S 1498

Florida Senate - 2026  CS for SB 1498
By the Committee on Regulated Industries; and Senators Bradley
and Boyd
580-02459-26  20261498c1
1A bill to be entitled
2An act relating to community associations; amending s.
3718.103, F.S.; revising the definition of the term
4“video conference”; amending s. 718.111, F.S.;
5revising conditions that constitute a violation of
6certain provisions related to certain records of a
7condominium association; requiring a condominium
8association to provide copies of certain records or
9otherwise make them available for inspection and
10copying within a specified timeframe if the
11association receives a subpoena or written request
12from a law enforcement agency or prosecuting agency;
13requiring the association to assist law enforcement or
14prosecuting agencies in their investigations;
15providing criminal penalties; amending s. 718.112,
16F.S.; revising a requirement that a developer, before
17turning over control of a condominium association to
18unit owners, have a turnover inspection report for all
19buildings on the condominium property, rather than
20only for buildings that are three stories or higher;
21revising the criteria for certain associations
22requiring a structural integrity reserve study;
23correcting a cross-reference; amending s. 718.128,
24F.S.; revising how associations that have not adopted
25electronic voting are required to receive
26electronically transmitted ballots; revising the
27methods a unit owner may use to transmit his or her
28ballot; conforming provisions to changes made by the
29act; amending s. 719.106, F.S.; revising a requirement
30that a developer, before turning over control of a
31cooperative association to unit owners, have a
32turnover inspection report for all buildings on the
33cooperative property, rather than only for buildings
34that are three stories or higher; revising the
35criteria for certain associations requiring a
36structural integrity reserve study; amending s.
37720.301, F.S.; revising the definition for the terms
38“common area” and “governing documents”; amending s.
39720.302, F.S.; revising applicability; amending s.
40720.303, F.S.; providing that the official records of
41a homeowners’ association are open to inspection by
42certain persons at all reasonable times; revising
43conditions that constitute a violation of certain
44provisions related to certain records of the
45homeowners’ association; deleting the definition of
46the term “repeatedly”; revising a requirement for an
47association to provide copies of certain records
48within a specified timeframe if it receives a subpoena
49or written request for such records from a law
50enforcement agency or prosecuting agency; providing
51criminal penalties; amending s. 720.305, F.S.;
52revising the parties against whom an action may be
53brought at law or in equity, or both, for
54noncompliance with ch. 720, F.S., to include a
55developer or other owner of a common area; amending s.
56720.307, F.S.; revising the documents a developer must
57deliver to the homeowners’ association board of
58directors within a specified timeframe during the
59transition of association control from the developer
60to the board; amending s. 720.3075, F.S.; revising the
61types of prohibited clauses in homeowners’ association
62documents; amending s. 720.308, F.S.; prohibiting
63assessments payable to the developer or other owner of
64a common area from exceeding a member’s proportional
65share of the expenses set forth in the annual budget
66approved by the association; amending s. 720.3086,
67F.S.; requiring that a specified financial report
68conform to the financial report required by an
69association that serves the residential subdivision;
70requiring that the report be made available upon
71request at no charge; revising the manner in which the
72report is required to be delivered to each lot or
73parcel owner; providing an effective date.
74
75Be It Enacted by the Legislature of the State of Florida:
76
77Section 1. Subsection (33) of section 718.103, Florida
78Statutes, is amended to read:
79718.103 Definitions.—As used in this chapter, the term:
80(33) “Video conference” means a real-time audio- and video
81based meeting between two or more people in different locations
82using video-enabled and audio-enabled devices. The notice for
83any meeting that is open to the unit owners and will be
84conducted by video conference must have a hyperlink and call-in
85conference telephone number for unit owners to attend the
86meeting and must have a physical location where unit owners can
87also attend the meeting in person. All meetings conducted by
88video conference which are open to the unit owners must be
89recorded, and such recording must be maintained as an official
90record of the association.
91Section 2. Paragraph (c) of subsection (12) of section
92718.111, Florida Statutes, is amended to read:
93718.111 The association.—
94(12) OFFICIAL RECORDS.—
95(c)1.a. The official records of the association are open to
96inspection by any association member and any person authorized
97by an association member as a representative of such member at
98all reasonable times. The right to inspect the records includes
99the right to make or obtain copies, at the reasonable expense,
100if any, of the member and of the person authorized by the
101association member as a representative of such member. A renter
102of a unit has a right to inspect and copy only the declaration
103of condominium, the association’s bylaws and rules, and the
104inspection reports described in ss. 553.899 and 718.301(4)(p).
105The association may adopt reasonable rules regarding the
106frequency, time, location, notice, and manner of record
107inspections and copying but may not require a member to
108demonstrate any purpose or state any reason for the inspection.
109The failure of an association to provide the records within 10
110working days after receipt of a written request creates a
111rebuttable presumption that the association willfully failed to
112comply with this paragraph. A unit owner who is denied access to
113official records is entitled to the actual damages or minimum
114damages for the association’s willful failure to comply. Minimum
115damages are $50 per calendar day for up to 10 days, beginning on
116the 11th working day after receipt of the written request. The
117failure to permit inspection entitles any person prevailing in
118an enforcement action to recover reasonable attorney fees from
119the person in control of the records who, directly or
120indirectly, knowingly denied access to the records. If the
121requested records are posted on an association’s website, or are
122available for download through an application on a mobile
123device, the association may fulfill its obligations under this
124paragraph by directing to the website or the application all
125persons authorized to request access.
126b. In response to a written request to inspect records, the
127association must simultaneously provide to the requestor a
128checklist of all records made available for inspection and
129copying. The checklist must also identify any of the
130association’s official records that were not made available to
131the requestor. An association must maintain a checklist provided
132under this sub-subparagraph for 7 years. An association
133delivering a checklist pursuant to this sub-subparagraph creates
134a rebuttable presumption that the association has complied with
135this paragraph.
1362. A director or member of the board or association or a
137community association manager who willfully and knowingly [or]
138[intentionally] violates subparagraph 1. commits a misdemeanor of
139the second degree, punishable as provided in s. 775.082 or s.
140775.083, and must be removed from office and a vacancy declared.
1413. A person who willfully and knowingly or intentionally
142defaces or destroys accounting records that are required by this
143chapter to be maintained during the period for which such
144records are required to be maintained, or who willfully and
145knowingly or intentionally fails to create or maintain
146accounting records that are required to be created or
147maintained, with the intent of causing harm to the association
148or one or more of its members, commits a misdemeanor of the
149first degree, punishable as provided in s. 775.082 or s.
150775.083; is personally subject to a civil penalty pursuant to s.
151718.501(1)(e); and must be removed from office and a vacancy
152declared.
1534. A person who willfully and knowingly [or intentionally]
154refuses to release or otherwise produce association records with
155the intent to avoid or escape detection, arrest, trial, or
156punishment for the commission of a crime, or to assist another
157person with such avoidance or escape, commits a felony of the
158third degree, punishable as provided in s. 775.082, s. 775.083,
159or s. 775.084, and must be removed from office and a vacancy
160declared.
1615. The association shall maintain an adequate number of
162copies of the declaration, articles of incorporation, bylaws,
163and rules, and all amendments to each of the foregoing, as well
164as the question and answer sheet as described in s. 718.504 and
165the most recent annual financial statement and annual budget
166required under this section, on the condominium property to
167ensure their availability to unit owners and prospective
168purchasers, and may charge its actual costs for preparing and
169furnishing these documents to those requesting the documents. An
170association shall allow a member or his or her authorized
171representative to use a portable device, including a smartphone,
172tablet, portable scanner, or any other technology capable of
173scanning or taking photographs, to make an electronic copy of
174the official records in lieu of the association’s providing the
175member or his or her authorized representative with a copy of
176such records. The association may not charge a member or his or
177her authorized representative for the use of a portable device.
178Notwithstanding this paragraph, the following records are not
179accessible to unit owners:
180a. Any record protected by the lawyer-client privilege as
181described in s. 90.502 and any record protected by the work
182product privilege, including a record prepared by an association
183attorney or prepared at the attorney’s express direction, which
184reflects a mental impression, conclusion, litigation strategy,
185or legal theory of the attorney or the association, and which
186was prepared exclusively for civil or criminal litigation or for
187adversarial administrative proceedings, or which was prepared in
188anticipation of such litigation or proceedings until the
189conclusion of the litigation or proceedings.
190b. Information obtained by an association in connection
191with the approval of the lease, sale, or other transfer of a
192unit.
193c. Personnel records of association or management company
194employees, including, but not limited to, disciplinary, payroll,
195health, and insurance records. For purposes of this sub
196subparagraph, the term “personnel records” does not include
197written employment agreements with an association employee or
198management company, or budgetary or financial records that
199indicate the compensation paid to an association employee.
200d. Medical records of unit owners.
201e. Social security numbers, driver license numbers, credit
202card numbers, e-mail addresses, telephone numbers, facsimile
203numbers, emergency contact information, addresses of a unit
204owner other than as provided to fulfill the association’s notice
205requirements, and other personal identifying information of any
206person, excluding the person’s name, unit designation, mailing
207address, property address, and any address, e-mail address, or
208facsimile number provided to the association to fulfill the
209association’s notice requirements. Notwithstanding the
210restrictions in this sub-subparagraph, an association may print
211and distribute to unit owners a directory containing the name,
212unit address, and all telephone numbers of each unit owner.
213However, an owner may exclude his or her telephone numbers from
214the directory by so requesting in writing to the association. An
215owner may consent in writing to the disclosure of other contact
216information described in this sub-subparagraph. The association
217is not liable for the inadvertent disclosure of information that
218is protected under this sub-subparagraph if the information is
219included in an official record of the association and is
220voluntarily provided by an owner and not requested by the
221association.
222f. Electronic security measures that are used by the
223association to safeguard data, including passwords.
224g. The software and operating system used by the
225association which allow the manipulation of data, even if the
226owner owns a copy of the same software used by the association.
227The data is part of the official records of the association.
228h. All affirmative acknowledgments made pursuant to s.
229718.121(4)(c).
2306.a. If an association receives a subpoena or written
231request for records from a law enforcement agency or prosecuting
232agency as defined in 112.531, the association must provide a
233copy of such records or otherwise make the records available for
234inspection and copying to the law enforcement agency or
235prosecuting agency within 5 business days after receipt of the
236subpoena or written request, unless otherwise specified by the
237law enforcement agency, prosecuting agency, or subpoena or
238written request. An association must assist a law enforcement
239agency and a prosecting agency in an investigation to the extent
240permissible by law.
241b. A director or member of the board or association or a
242community association manager who willfully and knowingly fails
243to provide a copy of records, or otherwise fails to make the
244records available for inspection and copying, to a law
245enforcement agency or prosecuting agency as required by sub
246subparagraph a. commits a misdemeanor of the second degree,
247punishable as provided in s. 775.082 or s. 775.083.
248Section 3. Paragraph (g) of subsection (2) of section
249718.112, Florida Statutes, is amended to read:
250718.112 Bylaws.—
251(2) REQUIRED PROVISIONS.—The bylaws shall provide for the
252following and, if they do not do so, shall be deemed to include
253the following:
254(g) Structural integrity reserve study.—
2551. A residential condominium association must have a
256structural integrity reserve study completed at least every 10
257years after the condominium’s creation for each building on the
258condominium property that is three habitable stories or higher
259in height, as determined by the Florida Building Code, which
260includes, at a minimum, a study of the following items as
261related to the structural integrity and safety of the building:
262a. Roof.
263b. Structure, including load-bearing walls and other
264primary structural members and primary structural systems as
265those terms are defined in s. 627.706.
266c. Fireproofing and fire protection systems.
267d. Plumbing.
268e. Electrical systems.
269f. Waterproofing and exterior painting.
270g. Windows and exterior doors.
271h. Any other item that has a deferred maintenance expense
272or replacement cost that exceeds $25,000 or the inflation
273adjusted amount determined by the division under subparagraph
274(f)6., whichever is greater, and the failure to replace or
275maintain such item negatively affects the items listed in sub
276subparagraphs a.-g., as determined by the visual inspection
277portion of the structural integrity reserve study.
2782. A structural integrity reserve study is based on a
279visual inspection of the condominium property.
2803.a. A structural integrity reserve study, including the
281visual inspection portion of the structural integrity reserve
282study, must be performed or verified by an engineer licensed
283under chapter 471, an architect licensed under chapter 481, or a
284person certified as a reserve specialist or professional reserve
285analyst by the Community Associations Institute or the
286Association of Professional Reserve Analysts.
287b. Any design professional as defined in s. 558.002 or any
288contractor licensed under chapter 489 who bids to perform a
289structural integrity reserve study must disclose in writing to
290the association his or her intent to bid on any services related
291to any maintenance, repair, or replacement that may be
292recommended by the structural integrity reserve study. Any
293design professional as defined in s. 558.002 or contractor
294licensed under chapter 489 who submits a bid to the association
295for performing any services recommended by the structural
296integrity reserve study may not have an interest, directly or
297indirectly, in the firm or entity providing the association’s
298structural integrity reserve study or be a relative of any
299person having a direct or indirect interest in such firm, unless
300such relationship is disclosed to the association in writing. As
301used in this section, the term “relative” means a relative
302within the third degree of consanguinity by blood or marriage. A
303contract for services is voidable and terminates upon the
304association filing a written notice terminating the contract if
305the design professional or licensed contractor failed to provide
306the written disclosure of the interests or relationships
307required under this paragraph. A design professional or licensed
308contractor may be subject to discipline under the applicable
309practice act for his or her profession for failure to provide
310the written disclosure of the interests or relationships
311required under this paragraph.
3124.a. At a minimum, a structural integrity reserve study
313must identify each item of the condominium property being
314visually inspected, state the estimated remaining useful life
315and the estimated replacement cost or deferred maintenance
316expense of each item of the condominium property being visually
317inspected, and provide a reserve funding plan or schedule with a
318recommended annual reserve amount that achieves the estimated
319replacement cost or deferred maintenance expense of each item of
320condominium property being visually inspected by the end of the
321estimated remaining useful life of the item. At a minimum, the
322structural integrity reserve study must include a recommendation
323for a reserve funding schedule based on a baseline funding plan
324that provides a reserve funding goal in which the reserve
325funding for each budget year is sufficient to maintain the
326reserve cash balance above zero. The study may recommend other
327types of reserve funding schedules, provided that each
328recommended schedule is sufficient to meet the association’s
329maintenance obligation.
330b. The structural integrity reserve study may recommend
331that reserves do not need to be maintained for any item for
332which an estimate of useful life and an estimate of replacement
333cost cannot be determined, or the study may recommend a deferred
334maintenance expense amount for such item. The structural
335integrity reserve study may recommend that reserves for
336replacement costs do not need to be maintained for any item with
337an estimated remaining useful life of greater than 25 years, but
338the study may recommend a deferred maintenance expense amount
339for such item. If the structural integrity reserve study
340recommends reserves for any item for which reserves are not
341required under this paragraph, the amount of the recommended
342reserves for such item must be separately identified in the
343structural integrity reserve study as an item for which reserves
344are not required under this paragraph.
345c. The structural integrity reserve study must take into
346consideration the funding method or methods used by the
347association to fund its maintenance and reserve funding
348obligations through regular assessments, special assessments,
349lines of credit, or loans. If the structural integrity reserve
350study is performed before the association has approved a special
351assessment or secured a line of credit or a loan, the structural
352integrity reserve study must be updated to reflect the funding
353method selected by the association and its effect on the reserve
354funding schedule, including any anticipated change in the amount
355of regular assessments. The structural integrity reserve study
356may be updated to reflect any changes to the useful life of the
357reserve items after such items are repaired or replaced and the
358effect such repair or replacement will have on the reserve
359funding schedule. The association must obtain an updated
360structural integrity reserve study before adopting any budget in
361which the reserve funding from regular assessments, special
362assessments, lines of credit, or loans does not align with the
363funding plan from the most recent version of the structural
364integrity reserve study.
3655. This paragraph does not apply to buildings less than
366three stories in height; single-family, two-family, three
367family, or four-family dwellings with three or fewer habitable
368stories above ground; any portion or component of a building
369that has not been submitted to the condominium form of
370ownership; or any portion or component of a building that is
371maintained by a party other than the association.
3726. Before a developer turns over control of an association
373to unit owners other than the developer, the developer must have
374a turnover inspection report in compliance with s. 718.301(4)(p)
375and (q) for each building on the condominium property [that is]
376[three stories or higher in height].
3777. Associations existing on or before July 1, 2022, which
378are controlled by unit owners other than the developer, must
379have a structural integrity reserve study completed by December
38031, 2025, for each building on the condominium property that is
381three habitable stories or higher in height. An association that
382is required to complete a milestone inspection in accordance
383with s. 553.899 on or before December 31, 2026, may complete the
384structural integrity reserve study simultaneously with the
385milestone inspection. In no event may the structural integrity
386reserve study be completed after December 31, 2026.
3878. If the milestone inspection required by s. 553.899, or
388an inspection completed for a similar local requirement, was
389performed within the past 5 years and meets the requirements of
390this paragraph, such inspection may be used in place of the
391visual inspection portion of the structural integrity reserve
392study.
3939. If the association completes a milestone inspection
394required by s. 553.899, or an inspection completed for a similar
395local requirement, the association may delay performance of a
396required structural integrity reserve study for no more than the
3972 consecutive budget years immediately following the milestone
398inspection in order to allow the association to focus its
399financial resources on completing the repair and maintenance
400recommendations of the milestone inspection.
40110. If the officers or directors of an association
402willfully and knowingly fail to complete a structural integrity
403reserve study pursuant to this paragraph, such failure is a
404breach of an officer’s or a director’s fiduciary relationship to
405the unit owners under s. 718.111(1). An officer or a director of
406an association must sign an affidavit acknowledging receipt of
407the completed structural integrity reserve study.
40811. Within 45 days after receiving the structural integrity
409reserve study, the association must distribute a copy of the
410study to each unit owner or deliver to each unit owner a notice
411that the completed study is available for inspection and copying
412upon a written request. Distribution of a copy of the study or
413notice must be made by United States mail or personal delivery
414to the mailing address, property address, or any other address
415of the owner provided to fulfill the association’s notice
416requirements under this chapter, or by electronic transmission
417to the e-mail address or facsimile number provided to fulfill
418the association’s notice requirements to unit owners who
419previously consented to receive notice by electronic
420transmission.
42112. Within 45 days after receiving the structural integrity
422reserve study, the association must provide the division with a
423statement indicating that the study was completed and that the
424association provided or made available such study to each unit
425owner in accordance with this section. The statement must be
426provided to the division in the manner established by the
427division using a form posted on the division’s website.
42813. The division shall adopt by rule the form for the
429structural integrity reserve study in coordination with the
430Florida Building Commission.
431Section 4. Subsection (7) of section 718.128, Florida
432Statutes, is amended to read:
433718.128 Electronic voting.—The association may conduct
434elections and other unit owner votes through an Internet-based
435online voting system if a unit owner consents, electronically or
436in writing, to online voting and if the following requirements
437are met:
438(7)(a) Unless the association has adopted electronic voting
439in accordance with subsections (1)-(6), the association must
440designate an e-mail address, independent website, application,
441or Internet web portal for receipt of electronically transmitted
442ballots. Electronically transmitted ballots must meet all the
443requirements of this subsection.
444(b) A unit owner may electronically transmit a ballot to
445the e-mail address, independent website, application, or
446Internet web portal designated by the association without
447complying with s. 718.112(2)(d)3. [s. 718.112(2)(d)4.] or the
448rules providing for the secrecy of ballots adopted by the
449division. The association must count completed ballots that are
450electronically transmitted to the designated e-mail address,
451independent website, application, or Internet web portal
452provided the completed ballots comply with the requirements of
453this subsection.
454(c) A ballot that is electronically transmitted to the
455association must include all of the following:
4561. A space for the unit owner to type in his or her unit
457number.
4582. A space for the unit owner to type in his or her first
459and last name, which also functions as the signature of the unit
460owner for purposes of signing the ballot.
4613. The following statement in capitalized letters and in a
462font size larger than any other font size used in the electronic
463transmission [e-mail] from the association to the unit owner:
464
465WAIVING THE SECRECY OF YOUR BALLOT IS YOUR CHOICE. YOU
466DO NOT HAVE TO WAIVE THE SECRECY OF YOUR BALLOT IN
467ORDER TO VOTE. BY TRANSMITTING YOUR COMPLETED BALLOT
468THROUGH ELECTRONIC MEANS [E-MAIL] TO THE ASSOCIATION,
469YOU WAIVE THE SECRECY OF YOUR COMPLETED BALLOT. IF YOU
470DO NOT WISH TO WAIVE YOUR SECRECY BUT WISH TO
471PARTICIPATE IN THE VOTE THAT IS THE SUBJECT OF THIS
472BALLOT, PLEASE ATTEND THE IN-PERSON MEETING DURING
473WHICH THE MATTER WILL BE VOTED ON.
474
475(d) A unit owner must transmit his or her completed ballot
476to the e-mail address, independent website, application, or
477Internet web portal designated by the association no later than
478the scheduled date and time of the meeting during which the
479matter is being voted on.
480(e) There is a rebuttable presumption that an association
481has reviewed all folders associated with the e-mail address,
482independent website, application, or Internet web portal
483designated by the association to receive ballots if a board
484member, an officer, or an agent of the association, or a manager
485licensed under part VIII of chapter 468, provides a sworn
486affidavit attesting to such review.
487Section 5. Paragraph (k) of subsection (1) of section
488719.106, Florida Statutes, is amended to read:
489719.106 Bylaws; cooperative ownership.—
490(1) MANDATORY PROVISIONS.—The bylaws or other cooperative
491documents shall provide for the following, and if they do not,
492they shall be deemed to include the following:
493(k) Structural integrity reserve study.—
4941. A residential cooperative association must have a
495structural integrity reserve study completed at least every 10
496years for each building on the cooperative property that is
497three habitable stories or higher in height, as determined by
498the Florida Building Code, that includes, at a minimum, a study
499of the following items as related to the structural integrity
500and safety of the building:
501a. Roof.
502b. Structure, including load-bearing walls and other
503primary structural members and primary structural systems as
504those terms are defined in s. 627.706.
505c. Fireproofing and fire protection systems.
506d. Plumbing.
507e. Electrical systems.
508f. Waterproofing and exterior painting.
509g. Windows and exterior doors.
510h. Any other item that has a deferred maintenance expense
511or replacement cost that exceeds $25,000 or the inflation
512adjusted amount determined by the division under subparagraph
513(j)6., whichever is greater, and the failure to replace or
514maintain such item negatively affects the items listed in sub
515subparagraphs a.-g., as determined by the visual inspection
516portion of the structural integrity reserve study.
5172. A structural integrity reserve study is based on a
518visual inspection of the cooperative property.
5193.a. A structural integrity reserve study, including the
520visual inspection portion of the structural integrity reserve
521study, must be performed or verified by an engineer licensed
522under chapter 471, an architect licensed under chapter 481, or a
523person certified as a reserve specialist or professional reserve
524analyst by the Community Associations Institute or the
525Association of Professional Reserve Analysts.
526b. Any design professional as defined in s. 558.002(7) or
527contractor licensed under chapter 489 who bids to perform a
528structural integrity reserve study must disclose in writing to
529the association his or her intent to bid on any services related
530to any maintenance, repair, or replacement that may be
531recommended by the structural integrity reserve study. Any
532design professional as defined in s. 558.002 or contractor
533licensed under chapter 489 who submits a bid to the association
534for performing any services recommended by the structural
535integrity reserve study may not have an interest, directly or
536indirectly, in the firm or entity providing the association’s
537structural integrity reserve study or be a relative of any
538person having a direct or indirect interest in such firm, unless
539such relationship is disclosed to the association in writing. As
540used in this section, the term “relative” means a relative
541within the third degree of consanguinity by blood or marriage. A
542contract for services is voidable and terminates upon the
543association filing a written notice terminating the contract if
544the design professional or licensed contractor failed to provide
545the written disclosure of the relationship required under this
546paragraph. A design professional or licensed contractor may be
547subject to discipline under the applicable practice act for his
548or her profession for failure to provide the written disclosure
549of the relationship required under this subparagraph.
5504.a. At a minimum, a structural integrity reserve study
551must identify each item of the cooperative property being
552visually inspected, state the estimated remaining useful life
553and the estimated replacement cost or deferred maintenance
554expense of each item of the cooperative property being visually
555inspected, and provide a reserve funding schedule with a
556recommended annual reserve amount that achieves the estimated
557replacement cost or deferred maintenance expense of each item of
558cooperative property being visually inspected by the end of the
559estimated remaining useful life of the item. The structural
560integrity reserve study may recommend that reserves do not need
561to be maintained for any item for which an estimate of useful
562life and an estimate of replacement cost cannot be determined,
563or the study may recommend a deferred maintenance expense amount
564for such item. At a minimum, the structural integrity reserve
565study must include a recommendation for a reserve funding
566schedule based on a baseline funding plan that provides a
567reserve funding goal in which the reserve funding for each
568budget year is sufficient to maintain the reserve cash balance
569above zero. The study may recommend other types of reserve
570funding schedules, provided that each recommended schedule is
571sufficient to meet the association’s maintenance obligation.
572b. The structural integrity reserve study may recommend
573that reserves for replacement costs do not need to be maintained
574for any item with an estimated remaining useful life of greater
575than 25 years, but the study may recommend a deferred
576maintenance expense amount for such item. If the structural
577integrity reserve study recommends reserves for any item for
578which reserves are not required under this paragraph, the amount
579of the recommended reserves for such item must be separately
580identified in the structural integrity reserve study as an item
581for which reserves are not required under this paragraph.
582c. The structural integrity reserve study must take into
583consideration the funding method or methods used by the
584association to fund its maintenance and reserve funding
585obligations through regular assessments, special assessments,
586lines of credit, or loans. If the structural integrity reserve
587study is performed before the association has approved a special
588assessment or secured a line of credit or a loan, the structural
589integrity reserve study must be updated to reflect the funding
590method selected by the association and its effect on the reserve
591funding schedule, including any anticipated change in the amount
592of regular assessments. The structural integrity reserve study
593may be updated to reflect any changes to the useful life of the
594reserve items after such items are repaired or replaced, and the
595effect such repair or replacement will have on the reserve
596funding schedule. The association must obtain an updated
597structural integrity reserve study before adopting any budget in
598which the reserve funding from regular assessments, special
599assessments, lines of credit, or loans does not align with the
600funding plan from the most recent version of the structural
601integrity reserve study.
6025. This paragraph does not apply to buildings less than
603three stories in height; single-family, two-family, three
604family, or four-family dwellings with three or fewer habitable
605stories above ground; any portion or component of a building
606that has not been submitted to the cooperative form of
607ownership; or any portion or component of a building that is
608maintained by a party other than the association.
6096. Before a developer turns over control of an association
610to unit owners other than the developer, the developer must have
611a turnover inspection report in compliance with s. 719.301(4)(p)
612and (q) for each building on the cooperative property [that is]
613[three stories or higher in height].
6147. Associations existing on or before July 1, 2022, which
615are controlled by unit owners other than the developer, must
616have a structural integrity reserve study completed by December
61731, 2024, for each building on the cooperative property that is
618three habitable stories or higher in height. An association that
619is required to complete a milestone inspection on or before
620December 31, 2026, in accordance with s. 553.899 may complete
621the structural integrity reserve study simultaneously with the
622milestone inspection. In no event may the structural integrity
623reserve study be completed after December 31, 2026.
6248. If the milestone inspection required by s. 553.899, or
625an inspection completed for a similar local requirement, was
626performed within the past 5 years and meets the requirements of
627this paragraph, such inspection may be used in place of the
628visual inspection portion of the structural integrity reserve
629study.
6309. If the association completes a milestone inspection
631required by s. 553.899, or an inspection completed for a similar
632local requirement, the association may delay performance of a
633required structural integrity reserve study for no more than the
6342 consecutive budget years immediately following the milestone
635inspection in order to allow the association to focus its
636financial resources on completing the repair and maintenance
637recommendations of the milestone inspection.
63810. If the officers or directors of an association
639willfully and knowingly fail to complete a structural integrity
640reserve study pursuant to this paragraph, such failure is a
641breach of an officer’s and director’s fiduciary relationship to
642the unit owners under s. 719.104(9). An officer or a director of
643the association must sign an affidavit acknowledging receipt of
644the completed structural integrity reserve study.
64511. Within 45 days after receiving the structural integrity
646reserve study, the association must distribute a copy of the
647study to each unit owner or deliver to each unit owner a notice
648that the completed study is available for inspection and copying
649upon a written request. Distribution of a copy of the study or
650notice must be made by United States mail or personal delivery
651at the mailing address, property address, or any other address
652of the owner provided to fulfill the association’s notice
653requirements under this chapter, or by electronic transmission
654to the e-mail address or facsimile number provided to fulfill
655the association’s notice requirements to unit owners who
656previously consented to receive notice by electronic
657transmission.
65812. Within 45 days after receiving the structural integrity
659reserve study, the association must provide the division with a
660statement indicating that the study was completed and that the
661association provided or made available such study to each unit
662owner in accordance with this section. Such statement must be
663provided to the division in the manner established by the
664division using a form posted on the division’s website.
66513. The division shall adopt by rule the form for the
666structural integrity reserve study in coordination with the
667Florida Building Commission.
668Section 6. Subsections (2) and (8) of section 720.301,
669Florida Statutes, are amended to read:
670720.301 Definitions.—As used in this chapter, the term:
671(2) “Common area” means all real property within a
672community which is owned or leased by an association or
673dedicated for use or maintenance by the association or its
674members, including, regardless of whether title has been
675conveyed to the association:
676(a) Real property the use of which is dedicated to the
677association or its members by a recorded plat; [or]
678(b) Real property committed by a declaration of covenants
679to be leased or conveyed to the association;
680(c) Real property for which the developer or other owner of
681common areas has required, in the governing documents or
682otherwise, the association or its members to pay assessments or
683amenity fees for use or maintenance; or
684(d) Recreational facilities and other properties serving
685the parcels which the governing documents allow the owner of a
686parcel to access, use, or enjoy as a benefit of parcel
687ownership.
688(8) “Governing documents” means:
689(a) The recorded declaration of covenants for a community
690and all duly adopted and recorded amendments, supplements, and
691recorded exhibits thereto; [and]
692(b) The articles of incorporation and bylaws of the
693homeowners’ association and any duly adopted amendments thereto;
694and
695(c) All covenants running with the land which are binding
696on the association or its members.
697Section 7. Subsection (3) of section 720.302, Florida
698Statutes, is amended to read:
699720.302 Purposes, scope, and application.—
700(3) This chapter does not apply to:
701(a) A community that is composed of property primarily
702intended for commercial, industrial, or other nonresidential
703use; or
704(b) The commercial or industrial parcels in a community
705that contains both residential parcels and parcels intended for
706commercial or industrial use, provided that this paragraph does
707not affect the applicability of this chapter to any residential
708parcel, common area, or the developer or other owner of a common
709area.
710Section 8. Paragraphs (a), (d), and (i) of subsection (5)
711of section 720.303, Florida Statutes, are amended to read:
712720.303 Association powers and duties; meetings of board;
713official records; budgets; financial reporting; association
714funds; recalls.—
715(5) INSPECTION AND COPYING OF RECORDS.—
716(a) The official records of the association are open to
717inspection by any association member and any person authorized
718by an association member as a representative of such member at
719all reasonable times. Unless otherwise provided by law or the
720governing documents of the association, the official records
721must be maintained within this state for at least 7 years and be
722made available to a parcel owner for inspection or photocopying
723within 45 miles of the community or within the county in which
724the association is located within 10 business days after receipt
725by the board or its designee of a written request from the
726parcel owner. This subsection may be complied with by having a
727copy of the official records available for inspection or copying
728in the community or by making the records available to a parcel
729owner electronically via the Internet or by allowing the records
730to be viewed in electronic format on a computer screen and
731printed upon request. If the association has a photocopy machine
732available where the records are maintained, it must provide
733parcel owners with copies on request during the inspection if
734the entire request is limited to no more than 25 pages. An
735association shall allow a member or his or her authorized
736representative to use a portable device, including a smartphone,
737tablet, portable scanner, or any other technology capable of
738scanning or taking photographs, to make an electronic copy of
739the official records in lieu of the association’s providing the
740member or his or her authorized representative with a copy of
741such records. The association may not charge a fee to a member
742or his or her authorized representative for the use of a
743portable device.
744(d) Any director or member of the board or association or a
745community association manager who knowingly and[,] willfully[, and]
746[repeatedly] violates paragraph (a)[, ][with the intent of causing]
747[harm to the association or one or more of its members,] commits a
748misdemeanor of the second degree, punishable as provided in s.
749775.082 or s. 775.083. [For purposes of this paragraph, the term]
750[“repeatedly” means two or more violations within a 12-month]
751[period.]
752(i)1. If an association receives a subpoena or written
753request for records from a law enforcement agency or prosecuting
754agency as defined in 112.531, the association must provide a
755copy of such records or otherwise make the records available for
756inspection and copying to a law enforcement agency or
757prosecuting agency within 5 business days after receipt of the
758subpoena or written request, unless otherwise specified by the
759law enforcement agency, prosecuting agency, or subpoena or
760written request. An association must assist a law enforcement
761agency in its investigation to the extent permissible by law.
7622.A director or member of the board or association or a
763community association manager who willfully and knowingly fails
764to provide a copy of records to a law enforcement agency or
765prosecuting agency,or otherwise fails to make the records
766available for inspection and copying, as required by
767subparagraph 1. commits a misdemeanor of the second degree,
768punishable as provided in s. 775.082 or s. 775.083.
769Section 9. Subsection (1) of section 720.305, Florida
770Statutes, is amended to read:
771720.305 Obligations of members; remedies at law or in
772equity; levy of fines and suspension of use rights.—
773(1) Each member and the member’s tenants, guests, and
774invitees, and each association, are governed by, and must comply
775with, this chapter, the governing documents of the community,
776and the rules of the association. Actions at law or in equity,
777or both, to redress alleged failure or refusal to comply with
778these provisions may be brought by the association or by any
779member against:
780(a) The association;
781(b) A member;
782(c) Any director or officer of an association who willfully
783and knowingly fails to comply with these provisions; [and]
784(d) Any tenants, guests, or invitees occupying a parcel or
785using the common areas; and
786(e) The developer or other owner of a common area,
787regardless of whether the developer or other owner of common
788areas is a member of the association.
789
790The prevailing party in any such litigation is entitled to
791recover reasonable attorney fees and costs. A member prevailing
792in an action between the association and the member under this
793section, in addition to recovering his or her reasonable
794attorney fees, may recover additional amounts as determined by
795the court to be necessary to reimburse the member for his or her
796share of assessments levied by the association to fund its
797expenses of the litigation. This relief does not exclude other
798remedies provided by law. This section does not deprive any
799person of any other available right or remedy.
800Section 10. Paragraphs (a), (k), and (t) of subsection (4)
801of section 720.307, Florida Statutes, are amended to read:
802720.307 Transition of association control in a community.
803With respect to homeowners’ associations:
804(4) At the time the members are entitled to elect at least
805a majority of the board of directors of the homeowners’
806association, the developer shall, at the developer’s expense,
807within no more than 90 days deliver the following documents to
808the board:
809(a) All deeds to common areas [property] owned by the
810association, and for any common area not already titled in the
811association’s name, the developer or other owner of common areas
812shall convey title to the association.
813(k) All tangible property for which [of] the association or
814its members, through assessments or other mandatory payments
815under the governing documents, are responsible for the cost of
816operation and maintenance.
817(t) The financial records, including financial statements
818of the association and common areas, and source documents from
819the incorporation of the association through the date of
820turnover. The records shall be audited by an independent
821certified public accountant for the period from the
822incorporation of the association or from the period covered by
823the last audit, if an audit has been performed for each fiscal
824year since incorporation. All financial statements shall be
825prepared in accordance with generally accepted accounting
826principles and shall be audited in accordance with generally
827accepted auditing standards, as prescribed by the Board of
828Accountancy, pursuant to chapter 473. The certified public
829accountant performing the audit shall examine to the extent
830necessary supporting documents and records, including the cash
831disbursements and related paid invoices to determine if
832expenditures were for association purposes and the billings,
833cash receipts, and related records of the association to
834determine that the developer was charged and paid the proper
835amounts of assessments. This paragraph applies to associations
836with a date of incorporation after December 31, 2007.
837Section 11. Paragraphs (d) and (e) are added to subsection
838(1) of section 720.3075, Florida Statutes, to read:
839720.3075 Prohibited clauses in association documents.—
840(1) It is declared that the public policy of this state
841prohibits the inclusion or enforcement of certain types of
842clauses in homeowners’ association documents, including
843declaration of covenants, articles of incorporation, bylaws, or
844any other document of the association which binds members of the
845association, which either have the effect of or provide that:
846(d) An association or its members are required to payan
847assessment for mandatory membership in a club under the control
848and ownership of the developer or any person other than the
849association, and nonpayment of such mandatory fee is enforceable
850by the developer, or any person other than the association, by a
851lien on any individual parcel.
852(e) An association or any of its members are prohibited or
853restricted from filing or prospectively waiving the ability to
854protest or seek any remedy for a violation of this chapter.
855
856Such clauses are declared null and void as against the public
857policy of this state.
858Section 12. Paragraph (e) is added to subsection (1) of
859section 720.308, Florida Statutes, to read:
860720.308 Assessments and charges.—
861(1) ASSESSMENTS.—For any community created after October 1,
8621995, the governing documents must describe the manner in which
863expenses are shared and specify the member’s proportional share
864thereof.
865(e) Assessments payable to the developer or other owner of
866a common area may not exceed the member’s proportional share of
867the expenses set forth in the annual budget approved by the
868association.
869Section 13. Section 720.3086, Florida Statutes, is amended
870to read:
871720.3086 Financial report.—In a residential subdivision in
872which the owners of lots or parcels must pay mandatory
873maintenance or amenity fees to the subdivision developer or to
874the owners of the common areas, recreational facilities, and
875other properties serving the lots or parcels, the developer or
876owner of such areas, facilities, or properties shall make
877public, within 60 days following the end of each fiscal year, a
878complete financial report of the actual, total receipts of
879mandatory maintenance or amenity fees received by it, and an
880itemized listing of the expenditures made by it from such fees,
881for that year. A financial report required by this section must
882conform to the same type of financial statement that the
883association serving the residential subdivision is required to
884prepare or cause to be prepared under s. 720.303(7)(a). Such
885report and a written notice that a copy of the financial report
886is available upon request at no charge to the parcel owner shall
887be made public by mailing it to each lot or parcel owner in the
888subdivision, by publishing it in a publication regularly
889distributed within the subdivision, and [or] by posting it in
890prominent locations in the subdivision. This section does not
891apply to amounts paid to homeowner associations pursuant to
892chapter 617, chapter 718, chapter 719, chapter 721, or chapter
893723, or to amounts paid to local governmental entities,
894including special districts.
895Section 14. This act shall take effect July 1, 2026.