Florida Condominium Association Powers (Fla. Stat. 718.111)

What the law covers

• The association must be a Florida corporation for profit or not for profit, unless it existed before January 1, 1977.
• Unit owners are shareholders or members of the association.
• Officers and directors have a fiduciary relationship to the unit owners.
• The association may operate more than one condominium.
• The association has powers to manage, contract, sue, and be sued.

Key requirements and limits

• A director present at a meeting is presumed to assent to action taken unless voting against or abstaining.
• Directors may not vote by proxy or secret ballot, except for officer elections.
• A unit owner has no authority to act for the association.
• Officers, directors, and agents must discharge duties in good faith and with ordinary care.
• Soliciting or accepting a kickback is a felony of the third degree.
• The association may not hire an attorney who represents the management company.
• A community association manager or firm must be licensed under part VIII of chapter 468.
• The association may make assessments but may not charge a use fee for common elements unless provided in the declaration or by majority vote.
• The association has the irrevocable right of access to units under certain conditions.

Notice, hearing and deadlines

• To enter an abandoned unit, the association must give at least 2 days' notice by mail or hand delivery.
• Official records must be provided within 10 working days after a written request.
• Failure to provide records creates a rebuttable presumption of willful noncompliance, with minimum damages of $50 per calendar day for up to 10 days.
• Accounting records must be maintained for at least 7 years; structural integrity reserve studies for 15 years.
• Bids for work must be kept for at least 1 year after receipt.

Practical checklist for homeowners

• Read the declaration, bylaws, and rules of the association.
• Keep copies of all notices received from the association.
• Verify that the association maintains official records and request copies as needed.
• Confirm that any entry into your unit follows the required notice procedures.
• Review the association's insurance coverage and understand what is insured.