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New 2025 Florida Legislation Impacting Community Associations

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Florida has introduced new legislation and implemented changes to various regulations impacting community associations, many of which went into effect on July 1, 2025.

During this session, there were four main bills passed that impact community associations: HB 913, HB 393, HB 615, and SB 948. To assist with our clients’ awareness and understanding of the recent laws adopted by the State of Florida, we have prepared this summary of community association law changes that resulted from the last session of the State of Florida legislature.

These new laws cover many facets of management, condominium and cooperative operations including: license and contract requirements, contract disclosures, conflicts of interest, additional milestone inspection requirements, new mandates on board meetings, electronic election and voting standards, among many others. It is time for community association managers, owners, and board members to be aware of the changes that may impact their respective obligations and plan accordingly. Let’s discuss these laws further.

BILLS PASSED RELEVANT

HB 913 (Condominium and Cooperative Associations Governance
and Community Association Management)

The following parts of House Bill 913 apply to community association managers and impacts homeowners, condo associations, and cooperatives:

Community Association Managers

  • License restrictions and contract requirements (Section 468.432):

    • Prohibits persons who have had their CAM license revoked from having an indirect or direct ownership interest in a CAM firm, or being an employee, partner, officer, director, or trustee of a CAM firm for 10 years and may not reapply for a license for 10 years; 
    • Requires CAMs to maintain and update an online account with the Department of Business and Professional Regulation (department) identifying the management firm he/she works for, and requires updates must be completed within 30 days of a change;
    • Requires that management firms identify its online account and the community managers it employs.
    • Requires the Division of Condominiums, Timeshares, and Mobile Homes (division) to give written notice to the CAM firm and to the community association when a CAM’s license is suspended or revoked.
    • Requires that Legal Compliance CAM or management firm may not knowingly perform any act directed by a community association, if such act violates any state or federal law.
    • Requires that CAM or Management firm must comply with milestone inspection requirements and structural integrity reserve study requirements must comply with requirements, as directed by the Board.
    • Requires that management contracts must include a 12-point font statement affirming compliance with professional standards and recordkeeping.

  • Contract Disclosures for CAMs & Professionals (Section 468.4334):

    • Each contractor between an association and manager or firm, must include the following statement in at least 12-point font type: “The community association manager shall abide by all professional standards and record keeping requirements imposed pursuant to Part VIII of Chapter 468, Florida Statutes.”
    • The management contract may not waive or limit professional practice standards under Chapter 468.

  • Conflicts of Interest for CAMs & Professionals (Section 468.4335):

    • Applies when manager or management firm proposes to enter into a contract or other transaction with the association, or enters into a contract for goods or services with the association, for services other than community association management services.
    • Compensation Defined: Includes referral fees, profit-sharing, and ownership interests in recommended vendors.
    • $2,500 Threshold Rule: Bids for goods or services, other than community association management exceeding $2,500.00, which is construed to be a conflict, then the Association must obtain multiple bids, unless disclosed in the management service contract as a conflict of interest.
    • Notice for a meeting where the proposed conflict will be considered must include a description of the proposed activity, the possible conflict, and include a copy of all contracts and transactional documents related to the proposed activity.
    • Disclosure must be entered into written minutes and requires approval of 2/3 of the Board of directors.
    • Failure to disclose then the contract is voidable and the Association may terminate its community management contract by delivery of a written notice terminating the contract, and is not liable for penalties associated with termination. Membership vote is no longer required.

Condominium and Cooperative Associations

The bill relates to the governance of condominium and cooperative associations and the practice of community association management.

  • Milestone Inspections (Section 553.899)

    • Regarding milestone inspections of the structural integrity of condominium and cooperative buildings, the bill:
      • Revises the requirements for milestone inspections to apply to condominium and cooperative buildings that are three “habitable” stories or more in height instead of three or more stories under current law.
      • Requires the boards of county commissioners to adopt an ordinance requiring associations and any other owners that are subject to milestone inspection requirements to commence repairs within 365 days after a phase two inspection is received.
      • Requires the Office of Program Policy and Government Accountability to compile milestone inspection data and to submit a report to the Legislature;
      • Requires that the architect or engineer bidding on a milestone inspection must disclose, in writing, intent to bid on any services related to any maintenance, repair, or replacement which may be recommended in the milestone inspection.
      • Design professionals or contractors bidding to perform any services recommended in the milestone inspection may not have any interest in the firm or entity that provided the milestone inspection or be a relative of such firm, unless the relationship is disclosed in writing to the Association. If the above are not complied with, the contract is voidable and terminates upon Association notice.
      • Requires local enforcement agencies to report to the department by Dec. 31, 2025, and annually thereafter, specified information including:
        1. Number of buildings required to have a milestone inspection
        2. Number of buildings for which a phase one milestone inspection has been completed.
        3. The number of buildings granted an extension
        4. The number of buildings required to have a phase two milestone inspection.
        5. The number of buildings for which a phase two milestone inspection has been completed.
        6. The number, type, and value of permit applications received to complete repairs required by a phase two milestone inspection.
        7. A list of buildings deemed to be unsafe or uninhabitable.
        8. The license number of the building code administrator responsible for milestone inspections.
  • Condominium Association Meetings (Section 718.112)

    • The bill allows condominium associations to conduct meetings by video conferencing, including board meetings, budget meetings, and unit member meetings.
    • Notices must include a hyperlink and call-in conference number and must have a physical location where unit owners can also attend the meeting in person.
    • All meetings conducted by video conference must be recorded, and such recordings must be maintained as an official record of the Association for at least one year.
    • The division is required to adopt rules governing the requirements for meetings.
    • Unit owner meetings must be held within 15 miles of the Association property or within the same county as the Association.
    • Unit Owner meetings held by video conference requires that quorum of the Board be physically present at the physical location where unit owners can attend the meeting. - 718.112(2)(d)2 states: a quorum of the members of the board of administration must be physically present at the physical location where unit owners can attend the meeting.
    • Sound transmitting devices must be used so that the conversation of members may be heard by the board or committee members attending in person, as well as any unit owners present at the meeting.

  • Contracts (Section 718.111)

    • If the Association retains a community association manager or management firm, the manager or firm must possess all required licenses under Chapter 468.
    • The Board has a duty to ensure the manager or firm is properly licensed before entering into the contract.
    • If the manager's license is suspended, the Association may terminate the contract, upon notice, effective on the date the manager became unlicensed.
  • Insurance (Section 718.111)

    • The bill requires every condominium association to provide adequate property insurance:
      • The amount of adequate insurance coverage for full insurable value, replacement cost, or similar coverage may be based on the replacement cost of the property to be insured which must be determined at least once every three years.
      • Clarifies the association's obligation to provide adequate insurance coverage for at least three or more community associations may be satisfied by obtaining and maintaining insurance coverage sufficient to cover an amount equal to the probable maximum loss for the communities for a 250-year windstorm event. 
  • Official Records (Section 718.111)

    • The bill adds additional official records requirements and includes:  
      • Minutes of committees;
      • Bank statements and ledgers as official records;
      • Recordings of meetings held by video conference;
      • Video conference recordings must be maintained for at least 1 year after the date the video recording is posted;
      • Affidavits required by ch. 718, F.S., including on the association’s website; and
      • Copies of the most recent annual financial statement and annual budget must be maintained by the Association along with copies of the governing documents.
  • Association's Website (Section 718.111)

    • Must include approved minutes of the board over the preceding 12 months.
    • A video recording or hyperlink to the video for all meetings of the Association, the board, any committee, and the unit owners which are conducted by video conference over the preceding 12 months.
    • Associations must update the association's website within 30 days of receipt of a new official record.
  • Financials/Annual Budget Requirements (Section 718.111)

    • Financial Reporting:
      • Requires that upon receipt of the final annual financial report, notice of a copy must be delivered to the unit owner no later than 180 days after the end of the fiscal year, or has provided in the Bylaws. Evidence of compliance must be made by an affidavit, executed by a director or officer of the Association.
      • Allows the association, as an alternative to delivering the annual financial statement, to provide a notice that the financial report will be mailed, hand delivered, or provided electronically via the Internet as requested by the unit owner; 
      • Clarifies the requirement that a majority of all of the voting interests is required to reduce the type of annual financial reporting – which may not be done for consecutive fiscal years.
    • Investment of Association Funds:
      • Board “must use its best efforts to make prudent investment decisions that consider risk and return in an effort to maximize returns on invested funds.”
      • Associations may invest reserve funds in certificates of deposit, depository accounts at a community bank, savings bank, commercial bank, savings and loan association, or a credit union without a vote of the owners.
    • Budget:
      • Requires associations to simultaneously propose a substitute budget that excludes any discretionary spending if the proposed budget exceeds 115 percent of the assessments of the preceding year.
      • Unit owners must consider and may adopt a substitute budget at the meeting.
      • If the substitute budget is not adopted, the annual budget initially proposed by the board may be adopted.
      • Revises the expenses that associations can exclude when determining whether assessments exceed 115 percent of the assessments of the preceding year by:
        • Excluding required reserves
        • Anticipated expenses for the “repair, maintenance, or replacement” of structural integrity reserve items, and insurance premiums.
        • Removes “assessments for the betterment of the community;” 
      • Reserve item requirements have increased to “replacement cost that exceeds $25,000 or the inflation-adjusted amount determined by the division, whichever is greater."

  • Reserves (Section 719.106)

Relating to maintenance of reserves by condominium and cooperative associations, the bill:

  • Allows the funding of structural integrity reserves by regular assessments, special assessments, lines of credit, or loans; however, a special assessment line of credit, or a loan, for SIRS, requires the approval of a majority vote of the total voting interests of the Association.
  • Associations that are required to have SIRS may secure a line of credit or a loan to fund capital expenses required by a milestone inspection or a SIRS.
    • The line of credit or loan must be sufficient to fund the cumulative amount of any previously waived or unfunded portions of the reserve funding amount and the most recent structural integrity reserve study.
    • Funding must be immediately available for access by the board to fund the required repairs, maintenance, or replacement expenses without further approval by the members of the Association.
    • A special assessment, line of credit or loan and related details must be included on the annual financial statement to be delivered to owners and to be provided to prospective purchasers of a unit.
    • Not applicable to developer-controlled associations, an association in which unit owners have been in control for less than 1 year, or an association controlled by one or more bulk assignees or bulk buyers.
  • If a building is determined to be uninhabitable due to a natural emergency, then the board may pause contribution to its receives or reduce reserve funding until the building is habitable.
  • Reserve item requirements have increased to “replacement cost that exceeds $25,000 or the inflation-adjusted amount determined by the division, whichever is greater.”
  • Allows unit-owner-controlled associations, for a budget adopted on or before December 31, 2028, that have completed the milestone inspection in the previous two years to temporarily pause or reduce reserve contributions for no more than 2 consecutive annual budgets, upon a vote of a majority of the total voting interests, in order to fund needed repairs recommended by the milestone inspection. If an association pauses or reduces reserve funding, it must perform a SIRS before continuing reserve contribution in order to determine the association’s reserve funding needs and to recommend a reserve funding plan.
  • Allows for funding of SIRS reserves by the pooling accounting method and allows boards to change the accounting method for reserves to a pooling accounting method or a straight-line accounting method without a vote of the members.

  • Structural Integrity Reserve Studies (Sections 553.899 and 718.112)

    • Relating to condominium and cooperative associations, the bill: 

      • Revises the requirements for SIRS to apply the requirement to buildings that are three “habitable” stories or more in height.
      • Extends the deadline by which associations existing on or before July 1, 2022, to complete a required SIRS (from December 31, 2024), to December 31, 2025.
      • Requires that the SIRS, include a reserve “baseline” funding plan that ensures the reserve cash balance stays above zero.
      • If SIRS includes an item which does not require reserves by the Association, the number of recommended reserves for such item must be separately identified as an item for which reserves are not required.
      • SIRS must consider funding method used to fund maintenance and reserve obligations through regular assessments, special assessments, lines of credits or loans.
      • SIRS must be updated if alternative funding is obtained and may be updated to reflect change in useful life of reserve items after repair or replacement.
      • An updated SIRS is required before the Association may adopt a budget in which the reserve funding does not align with the funding plan from the most recent version of the SIRS.
      • Allows associations that have completed the required milestone inspection to delay performance of the required SIRS for no more than the two consecutive budget years following a milestone inspection in order to prioritize funding for repairs and maintenance required the milestone inspection.
      • Exempts four-family dwellings with three or fewer habitable stories above ground from the SIRS requirements.
      • Requires officers and directors of associations to sign an affidavit acknowledging receipt of a completed SIRS.
      • Requires the division to adopt by rule the form for the SIRS in coordination with the Florida Building Commission.
  • SIRS Conflicts

    • Any design professional or contractor who bids to perform a SIRS must disclose in writing to the Association any intent o bid on serves related to any maintenance, repair, or replacement that may be recommended by the SIRS.
    • Any design professional or contractor that submits a bid to perform any services recommended by the SIRS may not have an interest in the firm or entity providing the SIRS or be a relative of any person having an interest in such firm.
    • Contract for services is voidable and terminates upon notice by the Association to the design professional or contractor if the interest failed to provide written disclosure.
    • Further, the design professional or contractor may be subject to discipline for failure to disclose.

  • Electronic Voting (Section 718.128)

    • The bill revises electronic voting requirements for condominiums, including requiring the board to adopt a resolution allowing electronic voting if at least 25 percent of the voting interests petition the board to adopt a resolution for electronic voting.
    • Removes 14-day notice of electronic voting resolution adoption.
    • Requires the Association adopt an email address for receipt of electronically transmitted ballots and allows an exemption to secret ballots and transmission electronically, with certain disclosure.

  • Presale Non-Developer Disclosure (Section 718.503)

    • The bill extends the 3-day recission period for condominium sales by non-developer unit owners to 7 days. 
    • Sellers must provide a copy of the most recent year-end financial statement and annual budget.

  • Condos Within a Portion of a Building or Within a Multiple Parcel Building (Section 718.407)

    • The bill revises the provision in section 31 of Chapter 2024-244, Laws of Florida (CS/CS/CS/HB 1021), to provide that provisions related to condominiums within a portion of a building or within a multiple parcel do not apply retroactively and only apply to condominiums for which declarations were initially recorded on or after October 1, 2025. (Section 19, HB 913; Section 31, Ch. 2024-244, Referencing §§ 718.103(14), 718.202(3), 718.407(1), (2), and (6).
    • The bill also provides that a condominium associated created within a portion of a building may inspect and copy the books and records of the owner of the non-condominium portion of the building and that the condominium association must receive a financial report with respect to such costs.

  • Jurisdiction of the Division of Condominiums, Timeshares, and Mobile Homes (Section 718.501)

    • The bill further expands the condominium jurisdiction of the division to include:
      • Completion of milestone inspections;
      • Requirements to maintain insurance and fidelity bonding for persons who disperse funds;
      • Board member education requirements; and 
      • Reporting requirements for SIRS.
  • Reporting Requirement for Condominiums and Cooperatives (Section 718.501)

    • The bill requires condominium and cooperative associations to create an online account with the division and provide specified information by October 1, 2025, and only once per year thereafter, except that contact information must be updated within 30 days of a change. The division must provide associations with at least 45 days to submit the information after the account is established. The information associations may be required to submit includes:
      • Contact information for the association, its members of the board, and its CAM; and 
      • The number of units, age of buildings, and assessments, including the purpose for the assessments.
  • Law Enforcement (Section 914.21)

    • Redefines the term “official investigation” to include official investigations by the division relating to the criminal prohibitions against tampering with, harassing, or retaliating against a witness, victim, or informant. 
  • Additional Provisions

    • Expands the emergency powers of condominium and cooperative associations to require the evacuation of the property in the event of any evacuation order, instead of a mandatory evacuation order.
    • Further provides that an Association is immune from liability or injury to persons or property arising from a unit owners failure or refusal to evacuate the condominium or association property which the board has required evacuation.
    • Revises requirements related to maintenance and hurricane protection to:
      • Unless otherwise provided in the Declaration as originally recorded or as amended, a unit owner is not responsible for removal or reinstallation of hurricane protection, including exterior windows, doors if removal is necessary for maintenance, repair, or replacement of condominium property for which the association is responsible; and
      • Removes requirement that certain charges relating to removal or reinstallation of hurricane protection may be collected as an assessment.

HB 393 (Revisions to “My Safe Florida Condominium Program)

The bill revises provisions of the My Safe Florida Condominium Pilot Program (Program) within the Department of Financial Services to:

  • An Association is not eligible for a grant unless a milestone inspection has been completed and only if windows are common elements of the association.
  • 75 percent approval of unit owners is required to apply for mitigation grants to be used toward the actual cost of a roof or water intrusion mitigation devices or mitigation improvements
  • Exclude detached units on individual parcels of land from the definition of “condominium.”
  • Limit participation in the Program to structures or buildings on the condominium property that are three or more stories in height and contain at least two single-family dwellings.
  • Prohibit an association application for an inspection or mitigation grant unless the windows of the subject property are established as common elements in the declaration and the association has complied with the inspection requirements in ss.
  • Require approval of at least 75 percent of all unit owners who reside within the structure or building that is the subject of the mitigation grant, rather than a unanimous vote of all unit owners.
  • Eliminate the restrictions that limit grant contributions to:
    • For a roof-related project, $11 per square foot multiplied by the roof’s square footage, not to exceed $1,000 per unit, with a maximum grant award of 50 percent of the project’s cost.
    • On an opening protection-related project, a maximum grant award of $750 per window or door, not to exceed $1,500 per unit, with a maximum grant award of 50 percent of the project’s cost.
  • Specify the roof mitigation techniques that may receive a grant award.
  • Require that the improvements must be verified during the final hurricane mitigation inspection to qualify for grant funds.
  • Provide that grant funds may only be used for water intrusion mitigation devices or mitigation improvements that will result in an insurance premium mitigation credit, discount, or other rate differential for the building or structure to which such device or improvement is applied or made.
  • Require that it is a condition of awarding a grant that mitigation improvements be made to all openings if doing so is necessary for the building or structure to qualify for a mitigation credit, discount, or other rate differential.

HB 615 (Landlord/Tenant)

Creates Section 83.505, Florida Statutes

  • The bill (Chapter 2025-16, L.O.F.) allows a landlord or tenant to deliver any notices required by the Florida Residential Landlord and Tenant Act to the other party electronically by e-mail if:
    • The landlord and tenant sign an addendum to the rental agreement agreeing to the electronic delivery of notices; and
    • The landlord and tenant provide a valid e-mail address for this purpose.
  • The bill specifies the form that the landlord or tenant must sign. The form advises the parties that agreeing to the electronic delivery of notices is voluntary and that they may revoke the agreement or update their e-mail addresses at any time.
  • Additionally, notices delivered electronically in accordance with the bill are deemed delivered when sent, unless the e-mail is returned to the sender as undeliverable. The bill does not preclude the service of notices by any other means authorized by law.

SB 948 (Flood Disclosures)

  • The bill requires a landlord of residential rental property or a mobile home park owner to disclose certain information regarding flood risks and past flooding of the property to prospective tenants (§ 83.512(1)).
  • A tenant who does not receive the disclosures and who incurs substantial losses or damages due to flooding may terminate the lease (§ 83.512(2)).
    A tenant may be entitled to refund of advance rents paid if certain conditions are met (§ 83.512(3)).
  • Similarly, the bill requires the developer of a condominium or cooperative to disclose information relating to flood risks and past flooding of the property in a contract for the sale or long-term rental of a condominium or cooperative unit (§ 718.503(1)(a)9).
  • Lastly, the bill expands the flood-related disclosures required under current law that must be provided to a prospective purchaser of residential real property (§ 689.302).
  • The bill requires the seller to disclose whether he or she is aware of any flood damage that occurred during his or her ownership (§ 689.302(1)) and whether he or she has received assistance from any source for flood damage to the property, as opposed to just federal sources (§ 689.302(3)).

If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions take effect October 1, 2025.

ADDITIONAL BILLS PASSED

SB 1730 (Affordable Housing)

  • The bill amends various provisions of the Live Local Act, passed during the 2023 Regular Session, related to the preemption of certain zoning and land use regulations to authorize affordable housing developments. Specifically, the bill:

    • Clarifies the application of the zoning preemption by defining “commercial,” “industrial,” and “mixed-use,” and providing that the preemption applies in areas such as planned unit developments with different zoning (§ 166.04151(7)(n)1-3).
    • Prohibits local governments from requiring transfer of density or development units or amendments to developments of regional impact before allowing development (§ 166.04151(7)(a)).
    • Prohibits local governments from requiring a certain amount of residential usage in mixed-use developments (§ 166.04151(7)(a)).
    • Clarifies the nature of administrative approval of affordable housing developments (§ 166.04151(7)(e)1).
    • Defines a “story” for purposes of municipalities located in an area of critical state concern (§ 166.04151(7)(d)2).
    • Allows local governments to restrict height and regulate architectural design for developments in historic districts for structures listed in the National Register for Historic Places before January 1, 2020 (§ 166.04151(7)(d)3).
    • Requires local governments to administratively approve the demolition of an existing structure associated with a proposed development (§ 166.04151(7)(e)2)
    • Requires local governments to reduce parking requirements by 15 percent, as opposed to “considering” such reduction, as provided in current law (§ 166.04151(7)(f)1).
    • Provides for priority docketing and prevailing party attorneys’ fees and costs, up to $250,000, in lawsuits brought under the Live Local Act (§ 166.04151(7)(l),(m))
    • Authorizes a local government to include an adjacent parcel of land to be included in a project authorized under the Live Local Act (§ 166.04151(7)(k))
    • Provides that the Live Local Act does not apply in the Wekiva Study Area or Everglades Protection Area (§ 166.04151(7)(o)3)
    • Prohibits local governments from enforcing building moratoria that would have the effect of delaying the permitting or construction of affordable housing developments (§ 166.04151(9)(a)) except in certain circumstances.
    • Authorizes civil action for violation of this prohibition, including award of prevailing party attorneys’ fees and costs up to $250,000.
    • Requires annual reporting beginning November 1, 2026, of litigation related to and projects proposed or approved under the Live Local Act (§ 166.04151(10)(a),(a)1)
    • The bill provides that an applicant in the process of utilizing the Live Local Act prior to the amendments may opt to utilize the law as it existed upon their initial application.
    • Outside of the Live Local Act, the bill also authorizes local governments to approve affordable housing development on land owned by a religious institution containing a house of worship regardless of underlying zoning (§ 125.01055(6))
    • The bill enacts a state policy related to support public sector, health care facility, and hospital employer-sponsored housing to meet a federal requirement related to tax-advantaged funding (§ 420.5098(1)).

SB 322 (Squatters)

The bill creates a nonjudicial procedure for a property owner to request that the county sheriff remove an unauthorized person from commercial real property. This procedure is like procedures in existing law for the removal of an unauthorized person from a residential property. The bill, through Section 82.037, also enacts the following measures:

  • It provides that an owner of commercial property may request that the sheriff immediately remove an unauthorized person from the owner’s property.
  • An unauthorized person is someone not authorized to occupy the property who is not a current or former tenant.
  • An owner must contact the sheriff and file a complaint under penalty of perjury listing the relevant facts that show eligibility for relief.
  • If the complaint shows that the owner is eligible for relief and the sheriff can verify ownership of the property, the sheriff must remove the unauthorized person.
  • The property owner must pay the sheriff the civil eviction fee plus an hourly rate if a deputy must stand by and keep the peace while the unauthorized person is removed.
  • A person wrongfully removed pursuant to this procedure has a cause of action against the owner for three times the fair market rent, damages, costs, and attorney fees.
  • Additionally, the bill expands crimes relating to unlawfully occupying a residential dwelling or fraudulently advertising residential property for sale or lease to include commercial properties.
  • The procedures in the bill are like procedures enacted during the 2024 Legislative Session for the removal of an unauthorized person from a residential dwelling. The bill also amends that 2024 enactment to add an express grant of authority to a sheriff to use reasonably necessary force to enter a property and correct a cross-reference.

Conclusion

These new laws create many new challenges for community associations to meet. It is important that community associations stay abreast of the legal and regulatory landscape and to consult with experienced counsel to navigate the myriad requirements that are now imposed upon them.

About Our Author

Tiffany Love is a member of the Corporate Services Practice Group and a Partner in the firm’s Tampa office. Practicing in real estate law, Love advises residential and professional community associations across the state of Florida and represents clients in civil litigation issues related to real estate, involving real property, condominium and homeowner association issues, real estate disputes, foreclosures, insurance disputes, bankruptcy, and collections. 

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