Following the devastating collapse of Champlain Towers South in 2021, Florida has undertaken the most sweeping condo safety reforms in the state’s history. These new regulations, while aimed at preventing another tragedy, have also placed significant financial burdens on condo associations and unit owners, raising concerns about affordability, property values, and legal exposure. The key changes revolve around mandatory structural inspections and reserve funding requirements. Under the new laws, any condo building over 30 years old (or 25 years if near the coast) must undergo a milestone inspection conducted by licensed engineers. These inspections assess the structural integrity of a building, identifying potential safety hazards before they become catastrophic. Additionally, the state now requires structural integrity reserve studies, forcing associations to fully fund reserves for critical repairs—a stark departure from previous practices where boards could waive or underfund reserves to keep costs low. While these measures undeniably enhance resident safety, they come with a hefty price tag. Many older condos are now facing massive special assessments to cover repair costs and reserve funding, leaving some unit owners unable to afford staying in their own homes. This has led to increased litigation as residents challenge assessments, question management decisions, and seek financial alternatives. Furthermore, the new laws are accelerating a shift in the Florida condo market. Some buildings that cannot afford to comply are being sold to developers, particularly in high-demand coastal areas where land values are skyrocketing. This is triggering a wave of condo terminations, where older buildings are demolished and replaced with new high-end developments—essentially displacing longtime residents who cannot afford to buy back in. The state now faces a difficult balancing act: ensuring building safety while preventing financial devastation for condo owners. While lawmakers have provided some funding assistance, it is not nearly enough to cover the full scope of the required repairs statewide. Moving forward, policymakers must explore additional financial relief options, such as state-backed low-interest loans or grants for struggling condo associations, to prevent widespread displacement. For Florida property owners, these reforms represent a new era of heightened accountability and cost management. Condo associations must now prioritize...

Florida’s homeowners’ associations (HOAs) and condominium boards are at the center of a legal transformation. Over the past few years, Tallahassee has enacted significant legislative changes aimed at increasing transparency, financial responsibility, and structural integrity within community associations. These new regulations, while designed to protect residents, also present new challenges for board members and property managers. One of the most impactful changes has been the mandatory structural inspections and financial reserve requirements for condominiums. After the tragic collapse of Champlain Towers South in Surfside, state lawmakers enacted strict rules requiring older buildings to undergo milestone inspections and structural integrity reserve studies. This means that many associations, which previously deferred maintenance due to cost concerns, are now required to set aside funds and make repairs – whether owners are financially prepared or not. The result? A wave of special assessments that have left many condo owners struggling to afford the increased costs of living in their own homes. Beyond safety, legislative efforts have also targeted HOA governance and financial accountability. New laws have imposed stricter reporting requirements, limited conflicts of interest, and increased penalties for mismanagement. While these measures aim to curb corruption and negligence, they also create administrative burdens for volunteer board members, many of whom lack legal or financial expertise. As a result, we are seeing a surge in professional management company contracts, which can drive up operational costs for associations. Moreover, Florida’s courts are now handling an increasing number of disputes between HOAs and homeowners, particularly over fee collections, election procedures, and architectural restrictions. With more legal scrutiny on association decisions, it is essential for board members to operate with transparency, seek legal guidance, and communicate clearly with residents. As these legal changes take full effect, the future of Florida’s community associations will likely depend on finding a balance between regulatory compliance and financial sustainability. The best-prepared HOAs will be those that proactively engage with legal professionals, update their governing documents, and implement best practices in financial planning. Otherwise, they risk legal disputes, financial shortfalls, and homeowner dissatisfaction – challenges that no association can afford to ignore. Peter S....

As a veteran real estate and community association attorney with decades of experience, I’ve witnessed the transformative impact of legislation on our housing markets. Florida’s recent condominium safety regulations, born from the tragic collapse of the Champlain Towers South, are well-intentioned measures aimed at ensuring structural integrity and protecting lives. However, their unintended consequences are creating a crisis that disproportionately impacts older residents in Palm Beach County—and the ripple effects could reshape the region’s economic landscape. The regulations mandate milestone inspections for older buildings and require full funding of reserves for critical repairs. While these measures are critical for safety, they come at a steep financial cost. For older condos, many of which were built decades ago with minimal available reserve funds, compliance often necessitates significant monthly or quarterly fee increases or hefty special assessments. For retirees living on fixed incomes, this new financial burden is untenable. In Palm Beach County, where many condominium residents are retirees who moved here for an affordable, sunny lifestyle, these new costs have forced a wave of sales—many under duress. Owners are being priced out of their own homes, unable to cover mounting repair bills. Economic and Community Impacts At first glance, one might assume this turnover presents opportunities for real estate developers to revitalize older buildings or construct new ones. But the forced displacement of older residents has economic and social consequences that extend beyond individual hardship. Loss of Affordable Housing: Many older condos serve as de facto affordable housing for middle-income retirees. As these properties are sold and redeveloped into high-end units to recoup costs, the county’s stock of affordable housing shrinks further, leaving few options for fixed-income residents.Disruption of Community Fabric: Long-term residents contribute stability and character to communities. Their forced departure erodes the sense of community, transforming once-tight-knit neighborhoods into transient spaces dominated by seasonal or investment buyers.Economic Displacement: Older residents, who support local businesses and services year-round, are being replaced by higher-income seasonal residents. While this shift may initially seem like an economic boon, the loss of steady, year-round consumers can harm small businesses and disrupt the local economy.Stagnant Redevelopment:...

As we usher in 2025, Florida's condominium landscape is undergoing significant transformation due to new safety regulations enacted in response to the tragic Champlain Towers South collapse in Surfside. These laws, designed to enhance building safety and ensure structural integrity, mandate that condominium associations maintain adequate reserves for major repairs and conduct regular structural inspections. While the intent is undeniably noble, the implementation has introduced substantial financial challenges for many condo owners and associations across the state. The legislation requires associations to conduct milestone structural inspections for buildings three stories or higher, with initial inspections having been due by December 31, 2024. Additionally, associations must perform Structural Integrity Reserve Studies (SIRS) to assess and fully fund reserves for critical structural components. These measures aim to prevent future tragedies by ensuring timely maintenance and repairs often lacking in the past.  However, the financial implications are profound. Many associations, particularly those managing older buildings, are facing the necessity of imposing significant monthly or quarterly fee increases or special assessments to comply with the new requirements. For instance, residents of Springbrook Gardens in Fort Lauderdale Beach were compelled to sell their units after being unable to meet a $4.5 million repair bill to shore up the building's foundation.  This scenario is not isolated. Condo owners statewide are grappling with rising maintenance fees, insurance premiums, and taxes, leading to a surge in older units being put up for sale. The increased financial burden is particularly strenuous for retirees and individuals on fixed incomes, raising concerns about affordability and the potential displacement of long-term residents.  While the safety of residents is paramount, it's crucial to recognize the economic strain these regulations impose. A more nuanced approach, considering the age, location, and financial capacity of each condominium association, might mitigate some of the adverse effects. Flexibility in implementation timelines and financial assistance programs may provide relief to those most affected. Moreover, transparency and communication between condo boards and unit owners are essential. Associations should engage owners in open dialogues about upcoming inspections, necessary repairs, and the financial strategies to address them. This collaborative approach can foster trust...

We recently wrote an article discussing the need for individual homeowners’ insurance even if you have paid off your mortgage. The prior article was specifically focused on single family homes. This article discusses the specific, detailed statutory requirement for condominium association required insurance, leaving for owners of condominium units the option to insure anything in the individual unit. In many ways, the obligations for insuring condominium units are very clear, as the Condominium Act, Chapter 718, outlines the insurance requirements of the condominium association thereby leaving property outside of the association requirements for the individual condo owner to insure. Specifically, Florida Statute 718.111(11) provides that a condominium association must obtain and maintain “[a]dequate property insurance, regardless of any requirement in the declaration of condominium for coverage by the association for full insurable value, replacement cost, or similar coverage[…]”  The computation of the amount of coverage “[…]must be based on the replacement cost of the property to be insured as determined by an independent insurance appraisal or update of a prior appraisal. The replacement cost must be determined at least once every 36 months.” While the Board of Directors has flexibility in determining items like premiums and deductibles, the statute goes on to state that the coverage must include: 1. All portions of the condominium property as originally installed or replacement of like kind and quality, in accordance with the original plans and specifications.  2. All alterations or additions made to the condominium property or association property pursuant to s. 718.113(2). Interestingly, the statute further goes on to list the items of property that the association’s insurance coverage MAY NOT include:  The coverage must exclude all personal property within the unit or limited common elements, and floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit. Such property and any insurance thereupon is the responsibility of the unit owner. As a result, each unit owner...

Homeowners’ and condominium associations play a crucial role in maintaining the harmony and value of residential communities. A common question that arises is whether these associations can adopt amendments that change the leasing rights of owners within the community. Let’s delve into the specifics according to Florida law. Homeowners’ Associations and Leasing Amendments  Chapter 720 of the Florida Statutes is called the Florida Homeowners’ Association Act. This law was amended in 2021 to address amendments that regulate the leasing of “parcels” within a homeowners’ association. Typically, the parcel is the home and the land the home sits on, and usually other improved or unimproved portions of lots. A new Section 720.306(1)(h) was added, which says that any amendment to the homeowners’ association’s governing documents, adopted after July 1, 2021, that prohibits or regulates rental agreements, only applies to a parcel owner that acquires title to their parcel after the effective date of the amendment, or to a parcel owner who consents to the amendment. However, this restriction does not apply to amendments which regulate or prohibit rental agreements for terms of 6 months or less. Further, amendments that prohibit the rental of parcels for more than 3 times in a calendar year also apply to all parcel owners. Homeowners’ associations continue to have the ability to adopt amendments that regulate or prohibit leases of 6 months or less, and still have the ability to adopt amendments which prohibit leasing more than 3 times in a calendar year. Condominium Associations and Leasing Amendments  For condominiums, Section 718.110(13) of the Florida Condominium Act states that any amendment which prohibits a unit owner from leasing their unit, alters the duration of the rental term, or limits the number of times an owner may rent their unit during a specified period, only applies to those owners who take title after the effective date of the amendment, or those owners who consent to the amendment. There is no 6-month/3 times per year exception in the Condominium Act. Florida Senate Bill 280  During the 2024 Florida legislative session, CS/SB 280 was passed by the Florida Legislature. This...

Last year, there was a disturbing trend of confrontation – some of which even became violent between condominium owners or homeowners, and their association board members. From our own back yard to across the globe, there were several instances of multi-family housing residents whose disputes were bad enough to make the news. This should be unacceptable – and more importantly – avoidable. To prevent physical altercations like these from happening, we offer the following advice: Avoid Confrontation  Remember, you’re only a board member while you are attending a board meeting, and nowhere else. When you’re walking around the halls of the community or when you are at the pool, you are not. You are not conducting board business and therefore, you don't have any obligation to respond to questions or concerns. If you are confronted by an owner outside of a board meeting, we recommend acknowledging their concern, then asking them to submit it in writing to the property manager so it may be addressed at the next board meeting.  Conflict Resolution In a homeowner’s association, before most covenant disputes can be litigated in a court of law, the owner or the association must first make a written demand for pre-suit mediation. This requires both parties to agree to a mediator and to meet and discuss a formal resolution before it turns into an expensive and time-consuming lawsuit. The job of the mediator is to facilitate a resolution that each side can live with. Absent a meditated resolution, either party may then file suit in a court of law. As for condominiums, condo owners and the association have the right to either engage in pre-suit mediation for most covenant disputes or to demand non-binding arbitration, a process more akin to litigation that is heard before an arbitrator appointed by the state agency that governs condominiums. If a party is not satisfied with the arbitrator’s decision, they may timely file a lawsuit to have the matter litigated in a court of law. When there is a dispute in an HOA between an association and a resident, the association may file a demand that the homeowner...

Today we'll discuss an important topic that seems to be inquired about often regarding community associations governance in Florida - and that topic is closed board of directors’ meetings. An important aspect of the board of directors’ role in governing an association—whether it is a condominium association or homeowners association—is transparency.  The residents of an association want to be able to trust the actions of the board and have a system that ensures accountability.  Accordingly, board meetings are, for the most part, open to members of the association.  However, there are circumstances where closed board meetings, which are not open to the members, are required.  Closed board meetings are a common practice in community associations, but when are they appropriate? Closed board meetings are gatherings of the directors where only board members are present to discuss sensitive or confidential matters affecting the association. In Florida, the law provides when an association’s board can close its meetings to homeowners.  Generally closed meetings are allowed in two situations: those involving legal matters and personnel issues.  The reasons for these particular two subjects to be addressed in closed meetings make sense. Legal matters include items such as pending litigation or consultation with attorneys.  When these matters are discussed at a meeting, the association’s counsel should be present.  Consultations with attorneys often involve the exchange of privileged and confidential information to protect the association’s interests.  Allowing access to others outside the board could result in the inappropriate disclosure of protected information, for example, if such meetings were open that information could be disclosed to those whose interests are potentially adverse to the association. The second subject appropriate for closed meetings is personnel matters. This is logical because discussions concerning an association’s employee’s performance or the need for disciplinary actions should be held in closed sessions in the interests of privacy and fairness. While closed meetings are necessary at times, transparency and accountability are still vital. Even in closed meetings, proper notice under Florida law that there will be a meeting must be provided to the membership and the decisions made in closed sessions should be...

From time to time, an association will be confronted with the need to go into or onto an owner’s property for the purpose of undertaking required maintenance as may be authorized by the governing documents. In some instances, the association, in order to prevent further damage to other property, may need to go into a unit to remediate mold or other water damage when the owner is unavailable or refuses to provide access to the association. In either situation, however, it is not uncommon to encounter owners who are not just uncooperative but some who threaten violence. What is an association to do? First, the association must understand what rights it may have. For homeowner association communities, the Homeowner Association Act, Unlike the Condominium Act, does not have any specific statutory language governing access. In such a situation, the Board of Directors and management must look to its governing documents which almost always (especially for townhome communities) have a provision that allow for reasonable access for the association to the property to fulfill maintenance obligations. As for condominiums, Fla. Stat. 718.111(5) provides the statutory right for access to units during reasonable hours, when necessary, for the maintenance, repair, or replacement of any common elements. The statute further provides guidance on the process an association must take to access an abandoned unit. Second, except when bona fide emergency access is needed, condominiums should give the owner written notice of its need to enter the unit. If the unit is abandoned, at least two (2) days’ notice is required. For units that are not abandoned, the statute is silent on the amount of notice to be given. Absent a provision in the Declaration of Condominium, you may, for guidance, review Fla. Stat. Section 83.53(2) of Florida’s Landlord-Tenant Act which defines reasonable notice as 12 hours prior to entering between 7:30am – 8:00pm. Homeowner associations should follow similar protocols unless the governing documents provide specific notification timeframes. Understanding that an association may have access rights does not guarantee that the owner will be cooperative. In such situations, a homeowners association may serve a pre-suit...