At a glance
| Statute | Chapter 718, Florida Statutes |
|---|---|
| Regulator | DBPR Division of Condominiums, Timeshares and Mobile Homes |
| Post-Surfside laws | SB 4-D, SB 154, HB 1021, HB 913 |
| Final SIRS deadline | December 31, 2026 |
| Resale cancel period | 7 days excluding weekends and holidays |
What is the 718 condo law in Florida?
Chapter 718 of the Florida Statutes, the Condominium Act, is the main law for residential condominiums. It covers how a condominium is created by its declaration, how the association and board run it, budgets and reserves, owners' rights to records and meetings, what buyers must receive, assessments and liens, and how disputes are handled. A few rules sit in other chapters, most importantly the milestone structural inspection in section 553.899. The Division of Florida Condominiums, Timeshares and Mobile Homes at the Department of Business and Professional Regulation (DBPR) enforces it.
The documents that sit under the statute
Each condominium also has its own declaration, articles of incorporation, bylaws and rules. They can add restrictions, such as on leasing or pets, but they cannot override the statute. When the two conflict, chapter 718 controls.
Condos vs HOAs
Homeowners' associations for houses and townhomes fall under chapter 720, a different statute with different reserve, record and fine rules. Our Florida HOA laws guide covers chapter 720.
What is the new law for condo associations in Florida?
DBPR counts four condominium laws passed since the Champlain Towers South collapse in Surfside on June 24, 2021, which killed 98 people. The most recent, HB 913, took effect July 1, 2025.
| Law | Year | What it did |
|---|---|---|
| SB 4-D | 2022 | Created milestone inspections for buildings three stories or higher, the structural integrity reserve study (SIRS) and a ban on waiving reserves for SIRS items. |
| SB 154 | 2023 | Clarified which buildings need milestone inspections, widened who can do the visual part of a SIRS, and created a building database. |
| HB 1021 | 2024 | Board education, websites for associations with 25 or more units, more DBPR enforcement and criminal penalties for kickbacks and records fraud. |
| HB 913 | 2025 | Moved the SIRS deadline to December 31, 2025, added funding options, competitive bidding, conflict disclosure, video meetings and electronic voting. |
HB 913 (2025) in more detail
HB 913 gave associations until December 31, 2025 to finish their first SIRS, or until December 31, 2026 if a milestone inspection is due by then, with no SIRS allowed after that date. It lets a SIRS reflect funding by special assessment, line of credit or loan, lets an association that has just completed a milestone inspection delay its SIRS for up to two budget years to pay for repairs, and requires competitive bids once a contract exceeds 5% of the total annual budget including reserves. It also allows video-conference meetings, which must be recorded and offer an in-person location.
HB 1021 (2024) in more detail
HB 1021 requires each new director to certify they have read the governing documents and to complete at least four hours of approved education within 90 days, covering milestone inspections, SIRS, elections, records, finances, fines and meetings, with one hour of continuing education each year after. An officer, director or manager who knowingly takes a kickback commits a third-degree felony.
What are the key changes in Florida condo laws for 2026?
The 2026 Legislature did not pass a new condominium reform. The 2026 edition of chapter 718 shows only a reviser's bill (SB 104), which corrects cross-references and wording, and HB 797, which renamed the Florida Not For Profit Corporation Act and re-enacted related condo sections. What changes for owners in 2026 is the arrival of deadlines set in earlier years.
December 31, 2026: the final SIRS deadline
No association that needs a SIRS may complete it after December 31, 2026. Associations with a milestone inspection due by that date may do both at once.
Budgets without SIRS waivers
For any budget adopted on or after December 31, 2024, owners in an association that needs a SIRS cannot vote to fund less than the required reserves for SIRS items, and cannot use those reserves for anything else. Most associations adopt new budgets each year, so 2026 budgets are the second full cycle under this rule. Multicondominium associations can seek DBPR approval for an alternative funding method.
DBPR online accounts
Every condominium association had to create an online account with the DBPR division by October 1, 2025 and report its buildings, assessments and inspection information. DBPR publishes a SIRS reporting database from those filings.
Reserves and the structural integrity reserve study
A SIRS is required at least every 10 years for each building three habitable stories or higher. It must be done or verified by a licensed engineer or architect, or a certified reserve specialist or professional reserve analyst, and must cover the roof, structure, fireproofing and fire protection, plumbing, electrical, waterproofing and exterior painting, windows and exterior doors, and any other item over $25,000 (adjusted for inflation) whose failure would affect those items. The milestone inspections guide explains how the SIRS and the milestone inspection fit together.
How reserve amounts are calculated
Section 718.112(2)(f) says reserves must be computed with a formula based on each item's estimated remaining useful life and replacement cost, and SIRS items must follow the study's funding plan, which at minimum keeps the reserve balance above zero every year.
Worked example: one roof, 60 units
Illustration only, using straight-line math: a building's roof will cost $480,000 to replace, has 12 years of life left, and $120,000 is already reserved. The shortfall is $480,000 − $120,000 = $360,000. Spread over 12 years that is $30,000 a year. Split evenly across 60 units, it is $500 a unit a year, about $41.67 a month, for this one item. Many declarations split costs by ownership share rather than evenly, and a real SIRS covers every item, so ask for the association's own study.
Paying for big repairs
Reserves for SIRS items may be funded by regular assessments, special assessments, lines of credit or loans. A special assessment, line of credit or loan for this purpose needs approval by a majority of the total voting interests.
What condo buyers are entitled to
Documents at the seller's expense
On a resale, section 718.503(2) entitles the buyer to current copies, at the seller's expense, of the declaration, articles, bylaws and rules, the annual financial statement and budget, the inspector-prepared summary of any milestone inspection, the most recent SIRS or a statement that none has been done, any turnover inspection report from July 1, 2023 on, and the DBPR Frequently Asked Questions and Answers sheet. The buyer also gets DBPR's governance form.
The 7-day right to cancel
A resale contract must either confirm the buyer received the documents more than 7 days before signing, or give the buyer 7 days, excluding weekends and legal holidays, after signing and receiving them to cancel in writing. This right cannot be waived and ends at closing. Buying from a developer gives 15 days instead.
Milestone and SIRS status in the contract
Contracts signed after December 31, 2024 must state in conspicuous type whether the association is required to have a milestone inspection or SIRS and, if required, whether it has completed them.
Estoppel certificate
The association's estoppel certificate confirms what the unit owes. Its fee is capped at $250 when the account is current, plus $100 for delivery within 3 business days, and up to $150 more when an amount is delinquent. Our guide to buying a condo in Florida covers financing and fees, and the Sarasota and Tampa condo pages apply these rules locally.
Rules owners and boards live with
Websites for 25 or more units
An association managing a condominium with 25 or more units must post key records on a protected website or app within 30 days of creating or receiving them. The list includes the declaration, bylaws, articles and rules, 12 months of approved board minutes, contracts and bids, budgets and financial reports, director certifications, conflict-of-interest contracts, meeting notices and agendas, and milestone inspection reports.
Board term limits
A board member may not serve more than 8 consecutive years unless two-thirds of the votes cast approve it, or there are not enough eligible candidates.
Elections
There is no quorum for board elections, but at least 20% of eligible voters must cast a ballot for the election to be valid, and an election is only needed if there are more candidates than seats.
Kickbacks and records
Knowingly soliciting or accepting a kickback is a felony, and HB 1021 expanded DBPR's power to act on complaints and refer criminal conduct.
What is the 5 year rule for HOAs and condos in Florida?
No section of chapter 718 or 720 is titled a "5 year rule". The phrase usually refers to the time limit for going to court: section 95.11(2)(b), Florida Statutes, gives five years for a legal action founded on a written instrument, and a recorded declaration is a written instrument. Chapters 718 and 720 also give a mortgagee five years to challenge an amendment adopted without its consent. When the clock starts on a particular violation is a legal question, so ask a Florida attorney before relying on it.
Common mistakes when buying or selling
- Skimming the SIRS. The funding plan shows how dues are likely to move; a low reserve balance against near-term items points to special assessments.
- Letting the 7 days lapse. The clock runs from signing and receipt of the documents, not from when you get around to reading them.
- Assuming a sale is blocked by the milestone summary. It is a disclosure, not an approval; read the recommended repairs and ask how they will be paid.
- Forgetting unit insurance. The association insures the building; you need an HO-6 policy for your unit. See our homeowners insurance guide.
Common questions
What is the new law for condo associations in Florida?+
The most recent is HB 913, effective July 1, 2025. It set December 31, 2025 as the deadline for the first structural integrity reserve study (December 31, 2026 for buildings with a milestone inspection due by then), allowed loans and lines of credit to fund reserves, and added competitive bidding, conflict-of-interest disclosure, video meetings and electronic voting.
What are the key changes in Florida condo laws for 2026?+
The 2026 Legislature made only technical and conforming changes to chapter 718. The big 2026 items are deadlines from earlier laws: no structural integrity reserve study may be completed after December 31, 2026, and budgets can no longer waive or cut reserves for SIRS items. Associations also had to open a DBPR online account by October 1, 2025.
What is the 718 condo law in Florida?+
Chapter 718 of the Florida Statutes is the Condominium Act. It governs how condominiums are created and run, including board powers, budgets and reserves, owners' access to records, elections, assessments and liens, and the documents buyers must receive. DBPR's Division of Florida Condominiums, Timeshares and Mobile Homes enforces it.
What is the 5 year rule for HOA in Florida?+
There is no statute called the 5 year rule. It usually refers to section 95.11(2)(b), which gives five years to bring a legal action founded on a written instrument, such as a declaration of covenants. Chapters 718 and 720 also give mortgagees five years to challenge certain amendments. Ask a Florida attorney how the deadline applies to your situation.
How long does a buyer have to cancel a condo contract in Florida?+
On a resale, the buyer can cancel in writing within 7 days, excluding weekends and legal holidays, after signing and receiving the required documents, unless the documents were delivered more than 7 days before signing. From a developer, the period is 15 days. The right cannot be waived and ends at closing.
Can condo owners vote to waive reserves in Florida?+
For most reserve items, a majority of the total voting interests can still vote to fund less or none. But for budgets adopted on or after December 31, 2024, owners in an association that must have a structural integrity reserve study cannot waive or reduce reserves for the SIRS items, such as roof, structure, plumbing and waterproofing.
Sources
- Florida Statutes, Chapter 718 (2026): Condominiums
- Florida Statutes s. 553.899: Mandatory structural inspections for condominium and cooperative buildings
- Florida Statutes s. 95.11: Limitations other than for the recovery of real property
- DBPR Condominium Information & Resources: Home
- DBPR Condominium Information & Resources: Timeline (SB 4-D, SB 154, HB 1021, HB 913)
- DBPR Condominium Information & Resources: FAQs
- Laws of Florida, Chapter 2026-14 (SB 104, reviser's bill)
- Laws of Florida, Chapter 2026-168 (HB 797, nonprofit corporations)