Florida Condo Laws: A Compliance Guide to Chapter 718 (2026 Update)

Following the sweeping legislation of 2024 (specifically House Bill 1021), Florida Condominium Associations have entered a new era of strict regulatory oversight. For boards and managers in 2026, the "transitional" phase is over. These laws are now the standard operating procedure.

Unlike Homeowners' Associations (governed by Chapter 720), Condominium Associations (Chapter 718) face unique challenges regarding structural safety and stricter criminal penalties for board malfeasance.

This guide summarizes the current compliance landscape for Florida Condos.

A. Director Education Requirements

Compliance Status: Mandatory & Recurring

The days of "read the documents and sign a paper" are largely gone. Education is now a recurring obligation.

1. Initial Certification: New directors must complete a 4-hour educational course within 90 days of their election or appointment.

   • Note: The written certification is valid for 1 year from the date of issuance.

2. Continuing Education (CE): Directors are now required to complete at least 1 hour of CE annually to maintain their eligibility.

3. Past Deadline Warning: For directors who were active prior to the 2024 changes, the deadline to complete the initial 4-hour requirement was June 30, 2025. If a sitting director has not met this requirement, they are currently in violation of state statute and may be disqualified from service.
   

B. Board Meetings & Transparency

Compliance Status: Active

Associations must ensure owners have a voice and that meetings are transparent.

1. Quarterly Meetings: Residential condominiums with more than 10 units must hold board meetings at least once per quarter.

2. Owner Participation: The agenda must allow members specifically to ask questions and speak on agenda items.

3. Detailed Agendas: Notices for meetings regarding assessments must be specific—including the estimated cost and the purpose of the assessment.

4. Contract Visibility: If a contract is up for approval, a copy must be provided with the meeting notice and be available for owner inspection.
   

C. Voting Rights

Compliance Status: Active

1. Electronic Voting: Boards must honor a unit owner’s request to vote electronically unless the owner formally opts out.

2. Suspension Protections: You cannot suspend a member's voting rights for nonpayment of fees/fines without providing at least 90 days' notice.
   

D. Official Records & Website Access

Compliance Status: Active

1. Email Privacy: Personal email addresses are official records only if the owner has consented to electronic notice. However, boards are strictly liable for selling or sharing these emails with third parties for non-business purposes.

2. Expanded Records: The list of "official records" now explicitly includes all invoices, transaction receipts, building permits, and board member education certificates.

3. Lost Records: If records are lost or destroyed, the Board is legally obligated to make a "good faith effort" to recover them.

4. Checklists: When an owner requests records, the Association must provide a checklist detailing what was provided and identifying any records that were unavailable.
   

E. Criminal Penalties for Board Members

Compliance Status: Active Enforcement

Chapter 718 now includes "teeth" to punish bad actors.

• Removal from Office: Immediate removal is mandatory for directors charged with ballot forgery, theft, destruction of records, obstruction of justice, or fraudulent voting activities.

• Criminal Charges: It is a criminal offense to:

  • Destroy accounting records to hide evidence.

  • Use a debit card in the Association's name for personal expenses (considered theft).

  • Refuse to produce records to avoid detection of a crime.
    

F. Hurricane Protection

Compliance Status: Active

1. Uniform Specifications: Boards must adopt uniform hurricane protection specifications for the building.

2. Installation Rights: The law clarifies that if the Association installs hurricane protection (e.g., impact glass or shutters), the cost can be assessed to the unit owners, and the Association generally maintains responsibility for the maintenance of these installations if they are considered "common elements" or association property.
   

G. Structural Integrity (SIRS)

Compliance Status: Reporting Phase

The milestones for the Structural Integrity Reserve Study (SIRS) have now passed or are active.

1. Owner Notification: Associations must notify unit owners within 45 days of receiving their SIRS report.

2. State Reporting: Associations must provide the SIRS report to the Division of Florida Condominiums within 45 days of completion.

3. Public Database: As of January 1, 2025, the Division maintains a searchable database of associations that have completed their SIRS. If your association is not on this list, it may be flagged for non-compliance.

4. Exemptions: Inspections are not required for single-family, two-family, three-family, or four-family dwellings with three or fewer habitable stories.
   

H. Owner Protections

Compliance Status: Active

1. Anti-Retaliation: Associations are strictly prohibited from retaliating against owners (via fines or harassment) for complaining or making public statements critical of the Association.

2. Debit Card Ban: The use of an Association debit card for any expense is strictly prohibited to prevent embezzlement.

3. Reserve Pause: If a natural disaster (like a hurricane) renders the building uninhabitable, the Board may temporarily pause reserve funding to focus cash flow on immediate recovery, resuming contributions once the building is habitable.
   

Conclusion

For Florida Condominium Associations in 2026, compliance with Chapter 718 is not optional—it is scrutinized. With the Division of Florida Condominiums now maintaining a database of structural compliance and education, Boards must ensure their records are impeccable.

Need to certify your new directors? Prolicense Florida offers the state-approved 4-Hour Board Certification Course.