Staying Compliant in Florida’s Evolving Legal Landscape
Florida’s condominium laws are among the most comprehensive — and most frequently updated — in the country. Since the Surfside collapse in 2021, the legislature has moved quickly to impose new obligations on associations, boards, and property managers.
Understanding what the law requires isn’t just a matter of compliance — it directly affects your association’s insurance obligations, board member liability, and financial planning. This page brings together the most important legal resources and compliance guidance we share with associations every day.
Florida Statute 718 governs condominiums
Chapter 718 is the primary law governing condo associations in Florida — covering everything from elections to insurance requirements to reserve funding.
New structural safety laws took effect in 2022
Senate Bill 4-D imposed sweeping new requirements for milestone inspections and mandatory reserve funding for buildings 3+ stories.
Board members face personal liability
Failure to comply with Florida’s condo statutes can expose individual board members to personal legal and financial liability.
Laws change — stay current
Florida’s legislature regularly amends Chapter 718. Associations should review statutory updates every year with their attorney and insurance agent.
Florida Laws Every Condo Board Must Know
These are the statutes and laws that most directly affect South Florida condo associations and their insurance obligations.
The primary statute governing condominium associations in Florida. Chapter 718 covers the full lifecycle of a condo association — from creation and governance to financial management, elections, and insurance. Every board member should be familiar with its key provisions.
- Requires associations to maintain property insurance on the condominium building
- Mandates fidelity bonding for associations above certain thresholds
- Establishes reserve funding requirements for structural components
- Governs board member elections, terms, and fiduciary duties
- Requires associations to make financial records available to unit owners
- Sets rules for special assessments and budget approval
Enacted following the Surfside collapse, these bills represent the most significant changes to Florida condo law in decades. They impose mandatory structural inspections and eliminate the ability to waive or reduce reserve funding for critical structural components.
- Milestone structural inspections required at 30 years (25 for coastal buildings)
- Structural Integrity Reserve Studies (SIRS) required every 10 years
- Associations prohibited from waiving reserves for structural components
- Repairs identified in inspections must be completed within set timeframes
- Applies to all condo buildings 3 stories or taller statewide
- Board members who knowingly ignore requirements face personal liability
This statute specifically addresses insurance requirements for individual condo unit owners in Florida, including the relationship between the master policy and individual HO-6 policies. It defines what associations must cover and what unit owners are responsible for insuring.
- Defines the association’s obligation to insure the building and common elements
- Addresses the delineation between master policy and unit owner coverage
- Governs how insurance proceeds are distributed after a loss
- Addresses loss assessment obligations and unit owner rights
This section of Chapter 718 specifically addresses reserve account requirements for condo associations. As amended by the 2022 and 2023 legislation, it now mandates full funding of reserves for structural components with no ability to waive.
- Reserve accounts required for roof, pavement, painting, and other components
- Structural components may no longer be waived or reduced by unit owner vote
- SIRS must be used as the basis for reserve calculations
- Associations must begin transitioning to full funding by statutory deadlines
Trusted Government & Legal Sources
These agencies and organizations are the authoritative sources for Florida condo law, regulatory oversight, and legal guidance.
Florida Statute Chapter 718 — Full Text
Florida LegislatureThe complete text of the Florida Condominium Act, including all recent amendments. Searchable by section. The definitive source for understanding your association’s legal obligations.
Florida DBPR — Division of Condominiums
State AgencyThe regulatory body overseeing Florida condo associations. File complaints, access official guidance documents, look up association registration status, and find educational resources for boards.
Senate Bill 4-D — Condo Safety Act
Florida SenateThe landmark 2022 legislation enacted in response to the Surfside collapse. Read the full text of the bill that created mandatory milestone inspections and structural reserve requirements.
The Florida Bar — Condo Law Consumer Guide
Legal ResourcePlain-language guidance from The Florida Bar on condominium law for consumers and board members. Covers owner rights, board responsibilities, dispute resolution, and where to find legal help.
Florida Community Association Journal
Industry ResourceFlorida’s leading publication covering condo and HOA law, management, and insurance. Regularly features legal updates, legislative analyses, and expert commentary relevant to South Florida boards.
Community Associations Institute — Greater Florida
Industry AssociationCAI is the leading national organization for community associations. The Greater Florida chapter offers education, events, and resources specifically for South Florida condo and HOA boards and managers.
What Florida Law Requires From Your Board
Key compliance obligations that every South Florida condo board should have on their radar.
Schedule Your Milestone Inspection Now
If your building is 3+ stories and 30 years old (25 for coastal buildings), a milestone structural inspection is legally required. Contact a licensed structural engineer to schedule yours and document the process carefully.
Commission a Structural Integrity Reserve Study
A SIRS is now required for all condo buildings 3 stories or taller. It must be performed by a licensed engineer or architect and must be updated every 10 years. Your reserve funding must align with the SIRS findings.
Stop Waiving Structural Reserves
The ability for unit owners to vote to waive or reduce reserves for structural components has been eliminated by Florida law. Continuing this practice exposes board members to personal liability and violates statute.
Maintain Adequate D&O Insurance
With expanded board obligations under Florida’s new condo safety laws, D&O insurance is more critical than ever. Make sure your policy provides meaningful protection — not just nominal coverage — for decisions made in your board role.
Review Your Fidelity Bond Against Reserve Balances
With associations now required to maintain fully funded structural reserves, the amounts held in reserve accounts are larger than ever. Florida law requires fidelity bonding — but many associations are underinsured relative to current reserve balances.
Document All Board Decisions Thoroughly
Thorough meeting minutes and documented decision records are your best protection against future claims that the board acted improperly. This is especially important for decisions related to inspections, repairs, and reserve funding.
Florida Condo Law Terms Every Board Should Know
A plain-language glossary of the legal and regulatory terms most relevant to South Florida condo boards.
Questions About Compliance & Coverage?
Peter works with South Florida condo boards to ensure their insurance programs meet Florida’s legal requirements. Schedule a free review today.
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