The Association Advocate - Florida HOA and Community Association Newsletter

Board Tip: The Importance of Legal Review Before Signing Vendor Contracts

One of the most effective steps a community association board can take to protect the Association from costly litigation is to request legal review of contracts before engagement with vendors and service providers. While this may seem like an added expense or an unnecessary delay, the potential consequences of entering into a poorly drafted agreement far outweigh the business cost of having legal counsel review the terms before the Association is bound.

A common issue our firm encounters is associations that have engaged vendors based solely on an "estimate" rather than a formalized contract. While estimates serve a useful purpose in providing pricing information, they are not designed to function as binding agreements and typically lack the protective provisions that a well-drafted contract would contain. When disputes arise - whether over scope of work, quality of performance, payment terms, or timelines - the absence of clear contractual language leaves the Association vulnerable and with much more limited legal recourse.

Estimates generally do not include important protections such as indemnification clauses, insurance requirements, limitation of liability provisions, warranty terms, dispute resolution mechanisms, or clear termination rights. Without these safeguards, the Association may find itself exposed to significant liability or unable to hold a vendor accountable for substandard work. Additionally, vague language regarding the scope of services can lead to misunderstandings about what is included in the quoted price, often resulting in unexpected charges or incomplete projects.

Boards may like to establish a policy requiring legal review of any vendor contract above a certain dollar threshold or involving services that carry inherent risk, such as construction, landscaping, or maintenance work. By investing in this preventive measure, associations can ensure that their agreements contain appropriate protections, clearly define the parties' obligations, and provide enforceable remedies in the event of a breach. A small investment in legal review today can prevent a significant legal expense tomorrow.

2026 Florida Preliminary Legislative Update:

The 2026 Florida legislative session concluded on March 14 with fewer sweeping changes to HOA and condominium law than in recent years. After several sessions of significant reforms - particularly impacting condominium safety, governance, and financial transparency—this year’s activity was comparatively measured.

Major Reform Bills Did Not Pass

Two high-profile bills that may have significantly altered association governance ultimately failed to advance:

• HB 657 – “HOA Killer Bill” (Did Not Pass)
  Would have allowed homeowners, under certain conditions, to vote to dissolve their HOA and included broader governance reforms.
• HB 465 – Community Association Governance Proposal (Did Not Pass)
  Proposed expanded regulatory oversight and enhanced dispute resolution mechanisms. 

Looking Ahead

Boards and managers should expect continued attention in areas such as:

• Governance and board accountability 
• Dispute resolution processes 
• Regulatory oversight 
• Ongoing condominium safety and financial requirements 

Our team will continue to monitor other legislative developments closely. 

Although the 2026 session did not introduce major new regulatory requirements, it reflects a pause following several years of significant reform. Legislative attention on governance, transparency, dispute resolution, and condominium safety is expected to continue in future sessions. 

Modified Phase III “Extreme” Water Shortage Declared — What Condominium and Homeowners Associations Need to Know

On March 24, 2026, the Southwest Florida Water Management District Governing Board declared a Modified Phase III “Extreme” Water Shortage due to ongoing drought conditions throughout the region.  The Phase III Water Shortage Order No. SWF 25-015 (the “Phase III Order”) restrictions are set forth in Florida Administrative Code 40D-21.641 and take effect April 3, 2026, through July 1, 2026. The Phase III Order restrictions apply to the following localities: 

The Phase III Order contains key restrictions impacting condominium associations and homeowners associations.

Of particular importance, the Phase III Order prohibits associations from enforcing any deed restrictions or community standards which would require an increase in water use. In other words, from April 3, 2026, through July 1, 2026, associations and their management companies must suspend any enforcement of requirements for replacing landscaping or pressure washing for aesthetic purposes.

Phase Order III also sets forth several restrictions impacting residential water usage. Associations should be aware of the following restrictions and communicate the following restrictions to all residents, management, vendors, and on-site staff to ensure compliance: 

• Lawn and Landscape Watering Restrictions. Lawn and landscape watering is limited to once-per-week, with additional restrictions on the permissible time and day of the week for watering.
  • Time Restrictions. Unless your city or county has stricter hours in effect, watering hours are reduced as follows, depending on the size of your lot:
    • Properties less than 1 acre: either between 12:01 a.m. to 4:00 a.m., or between  8:00 p.m. to 11:59 p.m.
    • Properties 1 acre or larger: only water before 4:00 a.m. and after 8:00 p.m.
  • Day of the Week Restrictions. Unless your city or county has a different schedule, watering is permitted only on the following day of the week, depending on your address. For addresses ending in:
    • 0 or 1: only water on Mondays
    • 2 or 3: only water on Tuesdays
    • 4 or 5: only water on Wednesdays
    • 6 or 7: only water on Thursdays
    • 8 or 9: only water on Fridays
    • Locations with a mix of addresses or for which an address cannot be determined (i.e., common areas): only water on Fridays.
  • Plant Watering. Low-volume watering of plants and shrubs (micro-irrigation, soaker hoses, hand watering) is allowed any day but is limited to before 8:00 a.m. or after 6:00 p.m.
  • Pressure Washing. Pressure washing is not allowed if only for purposes of complying with an Association’s aesthetic standards. Pressure washing is allowed only:
    • In preparation for painting and sealing;
    • To maintain a warranty;
    • To remove mold, mildew, and other potentially hazardous material that cannot be removed by mechanical means.
  • Fountains. Aesthetic fountains and other water features may only operate four (4) hours per day.
  • Vehicle Washing. Residential car washing is only allowed on the resident’s designated lawn watering day, and the residents must use a hose with a shutoff nozzle.