2025 Community Association Legislative Update

The below summaries provide an overview of the new laws impacting community associations. This summary is for informational purposes only and provides a broad overview of statutory changes affecting community associations. Directors and managers are encouraged to consult legal counsel to determine how these changes may affect their community.
HOUSE BILL 913 – Effective July 1, 2025
Management (§468.432, §468.4335, §468.436, §718.111)
- Managers servicing associations must possess all licenses required by part VIII of chapter 468.
- The board is responsible for ensuring the proper licensing requirements are met before entering into a contract.
- Association may terminate contracts with management through a written notice if their license is suspended or revoked during the term of the contract with the association.
- Bans a person who has had their management license revoked from having direct or indirect interest in or employment at a community association management firm for a 10-years after the effective date of the revocation.
- All licensed management must create and maintain an online licensure account with DBPR, and update it within 30 days of any changes.
- The Department must notify associations and management if a manager’s license is suspended or revoked.
- Prohibits management from knowingly performing acts directed by the association if act violates law.
- Adds mandatory language to management firm service contracts.
- Tightens the definition of conflict of interest for community association managers and firms, including disclosure of financial ties and requiring multiple bids if potential conflicts arise for contracts over a certain dollar value.
- Removes prior requirements to attach conflict contracts to board meeting agendas but adds mandatory inclusion of conflict details in meeting notices.
- Makes contracts voidable if conflict statute is violated.
- Requires each manager to identify on their online license account which management firm and each onsite community they work for.
- Requires management to identify its online licensure account of the managers employed by the firm.
- Expands the definition of a conflict of interest involving managers, firms, officers, and their relatives.
- A rebuttable presumption of conflict exists if management enters into a non-management contract with the association, or has a financial interest or receives compensation from a vendor doing business with the association.
- If a conflicted bid exceeds $2,500, the association must solicit multiple third-party bids, unless disclosure is made in the management services agreement.
- Conflict-related contracts must be disclosed on the board meeting agenda, supported by two-thirds board vote, and disclosed to members at the next regular or special meeting.
- Contracts may be voided if the conflict is not disclosed, through written notice from the board.
Milestone Inspections (§553.899)
- Clarifies what a “habitable” story is as it relates to the mandatory milestone inspection requirement.
- Design professionals and contractors must disclose if they intend to bid on repairs recommended by their own inspection or if they have any ownership or familial ties to the inspection firm.
- Failure to disclose makes contracts voidable and subjects professionals to discipline.
- Expands reporting requirements by local enforcement agencies on buildings subject to milestone inspections, including completion stats, unsafe designations, and administrator license numbers, giving the local enforcement agency a December 31, 2025, deadline.
- Local governments required to adopt ordinances for enforcement for post-inspection repair obligations.
SIRS (§718.112(2)(g))
- Clarifies what a “habitable” story is as it relates to the SIRS requirement.
- Increases the reserve threshold from $10,000 to $25,000 (or an inflation-adjusted amount determined by the Division, whichever is greater) for any deferred maintenance expense or replacement cost item.
- Removes language that a SIRS “may be performed by any person qualified,” specifying all portions of the study must be performed by a licensed engineer, licensed architect or a person certified as a reserve specialist or professional reserve analyst.
- Any design professional or licensed contractor who bids to perform a SIRS must disclose in writing to the association if they intend to bid on any follow-up services related to maintenance, repair, or replacement recommended by the SIRS.
- These professionals cannot have a direct or indirect ownership interest or be related (within the third degree by blood or marriage) to anyone with an ownership interest in the firm performing the SIRS, unless fully disclosed in writing.
- At a minimum, the SIRS must include a recommended funding schedule ensuring the reserve cash balance stays above zero for each year.
- Any recommended reserves for non-SIRS items must be separately identified in the SIRS.
- SIRS must take into consideration the funding methods used to fund maintenance/reserve funding obligations.
- If the association plans to use special assessments, loans, or credit lines, the SIRS must be updated to reflect how these funding sources impact reserve funding schedules.
- If the association has completed repairs or replacements, the SIRS can be updated to reflect changes in useful life or funding needs.
- Associations must update the SIRS before adopting any budget if the funding sources deviate from the plan outlined in the most recent SIRS.
- For associations existing before July 1, 2022, the initial SIRS must be completed by December 31, 2025, unless coordinated with a milestone inspection.
- Associations may delay performance of a required SIRS for no more than 2 consecutive budget years immediately following a milestone inspection to allow association to focus on completing repairs/maintenance recommendations of the milestone inspection.
- Officers and directors must sign an affidavit acknowledging receipt of the completed SIRS.
- Division shall adopt by rule the form for the SIRS in coordination with the Florida Building Commission.
Meetings & Video Conferencing in Condominiums (§718.103, §718.110(4)(6), §718.112)
- Defines “video conferencing” as “a real-time audio and video-based meeting between two or more people in different locations using video-enabled and audio-enabled devices.”
- Board meetings can be conducted in person or by video conferencing.
- The division must adopt rules governing certain requirements for meetings.
- Notice for meetings using video conferencing must include a hyperlink and call-in number and must provide physical location for owners to attend in person.
- All meetings conducted in this format must be recorded, and such recording must be maintained as an official record of the association.
- After July 1, 2025, clarifies that amendments to change size, materially alter appurtenances to unit or change proportion/percentage by which the unit owner shares common expenses need to be approved by affected owners and lienors.
- Unit owner meetings must be held within 15 miles of the condominium property or within the same county as the condominium property.
- Owner and annual meetings may be conducted via video conferencing. However, a quorum of the board must be physically present at the physical location where unit owners can attend.
- Meetings at which a proposed annual budget will be considered may be conducted via video conference and must use a sound transmitting device so that conversation may be heard both virtual and in person attendees.
Electronic Voting (§718.128)
- If at least 25% of voting interests petition the board to adopt electronic voting for the next election, the board must hold a meeting within 21 days to adopt the resolution.
- The board must receive the petition within 180 days after the last scheduled annual meeting.
- If no formal e-voting system is adopted, associations must designate an official email address to receive electronic ballots.
- Unit owners can send ballots to this address without following formal secrecy rules under s. 718.112(2)(d)4.
- Electronically transmitted ballots must include:
- Unit number.
- First and last name (serving as the signature).
- A prominent waiver statement, warning the owner they waive ballot secrecy by voting via email and offering the option to vote in person if they wish to retain secrecy.
- Ballots must be emailed before the scheduled date and time of the meeting where the vote occurs.
- There is a rebuttable presumption that the association has reviewed all folders tied to the designated email address if a board member, officer, manager, or agent provides a sworn affidavit attesting to the review.
Budget & Reserves (§718.112(2)(f))
- Increases the reserve threshold from $10,000 to $25,000 for any deferred maintenance expense or replacement cost item.
- Proposed annual budgets exceeding 115% of assessments for the preceding fiscal year must also simultaneously include a substitute budget for consideration that does not include any discretionary expenditures not required to be in the budget.
- Allows associations who vote to terminate the condominium to vote to waive the maintenance of reserves recommended by the association’s most recent SIRS.
- Reserves for items may be funded by regular assessments, special assessments, lines of credit, or loans.
- The above reserve funding methods require a majority vote of the association’s total voting interests.
- Unit-owner-controlled associations required to complete a SIRS may secure a loan to fund capital expenses required by a milestone inspection or SIRS.
- Funding must be sufficient to fund the cumulative amount of any previously waiver or unfunded portions of the required reserve funding amount.
- Funding must be immediately available for access by the board to fund the repair, maintenance or replacement expense without further approval by association members.
- Must be included in the required annual financial statement.
- Does not apply to developer-controlled associations in which the non-developer unit owners have been in control for less than 1 year, or an association controlled by bulk assignees/buyers.
- Boards no longer need approval of a majority of its members to reduce or pause funding to its reserves if local building officials determine the building is uninhabitable.
- For budgets adopted on or before December 31, 2028, if the association has completed a milestone inspection within the previous 2 calendar years, the board may temporarily pause or reduce the amount of reserve funding to fund repairs recommended by milestone inspection.
- Must have approval of a majority of the association’s total voting interests.
- Cannot exceed more than two consecutive annual budgets.
- Does not apply to a developer-controlled association, associations in which the non-developer unit owners have been in control for less than 1 year, or an association controlled by bulk assignees/buyers.
- Associations that have paused reserve contributions must have a SIRS performed before the continuation of reserve contributions to determine the association’s reserve funding needs.
- Reserve accounts may be pooled for two or more required components.
- Reserve funding for SIRS components can only be pooled with other SIRS components.
- Reserve funding in proposed annual budget must be sufficient to ensure available funds meet or exceed projected expenses for all components in reserve pool based on the reserve funding plan or schedule of the most recent SIRS.
- Vote not required for board to change the accounting method for reserves to a pooling or straight-line method.
Official Records (§718.111(12))
- Expands official records list to include video conferencing meetings where there were approved meetings minutes, which must be maintained for 1 year after the recording is posted.
- Adds bank statements and ledgers, and all affidavits.
- Unless a shorter period is required, associations required to have a website must post records within 30 days of receipt or creation.
- Associations must also maintain adequate of copies of the most recent financial statement and annual budget.
Financial Reporting (§718.111(13))
- Changes financial reporting delivery requirement to owners from “no later than 120 days” to “180 days.”
- Reporting to owners now includes by email.
- Officers or directors must sign affidavits certifying compliance with record delivery requirements.
- If approved by a majority vote of all voting interests, associations may prepare certain financial reports.
- Financial reports must now include information on loans, special assessments, and whether funding aligns with the reserve study.
Investment of Association Funds (§718.111(16))
- Boards must use its best efforts in investment decisions.
- The board must carefully consider risk and return to maximize returns on invested funds while safeguarding association assets.
- Associations, including multi-condominium associations, are allowed to invest reserve funds in one or any combination of: Certificates of deposit (CDs), depository accounts at community banks, savings banks, commercial banks, savings and loan associations, or credit unions.
- Associations can invest in the above vehicles without a vote of the unit owners.
Condominium Insurance (§718.111(11))
- Every condominium association must maintain “adequate property insurance,” defined based on replacement cost as determined by an independent appraisal.
- Replacement cost must be determined at least once every three years.
- Associations no longer need to meet prior specific itemized coverage mandates.
Hurricane Protections (§718.113(5)(d))
- Unless otherwise provided in the declaration of condominium, a unit owner is not responsible for cost of removal or reinstallation of hurricane protection if its removal is necessary for the maintenance, repair or replacement of other condominium or association property for which the association is responsible.
- Clarifies that the board must decide who is responsible for the costs of removing or reinstalling hurricane protection if the declaration as originally recorded, or as amended, does not specify who is responsible.
Division of Condominiums (s.718.407, §718.501))
- Within 60 days after the fiscal year ends, any owner of part of a building not under condominium ownership must provide the association with a complete financial report detailing all shared facility maintenance and operating costs, including copies of all receipts and invoices.
- If the owner fails to provide the report and supporting documents within 60 days, the Division has authority to impose penalties and enforce compliance.
- Within 60 days after receiving the complete financial report, the condominium may challenge how shared facility costs are apportioned.
- DBPR has jurisdiction to review additional records and investigate complaints related to such records, including completion of repairs required by milestone inspection, requirement for associations to maintain insurance policy/fidelity bonding for individuals controlling or dispersing association funds, etc.
- Requires associations to maintain an online account with DBPR by October 1, 2025.
- Information required may include:
- contact information for directors and managers.
- Hyperlink to website.
- Total number of buildings.
- Information on association assessments.
- Name of association’s financial institutions.
- Copy or SIRS and any associated materials.
- DBPR may require for associations to provide information no more than once a year.
- The DBPR may adopt rules to implement this subsection as needed.
HOUSE BILL 393 – Effective July 1, 2025
My Safe Florida Condominium Pilot Program (§215.55871)
- Excludes detached units on individual parcels of land from the program.
- Prohibits a condominium association from applying for an inspection or grant unless the association has complied with the milestone inspection requirements and structural integrity reserve requirements.
- Prohibits a condominium association from applying for an inspection or grant if the windows are not common elements.
- Lowers the threshold for unit owners to approve the application for the grant to 75 percent of all unit owners who reside within the structure. Previously 100 percent approval was required.
- Clarifies that all grants under the program must be matched on the basis of $1 provided by the association for every $2 provided by the state towards the actual cost of the project.
- Requires improvements to be identified in the final hurricane mitigation inspection in order for an association to receive grant funds.
- Grant funds may only be awarded for a mitigation improvement that will result in a mitigation credit, discount, or other rate differential for the building or structure to which the improvement is made.
- As a condition of awarding a grant, the department must require mitigation improvements to be made to all openings, including exterior doors, garage doors, windows, and skylights, if doing so is necessary for the building or structure to qualify for a mitigation credit, discount, or other rate differential.
SENATE BILL 948 – Effective October 1, 2025
Flood Disclosures (§83.152, §718.503)
- Developers must disclose information relating to flood risks in a contract for the sale or long-term rental of condominium or cooperative unit.
- Requires a landlord of residential rental property to disclose certain information regarding the property and flood risks to prospective tenants.
- A tenant who does not receive the disclosures and who incurs substantial losses or damages due to flooding may terminate the lease and is entitled to refund of advance rents paid.
- Requires sellers to disclose whether he or she is aware of any flood damage that occurred during his or her ownership.