Florida Condominium Associations: Fla. Stat. 718.111

What the law covers

This statute covers Florida condominium associations. The association operates the condominium and must be a Florida corporation for profit or not for profit, unless it existed on January 1, 1977. Unit owners are shareholders or members. Officers and directors have a fiduciary relationship to unit owners. A unit owner does not have authority to act for the association simply by being a unit owner. The association may operate more than one condominium. The association's governing documents and later amendments may also apply.

Key requirements and limits

An officer, director, or agent must discharge duties in good faith, with ordinary prudence, and in a manner reasonably believed to be in the association's interests. An officer, director, or manager may not solicit, offer to accept, or accept a kickback. The association may not hire an attorney who represents the management company. If the association contracts with a community association manager or firm, that manager or firm must hold all applicable licenses under part VIII of chapter 468, and board members must verify licensure before contracting. The association may make and collect assessments and maintain common elements, but may not charge a use fee for common elements unless the declaration provides for it, the association approves by majority vote, or the charge relates to an owner's exclusive use. The association has an irrevocable right to access each unit during reasonable hours for maintenance, repair, replacement, or to prevent damage. The association may purchase units unless prohibited by its declaration, articles, or bylaws, but board members, managers, and management companies may not buy a unit at the association's assessment foreclosure sale, except in a timeshare condominium. Every residential condominium association must have adequate property insurance, and replacement cost must be determined at least once every 3 years. The association must maintain insurance or fidelity bonding for people who control or disburse association funds.

Notice, hearing and deadlines

Records must be made available to a unit owner within 10 working days after a written request. Failure to provide records within 10 working days creates a rebuttable presumption of willful failure. Minimum damages are $50 per calendar day for up to 10 days, beginning on the 11th working day after receipt of the written request. Except in an emergency, the association may not enter an abandoned unit until 2 days after notice of intent to enter is mailed or hand-delivered. Replacement cost for insurance must be determined at least once every 3 years. Bids for work must be kept for at least 1 year. Most official records must be kept for at least 7 years, and certain records must be kept permanently. Insurance policies issued or renewed on or after January 1, 2009 must provide specified primary coverage. A policy based on a 250-year windstorm probable maximum loss may not be issued or renewed after July 1, 2008 unless approved by the Office of Insurance Regulation.

Practical checklist for homeowners

Read your governing documents and check the official statute text for updates. Keep copies of notices and written requests. Confirm that any community association manager holds the required license before the association contracts. Check that board meeting votes and abstentions are recorded in the minutes. Request official records in writing and keep a copy of the request. Verify that the association maintains required insurance and fidelity bonding. Check whether your condominium is subject to special rules for timeshares, developer control, or pre-1977 declarations.