit owners at their addresses in the association records, or send it by electronic transmission to owners who previously consented. Failure to record or send the copy does not affect the validity of the vote. For electric vehicle charging stations, the owner must provide a certificate of insurance naming the association as an additional insured within 14 days after receiving approval or notice, and must reimburse the association for increased insurance premiums within 14 days after receiving the invoice. No hearing requirements are stated in the provided text.

Practical checklist for homeowners

• Read your governing documents and the declaration to see what maintenance, alteration, and cost-sharing rules apply. • Keep copies of notices, certificates, and correspondence from the association. • Check the board-adopted hurricane protection specifications for your building. • Review any declaration provisions on limited common elements and cost apportionment. • Confirm metering and insurance requirements before installing an electric vehicle charging station or natural gas fuel station. • Check the official text for updates.