Florida Condominium Law · Chapter 718
Florida Condominium Law Attorney
Florida's Condominium Act governs the rights of unit owners, the obligations of condo associations, and the legal framework for resolving disputes in one of the most condo-dense states in the country. Attorney Eliot Dempsey represents unit owners and associations throughout South Florida and all 67 Florida counties.
Chapter 718 · Condo Law
Florida has more condominiums than any other state in the country. From the high-rise towers of Miami Beach and Brickell to the planned communities of Broward and Palm Beach Counties, millions of Florida residents live under the governance of a condominium association. And while most associations operate reasonably, disputes between unit owners and their associations are common — and frequently require legal intervention to resolve.
Florida's Condominium Act, codified at Chapter 718 of the Florida Statutes, is one of the most comprehensive bodies of condominium law in the nation. It governs everything from the creation and termination of condominium associations, to the rights of unit owners, to the obligations of boards, to the procedures for assessments, elections, and record-keeping. Understanding Chapter 718 is essential for any Florida condo owner facing a dispute with their association.
What Chapter 718 Covers
Florida's Condominium Act regulates nearly every aspect of condominium life in Florida, including:
Creation and organization of condominium associations, including the declaration of condominium, bylaws, and rules and regulations
Unit owner rights— including rights to inspect records, attend and vote at meetings, challenge fines and violations, and contest elections
Board of directors obligations including fiduciary duties, term limits, conflict of interest rules, and election requirements
Assessments and special assessments — how they must be levied, noticed, and collected, and what happens when they go unpaid
Maintenance and repair obligations — what the association must maintain versus what the unit owner is responsible for
Insurance requirements — particularly important for high-rise condominiums in South Florida after recent legislative changes
Structural integrity and reserve requirements — including the landmark Surfside legislation requiring structural inspections and mandatory reserves
Dispute resolution procedures — including mandatory pre-suit mediation and arbitration through the Florida Division of Condominiums
Key Differences Between HOA Law and Condo Law
Many Florida residents confuse HOAs (governed by Chapter 720) with condominium associations (governed by Chapter 718). While both involve community governance and mandatory fees, there are significant legal differences that affect the rights of residents and the obligations of boards.
HOA (Chapter 720) vs. Condo Association (Chapter 718)
Ownership: HOA members own their individual lot and home outright. Condo unit owners own the interior of their unit; common areas are owned jointly by all owners
Maintenance: HOAs typically maintain common areas only; condo associations often maintain the building's exterior, roof, and structural components
Insurance: Condo associations are generally required to carry building insurance; HOA members typically insure their own structures
Structural inspections: Post-Surfside legislation (SB 4D) imposes mandatory structural inspections and reserve requirements on condo associations — not HOAs
Dispute resolution: Both require pre-suit alternative dispute resolution (“ADR”) for certain disputes, but the procedures (mediation vs. arbitration) and the administering body (Florida Division of Condominiums) differ slightly.
Post-Surfside Legislation — What Florida Condo Owners Need to Know
The 2021 collapse of the Champlain Towers South in Surfside, Florida — which killed 98 people — fundamentally changed Florida condo law. Florida Senate Bill 4D (2022) and subsequent legislation imposed significant new requirements on condominium associations, particularly those in buildings three stories or higher:
Milestone structural inspections required by a licensed engineer or architect, beginning when a building reaches 30 years of age (25 years within 3 miles of the coast)
Structural Integrity Reserve Studies required every 10 years
Mandatory full-funding of reserves — associations can no longer vote to waive or reduce reserves for structural components
Associations that fail to complete required inspections or fund reserves may face state enforcement actions
Special Assessment Risk from Surfside Legislation
Many Florida condo associations that had historically waived reserve funding are now facing large special assessments to catch up — sometimes tens of thousands of dollars per unit. If your association has levied an unexpected special assessment related to structural reserves or inspections, an attorney can review whether the assessment was properly adopted and whether you have any rights to challenge it.
Common Condo Law Disputes We Handle
The Dempsey Law Firm represents Florida condo unit owners and associations in a wide range of disputes, including:
Disputes over special assessments — whether they were properly levied, noticed, and calculated
Unit owner disputes with the association over maintenance and repair responsibilities
Water intrusion and damage disputes between units and with the association
Election disputes — improper board elections, failure to hold required elections, and ballot fraud
Record access disputes — when the association refuses to provide required documents
Violation and fine disputes — improper fines, selective enforcement, and failure to follow proper hearing procedures
Disputes over association insurance coverage and claims following hurricane or water damage
Challenges to improper rules or rule changes adopted without proper authority
How Condo Disputes Are Resolved in Florida
Before filing a lawsuit over most condominium disputes in Florida, the law requires an attempt at alternative dispute resolution. The Florida Division of Condominiums, Timeshares, and Mobile Homes (part of the Florida Department of Business and Professional Regulation) administers a mandatory non-binding arbitration program for certain types of disputes, including those involving elections, board meetings, record access, and recall of board members.
Other disputes — including those involving unpaid assessments, maintenance obligations, and certain fine disputes — may proceed directly to court after a mediation attempt. An attorney can advise on the correct pre-suit procedure for your specific type of dispute and represent you effectively at every stage.
Florida Condo Dispute? We Can Help.
The Dempsey Law Firm represents unit owners throughout South Florida and all 67 Florida counties. Free consultation — (305) 320-1141, or call the Office Number of the Office Location nearest you.
Frequently Asked Questions — Florida Condo Law
What law governs Florida condominium associations?
Florida condominium associations are governed by Chapter 718 of the Florida Statutes — the Florida Condominium Act. Chapter 718 covers everything from the creation of condominiums and the rights of unit owners to board obligations, assessment procedures, election requirements, insurance mandates, and dispute resolution processes. In addition to Chapter 718, each association is governed by its own declaration of condominium, bylaws, and rules and regulations, which must comply with the Act.
What are the new structural inspection requirements for Florida condos after Surfside?
Following the 2021 Champlain Towers South collapse in Surfside, Florida enacted SB 4D (2022) requiring milestone structural inspections for condominium buildings three stories or taller. Buildings must have their first inspection by a licensed engineer or architect when they reach 30 years of age (25 years for buildings within 3 miles of the coast), and every 10 years thereafter. Associations must also complete Structural Integrity Reserve Studies every 10 years and can no longer vote to waive or reduce reserves for structural components.
Can a condo association foreclose on my unit for unpaid assessments in Florida?
Yes. Under Chapter 718, a condominium association can place a lien on a unit for unpaid assessments and, after following the required statutory procedures, foreclose on that lien — potentially resulting in the forced sale of your unit. The association must follow strict procedural requirements before filing a foreclosure action, including proper notice and waiting periods. If you have received a lien notice or foreclosure threat over unpaid assessments, contact an attorney immediately — procedural defenses and payment arrangements may be available.
What records is a Florida condo association required to provide to unit owners?
Under Florida Statute §718.111, unit owners have the right to inspect and copy the association's official records, including the declaration, bylaws, rules and regulations, meeting minutes, financial statements, contracts, insurance policies, and other official documents. The association must make records available within 10 working days of a written request. Failure to provide required records can result in a $50 per day penalty against the association and liability for the requesting owner's attorney's fees.
Does the Florida Division of Condominiums handle disputes between unit owners and their association?
Yes. The Florida Division of Condominiums, Timeshares, and Mobile Homes administers a mandatory pre-suit arbitration program for certain types of disputes between unit owners and their associations. Disputes covered include those involving elections, board meetings, record access, and recall of board members. The arbitration is non-binding and less expensive than court litigation. Other types of disputes may require pre-suit mediation before a lawsuit can be filed. An attorney can advise on the correct procedure for your specific type of dispute.