Florida Condominium Bylaws: Fla. Stat. 718.112

What the law covers

Fla. Stat. 718.112 governs condominium association bylaws.

• The operation of the association is governed by the articles of incorporation, if the association is incorporated, and the bylaws, which are included as exhibits to the recorded declaration.
• No amendment to the articles of incorporation or bylaws is valid unless recorded with identification on the first page of the book and page of the public records where the declaration of each condominium operated by the association is recorded.
• The association may extinguish a discriminatory restriction as provided under s. 712.065.
• The association's governing documents and later amendments may also apply.

Key requirements and limits

Key requirements include:

• Board size: unless the bylaws provide otherwise, the board has five members unless the condominium has five or fewer units; condominiums with five or fewer units that are not-for-profit corporations must have not fewer than three members.
• Officers: unless the bylaws provide otherwise, the board has a president, a secretary, and a treasurer. Officers and board members serve without compensation unless the bylaws say otherwise.
• Written inquiries: when a unit owner files a written inquiry by certified mail, the board must respond in writing within 30 days after receipt. If the board requests a legal opinion, it must provide a substantive response within 60 days after receipt of the inquiry. If it requests advice from the division, it must provide a substantive response within 10 days after receiving the advice. Failure to provide a substantive response precludes the board from recovering attorney fees and costs in later litigation, administrative proceedings, or arbitration arising from the inquiry.
• Quorum and voting: unless a lower number is in the bylaws, a majority of voting interests is a quorum. Decisions are made by a majority of voting interests represented at a meeting at which a quorum is present, subject to exceptions in the text.
• Proxies: residential condominium unit owners may not vote by general proxy but may vote by limited proxies substantially conforming to a limited proxy form adopted by the division. A proxy is not valid longer than 90 days after the date of the first meeting for which it was given and is revocable at any time.
• Board meetings: associations with more than 10 units must meet at least once each quarter, with at least four agendas per year including an opportunity for members to ask questions. Meetings with a quorum are open to all unit owners. Board members may use email but may not vote by email.
• Elections: board members are elected by written ballot or voting machine. Proxies may not be used in electing the board in general elections or elections to fill vacancies caused by recall, resignation, or otherwise, unless otherwise provided in the chapter. This does not apply to a timeshare condominium.
• Term limits: a board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates. Only board service that occurs on or after July 1, 2018 may be used when calculating a board member's term limit.
• Budget and reserves: the board must adopt the annual budget at least 14 days before the start of the association's fiscal year. Reserves must cover roof replacement, building painting, and pavement resurfacing, plus any item with deferred maintenance expense or replacement cost exceeding $25,000 or the inflation-adjusted amount determined by the division, whichever is greater.

Notice, hearing and deadlines

Notice and deadline rules include:

• Written inquiry response: the board must respond in writing within 30 days after receipt; within 60 days after receipt if a legal opinion is requested; and within 10 days after receiving advice from the division.
• Board meeting notice: notice must be posted conspicuously at least 48 continuous hours before the meeting, except in an emergency. Video conference notices must state that the meeting will be via video conference and include a hyperlink, a conference telephone number, and the physical location address. Video conference meetings must be recorded and kept as official records.
• Petitioned agenda item: if 20 percent of voting interests petition the board, the board must place the item on the agenda within 60 days after receipt of the petition.
• Special assessment or rule amendment notice: written notice must be mailed, delivered, or electronically transmitted and posted at least 14 days before the meeting. An affidavit must be filed with the official records.
• Annual meeting notice: written notice must be mailed, hand delivered, or electronically transmitted at least 14 days before the annual meeting and posted for at least 14 continuous days.
• Budget meeting notice: at least 14 days before the meeting, the board must deliver a notice and a copy of the proposed annual budget.
• Election notices: the first notice must be sent at least 60 days before the election. A candidate must give written notice of intent at least 40 days before the election. The second notice and ballot must be sent not less than 14 days or more than 34 days before the election. A candidate information sheet must be furnished at least 35 days before the election.
• Election challenge: a challenge to the election process must be commenced within 60 days after the election results are announced.
• Proxy validity: a proxy is not valid longer than 90 days after the date of the first meeting for which it was given.

Practical checklist for homeowners

Neutral steps for homeowners:

• Read your governing documents.
• Keep copies of notices.
• Check the official text for updates.
• Confirm whether your association has more than 10 units, which affects quarterly board meeting requirements.
• Verify the designated location where meeting notices are posted.
• Review the proposed annual budget and reserve schedule before the fiscal year begins.
• Track election deadlines if you plan to run for the board.