New 2025 Florida Condo Laws (HB 913) Signed by DeSantis: What Homeowners Need to Know

In 2025, Florida lawmakers passed House Bill 913, a major overhaul of the state’s condominium laws. The goal: improve safety, increase transparency, and strengthen the financial stability of condo communities. This guide, prepared by Perez Mayoral, P.A., breaks down the key changes in HB 913 by topic — including management, insurance, reserves, finances, and meetings — with straightforward, plain-language explanations.

At Perez Mayoral, P.A., we represent homeowners across Florida in disputes with their condominium associations and HOAs. That includes cases involving property damage, failure to maintain common elements, election challenges, selective enforcement, and more. We’ve seen firsthand how these legal changes affect people — not just in theory, but in real life.

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⚠️ Please note: As we head into hurricane season, we want to highlight an important issue. 

While our firm handles many types of disputes, including selective enforcement, maintenance failures, shareholder conflicts, and appeals, some of the most serious and common problems we see involve damage to our clients’ condominium units. This includes roof leaks, water intrusion, mold, and cases where the association fails to maintain the building’s structure. These problems are especially harmful to children, seniors, and fixed-income homeowners, and they can render a unit unsafe or unlivable.

We find that many homeowners are wrongly told by their associations that they must file a claim on their own insurance and cover all unit repairs themselves. In many cases, that is simply not true. Our firm helps homeowners hold associations directly accountable — often recovering compensation without the need for an insurance claim or clients paying out of pocket for repairs.

If you are dealing with any of these issues, please contact us. We may be able to help.

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Now, let’s walk through what’s actually changed under HB 913. If your specific concern isn’t covered here, check out our other homeowner guides and blogs on this site. We’re dedicated to representing homeowners against their associations throughout Florida, and we hope this resource helps you understand your rights.

Table of Contents

1. Safety and Structural Requirements
2. Reserve Funding and Financial Requirements
3. Management and Governance
4. Insurance Requirements
5. Financial Transparency and Record-Keeping
6. Meeting Procedures and Voting Rights
7. How Our Firm Helps Homeowners with Issues Related to HB 913
8. Full Text of Bill

 

Part 1: Safety and Structural Requirements

Understanding the Background: Why These Rules Exist

The tragic collapse of the Champlain Towers South condominium in Surfside in 2021 revealed serious problems with how Florida condos were maintained and funded. Many buildings had been deferring critical repairs for years because owners kept voting to waive reserve funding—essentially choosing lower monthly fees over setting aside money for future repairs. This led to dangerous deterioration of structural components like roofs, foundations, and load-bearing elements. In response to the Surfside tragedy, Florida passed new rules in 2022–2023 requiring condo reserve funding and structural inspections. However, these initial laws were quite strict and expensive, creating financial hardship for some communities. HB 913 (2025) refines those rules to balance safety with financial practicality, giving associations more flexibility in how they fund safety requirements while still ensuring the work gets done.

Structural Integrity Reserve Studies (SIRS) – Updated Requirements

Condo reserves are essentially savings accounts for future repairs—money set aside each month so that when your roof needs replacement or your building’s concrete needs repair, the funds are available without a surprise special assessment. A Structural Integrity Reserve Study (SIRS) is a specialized engineering report that identifies which structural components need reserves and creates a funding plan to maintain them safely. HB 913 made several owner-friendly adjustments to the SIRS requirements:

• Deadline Extended: If your condo is required to have a SIRS under the 2022 law, the initial deadline was December 31, 2024. This has been extended to December 31, 2025. So associations got one extra year to obtain the first SIRS. Important: This extension helps boards engage engineers and properly budget for the SIRS, but it doesn’t remove the requirement – it’s coming due by end of 2025. Owners should ensure their board is budgeting for and scheduling a SIRS if your building is three or more habitable stories. See Fla. Stat. 718.112(2)(g)7.
• “Three Habitable Stories” Clarified: The law now specifies SIRS applies to buildings that are “three habitable stories or more” in height. This clarifies that if a building has, say, two residential floors over parking (which might have been counted as 3 stories by one interpretation), it likely doesn’t trigger SIRS because the parking level isn’t habitable. It resolves some ambiguity in the old wording (“three stories or more”). For owners, this means some 3-story buildings that are on pilings or have ground-floor parking might be exempt if only two levels are actually occupied. The vast majority of mid-rise and high-rise condos remain covered. See Fla. Stat. 718.112(2)(g)1.
• Small 3-Story Buildings Exempt: Buildings with 3 or fewer stories containing only 4 dwelling units (a very small condo) are exempt from the SIRS requirement entirely. This recognizes that a fourplex has a different risk profile. Most condo owners in larger buildings won’t be affected by this exemption, but if you happen to be in a tiny condo (e.g. a converted 1920s four-unit building), you may not have to do a formal SIRS, saving those owners a considerable expense. See Fla. Stat. 718.112(2)(g)5.

SIRS Content Requirements

• Baseline Funding Plan: Each SIRS must now include a reserve funding “baseline” plan that ensures the reserve cash balance never drops below zero over the 30-year outlook. This essentially mandates that the SIRS provide a recommended schedule of reserve contributions so that the association is always solvent with respect to these reserves. Many reserve studies do this already (a cash flow plan), but it’s now a requirement. Implication: Owners will see in the SIRS report a suggested annual reserve amount or schedule. The law is nudging associations to follow that plan (or one of the alternative plans the study might also suggest, as long as it’s sufficient). See Fla. Stat. 718.112(2)(g)4.
• Differentiating Mandatory vs. Non-Mandatory Items: The SIRS report must clearly identify which components are required by law to have reserves and which are additional items the association may have included. This helps everyone understand what’s legally mandated (e.g. roof, structure, waterproofing, electrical, windows, etc. as listed in the statute) versus extra things like amenities. For owners reading the reserve study, there might be a section that says “Mandatory SIRS Items: (list)… Other Items: (list)”. This transparency is useful if owners ever vote on funding non-mandatory reserves – you can’t waive mandatory ones, but you could still potentially waive reserves for a non-mandatory item if your community chooses (with proper disclosure). See Fla. Stat. 718.112(2)(g)4.

SIRS Process Improvements

• SIRS Update After Repairs: If your condo has a SIRS performed and then undertakes major repairs or replacements, the law allows (and effectively requires) updating the SIRS to adjust component life and the funding plan. For example, if the SIRS said the garage waterproofing had 5 years life left, but then you replace it entirely this year, the board should update the SIRS to reflect a new 20+ year life and adjust the reserve schedule accordingly. This ensures the reserve plan stays accurate and owners aren’t over-collecting for an item just repaired. See Fla. Stat. 718.112(2)(g)4.
• Delay of SIRS if Milestone Done: As mentioned earlier, if an association completed its Milestone Inspection (the structural inspection required at 30 years for coastal/40 years elsewhere, and every 10 years after), the board may vote to delay performing the SIRS for up to two budget years following that milestone inspection. The idea is the milestone inspection report already identified near-term structural repair needs, so the association can focus on those first and push off the reserve study a little. Owners benefit because it staggers the costly reports – you don’t have to pay for a SIRS immediately on the heels of a milestone report if the board opts to defer it. But note, after those two years, the SIRS will be needed and will incorporate the findings of the milestone repairs. See Fla. Stat. 718.112(2)(g)9.
• Board Acknowledgment: To ensure boards actually receive and consider the SIRS, each condo board member or director will have to sign an affidavit stating they have received and reviewed the completed SIRS report. This affidavit goes into the official records. For owners, this adds accountability – your board can’t claim ignorance of what the reserve study said. If something was in the report and not acted on, you at least know every director had to sign off that they saw it. See Fla. Stat. 718.112(2)(g)10.
• Standardized SIRS Form: The Division of Condos, in coordination with the Florida Building Commission, will be developing a uniform SIRS form/format by rule. In the future, reserve studies might have a consistent format, making them easier for owners to understand and compare. This is forthcoming, so we may see guidance on this in late 2025 or 2026. See Fla. Stat. 718.112(2)(g)13.

Conflict of Interest Protections for Inspections/Reserves

To promote trustworthy inspections and reserve studies, the law now requires certain disclosures and limits:

• No Hidden Repair Bids: Any engineer, architect, or contractor bidding to perform a milestone inspection or a SIRS must disclose in writing to the association if they also plan to bid on any repair work that might later come out of their report. So if a firm wants to do your reserve study and also be in line to replace your roof, owners will know. See Fla. Stat. 718.112(2)(g)3; 553.899(12).
• No Undisclosed Interests or Nepotism: Such professionals cannot have an undisclosed financial interest or a close relative with an interest in the firm doing the study. If they do (say the reserve specialist’s brother owns the concrete repair company), that relationship must be disclosed in writing. “Relative” is defined in the law (spouse, parent, sibling, etc. – basically immediate family). See Fla. Stat. 718.112(2)(g)3.
• Enforcement – Voidable Contracts and License Discipline: If a provider violates these disclosure rules, the contract is voidable and the association can terminate it and not pay for services not yet rendered. The provider may also face disciplinary action on their professional license. This strong incentive means your reserve study or inspection should be unbiased – they shouldn’t understate problems to get a repair contract later, or overstate them either. See Fla. Stat. 718.112(2)(g)3.

For owners, this means you can have more confidence in the integrity of these critical reports. If, for example, a company does your SIRS and then immediately offers to do a million-dollar repair, you should have documentation of whether they intended that all along. Full transparency is the goal so you’re not stuck wondering if a recommendation is genuine or a sales tactic. Feel free to ask your board about any disclosures received when they hired engineers or reserve study firms – those disclosures are now part of the official records.

Part 2: Reserve Funding and Financial Requirements

Higher Reserve Threshold for Components

One immediate financial impact: the law raises the cost threshold for items that must be included in statutory reserves from $10,000 to $25,000. Old rule: If a capital item’s replacement or deferred maintenance cost exceeded $10,000, it had to have a reserve account (unless properly waived). New rule: Now only items exceeding $25,000 (and this threshold will be adjusted for inflation each year by the state) require dedicated reserves. Old wording: “any item that has a deferred maintenance expense or replacement cost that exceeds $10,000” – New: “exceeds $25,000 or the inflation-adjusted amount… whichever is greater.” See Fla. Stat. 718.112(2)(g)1.h.

Effect: Small-ticket items (like a minor equipment replacement) might no longer be mandatory reserve line items, potentially easing annual budget pressure. However, big-ticket components – roofs, painting, paving, elevators, etc. – will definitely still exceed $25k and still require reserves. For owners, this means your association can focus reserve funding on truly substantial components, and very minor components could be handled through operations without formal reserves. (Note: This does not reduce any reserves already required for structural safety components under SIRS – those are usually well over $25k in cost anyway.)

No More Waiving Critical Structural Reserves (with limited exceptions)

Florida previously moved to stop condo associations from waiving reserves for critical structural items (like roof, structure, electrical, plumbing, etc. as identified in a SIRS). HB 913 largely affirms that starting with the 2025 budget cycle, owners cannot vote to waive or reduce funding for the mandatory structural reserve items listed in §718.112(2)(g). The only exceptions are:

• If the condominium is terminating (being legally dissolved under §718.117), then obviously it need not fund decades-long reserves – the new law explicitly says in a termination scenario, members may vote to waive the reserves recommended by the last SIRS. See Fla. Stat. 718.112(2)(f)2.b.
• If it’s a multi-condominium association using an alternate funding method approved by the Division. Old law: Only multi-condo associations with 2 or more condos and division-approved funding plans could avoid full reserves. New law: All multi-condo associations are still allowed to use these alternative funding methods (the definition was tweaked to ensure this – essentially any multi-association operating ≥25 condos can propose a different funding formula subject to state approval). In such cases, owners might approve pooling resources across condos or another mechanism instead of straight-line reserves, but they must have Division approval. See Fla. Stat. 718.112(2)(f)2.b.

Aside from these narrow scenarios, unit owners must fully fund the required structural reserves each year – you can no longer vote to send $0 to the roof reserve (for example) if that roof is one of the SIRS components, whereas in years past some communities would routinely waive all reserves. This change directly impacts owners’ wallets: you will see required reserve contributions in your budget for these critical items to ensure funds are available for major repairs. It’s essentially a safety mandate to prevent underfunding (which led to deferred maintenance in the past).

Alternate Funding of Reserves via Membership Vote

While you can’t waive reserves outright (except as above), the law does give owners a new option: funding reserves by borrowing or special assessment, with owner approval. Associations can now fund the required reserve items through alternative means like a special assessment, bank loan, or line of credit – but only if a majority of the total voting interests approve. In other words, owners could decide, for instance, not to raise regular monthly fees for reserves and instead take a loan to cover a roof replacement reserve obligation. This requires a majority of all unit owners (not just a quorum at a meeting) to agree. See Fla. Stat. 718.112(2)(f)2.c.(I). If such a loan or special assessment is used:

• It must be sufficient to cover the same amount of money that would have been in reserves – including making up any past shortfalls from previously waived reserves. They don’t want boards opting for a half-measure; the funding must be fully equivalent to proper reserves. See Fla. Stat. 718.112(2)(f)2.c.(II).
• The loan or special assessment funds have to be available immediately to the board for the needed reserve expenditures (no further owner votes to use the money). See Fla. Stat. 718.112(2)(f)2.c.(II).
• Disclosure: Any such special assessment or loan must be reported in the annual financial statements provided to owners and also disclosed to prospective buyers. So if you’re an owner, you will see in your yearly financial report a note like “Loan: $500,000 for Roof Reserves obtained 2026” and buyers will see it in the condo resale disclosure documents, ensuring everyone knows the association carries that debt or has collected that money. See Fla. Stat. 718.112(2)(f)2.c.(II).

Impact on owners: This gives flexibility in how you pay for reserves. Owners could decide it’s easier to pay a one-time special assessment or take on association debt (to be repaid via assessments over time) rather than incrementally funding reserves every year. For instance, if a big repair is looming, owners might vote to borrow now at a fixed interest rate versus raising fees drastically. However, it requires broad consensus (51% of all owners), and not all associations will pursue this. If they do, remember that a loan is still an obligation – it shows up on financial statements and could affect unit sale values or require a future assessment to repay.

Temporary Reserve Funding Pause for Repair Work

A major relief valve introduced: For owner-controlled associations that have recently passed their milestone structural inspection, the owners can vote to temporarily pause or reduce reserve contributions for up to 2 years in order to direct that money to urgent repairs identified by the inspection. The details:

• This applies only to budgets adopted on or before December 31, 2028, and the association must have completed the milestone inspection within the past 2 years and found repairs needed. See Fla. Stat. 718.112(2)(f)2.e.
• Owners must approve the reserve funding pause by a majority of total voting interests (so again, more than 50% of all units). See Fla. Stat. 718.112(2)(f)2.e.
• The pause/reduction can last at most two consecutive annual budgets. During this time, the money that would have gone into certain reserves can instead be used to perform the necessary maintenance or repairs flagged by the inspection. See Fla. Stat. 718.112(2)(f)2.e.
• Before resuming normal reserve contributions after the pause, the association must update its Structural Integrity Reserve Study (SIRS) to reassess its funding plan. This ensures that after repairs, the reserve schedule is recalibrated (some items might have new extended lifespans, etc.). See Fla. Stat. 718.112(2)(f)2.e.

Why this matters: After a milestone inspection (the engineering inspection required for older buildings), many condos face immediate large repair bills. This provision recognizes it might be unrealistic to both fully fund every reserve and pay for heavy repairs at the same time. By allowing a pause on setting aside reserve cash, it frees up cash flow to actually fix the building now – which is the higher priority for safety. Owners benefit by not being double-charged. For example, if the milestone report says you need a $1 million concrete restoration now, the board can propose that for the next year or two, the association will reduce contributions to certain long-term reserves and use that money (plus perhaps a special assessment) to get the restoration done. Owners must agree via vote. Keep in mind: once the work is done, the reserves still have to be addressed via an updated study, so this is a deferment, not a forgiveness of reserve obligations. It’s a sensible scheduling tool that many condo owners and boards will likely appreciate to tackle critical fixes first.

Emergency Use of Reserves if Building Uninhabitable

Separate from the owner-voted pause, there’s an emergency exception: If a local building official declares the entire building unsafe/uninhabitable due to a natural disaster, the board is now authorized to tap ANY reserve funds as needed to make the building safe and habitable again. They can even pause all reserve contributions temporarily without a unit owner vote in this scenario. Once the building is deemed safe for occupancy, the board must resume normal reserve funding immediately. See Fla. Stat. 718.112(2)(f)2.d.

Practical example: If a hurricane severely damages your condo building and it’s evacuated, the board can use even monies that were reserved for other future projects to fund the emergency repairs now – and they don’t have to collect reserve payments while the building is out of service. This is good news for owners in disaster situations, as it gives the board flexibility to get repairs done without waiting for votes or worrying about the technical rules of each reserve account. It essentially puts safety first, then returns to normal budgeting after the crisis. (Insurance proceeds, if any, would of course also be used first for covered damages.)

Pooling of Reserves Allowed

In a significant shift, condo associations can now choose to pool reserves for some or all reserve components without a unit owner vote. Under prior law, switching from a separate (“straight-line”) reserve system to a pooled reserve (cash flow) system required approval by a majority of owners at a meeting. HB 913 removes that hurdle: the board can adopt either method at its discretion. See Fla. Stat. 718.112(2)(f)4. Straight-line reserves means money is set aside separately for each item (roof, painting, etc.), whereas pooled reserves combine funds for a group of items and use a cash-flow management approach.

• The new law does require that if pooling is used, the pool must include all the required structural items as a group (you can’t pool a structural item with non-structural items loosely). In practice, many associations might have one “Structural Reserve Pool” for the SIRS components and perhaps another pool for optional/non-mandatory items. See Fla. Stat. 718.112(2)(f)4.
• Sufficiency: The annual budget must clearly show that the pooled reserve funding is sufficient such that available funds will meet or exceed the projected expenses for all components in the pool per the latest reserve study. In other words, boards can’t use pooling as a trick to underfund – the math must work out so that when each component comes due, the pool has the money. Reserve studies typically provide a cash-flow schedule for pooled reserves, and now the budget should align with that. See Fla. Stat. 718.112(2)(f)4.
• Owners should note: Pooling often lowers annual reserve contributions (due to interest earnings and not overfunding some items), which can be beneficial. By allowing boards to implement it without a vote, the law aims to streamline modern reserve funding techniques. However, a board should still notify and educate owners if they opt to pool, since it’s a different presentation of reserves that owners will see in the budget. The key takeaway is that boards now have flexibility to manage reserves in the way they and their reserve professionals see fit (straight-line vs. pooled), so long as it’s financially sound. If you see a change in your budget where multiple reserve line items merged into one or two “pooled” categories, this is likely due to this change in the law. (Tip: Ask your board or property manager for the reserve study which will show how the pooled funding is calculated.)

Part 3: Management and Governance

Manager Legal Compliance Obligation

A significant new requirement prohibits community association managers and management firms from knowingly performing any act directed by the community association if such an act violates state or federal law. See Fla. Stat. 468.4334.

What this means: Managers now have an explicit legal duty to refuse unlawful directives from associations, even if the board or owners request such actions. This creates a legal safeguard where managers must act as a check against potential violations, protecting both the association and the manager from legal liability. For example, if a board directs a manager to discriminate against certain residents, ignore safety regulations, or misuse reserve funds in violation of state law, the manager is legally required to refuse and potentially report the violation.

Criminal Penalties for Violations

Violation of this legal compliance requirement carries serious consequences. Any community association manager who violates the provisions of Chapter 468, Part VIII (which includes the prohibition on knowingly performing illegal acts) commits a second-degree misdemeanor punishable by up to 60 days in jail and/or a fine of up to $500. See Fla. Stat. 468.437.

Licensed Managers & Board Responsibility

If your condo association hires a professional manager or management firm, the new law requires that manager/firm to hold an active Florida license (Community Association Manager license) as a condition of the contract. All board members now have an explicit duty to verify the manager’s license is valid before signing a management contract. Old law: While licensure was required by general law, it wasn’t explicitly tied to condo contracts. New law: It’s now written into Condominium Act §718.111 that the manager “must possess all applicable licenses” and boards must ensure proper licensing. See Fla. Stat. 718.111(3)(g). If a manager’s license gets suspended or revoked during the contract, the association can terminate the contract immediately with written notice, effective as of the date the license ceased. This gives owners confidence that their manager is qualified and allows the association to quickly remove unlicensed managers. See Fla. Stat. 718.111(3)(h)-(i).

Manager Conflicts of Interest & Bad Actor Ban

The law tightens rules on conflicts of interest for management firms. Routine conflicts disclosed in the management contract are exempted from further board approvals (to streamline minor issues), but all other conflicts must still be disclosed and handled per §718.111(3). Importantly, anyone whose CAM license is revoked is now banned for 10 years from managing another association or even being an officer, director, or partner of a management company. They also cannot reapply for a CAM license for 10 years. Impact: These provisions protect unit owners by weeding out unethical managers – a manager who loses their license for misconduct can’t quietly continue operating behind the scenes of a management firm. See Fla. Stat. 468.432(2)(h).

Board Financial Duty – Prudent Investing

Condo boards have always had a fiduciary duty, but now the statutes explicitly require boards to use “best efforts to make prudent investment decisions” when managing association funds. In practice, this means board members must handle your condo’s reserve and operating accounts with care – for example, investing in secure, low-risk accounts. To facilitate this, associations (including multi-condo associations) are now allowed to invest reserve funds in certain secure financial instruments (like insured CDs or money market accounts at banks and credit unions) without a unit owner vote. Old law: Previously, some associations feared investing reserves without a membership vote; new law: §718.111 now permits it explicitly. This change lets the association earn interest on reserves while still protecting principal, benefitting owners by potentially reducing the need for future assessments. See Fla. Stat. 718.111(16)(a)-(b).

Maintenance and Hurricane Protection Responsibilities

A practical change was made to clarify who pays if exterior attachments (like hurricane shutters) have to be removed for building maintenance. Now, before undertaking repairs or maintenance involving items like hurricane shutters, the board must determine whether the association or the unit owner is responsible for the removal and reinstallation cost. Old law: It wasn’t clear who should bear the expense if, say, the association needs to paint the building behind your storm shutters. New law: §718.113(5) is amended to require the board to decide and document whose responsibility it is to remove/reinstall such hurricane protections. This gives owners clarity – for example, the board might rule that owners must temporarily remove their shutter at their own cost if it’s an owner-installed shutter, or conversely the association might absorb the cost if it’s common element accordion shutters. Knowing this avoids surprise bills and disputes. See Fla. Stat. 718.113(5).

Expanded Emergency Powers

Florida law grants condo boards special powers during disasters. HB 913 broadened these emergency powers in §718.1265. Now, if authorities issue any evacuation order for the area (not just a “mandatory” evacuation as before), the condo board is empowered to require residents to evacuate the property for their safety. Old language: “in the event of a mandatory evacuation order” – New: “in the event of any evacuation order”. This means even if an evacuation is voluntary or advisory, the board can treat it as authoritative for requiring an evacuation of the condo. As before, if someone refuses to comply, the association is immune from liability for that person’s failure to evacuate. See Fla. Stat. 718.1265(1)(h).

Part 4: Insurance Requirements

Florida condo associations have long been required to carry hazard insurance, but HB 913 strengthens and clarifies these insurance requirements in §718.111(11):

• Mandatory “Adequate” Property Insurance for All Condos: Every condominium association must maintain adequate property insurance, regardless of what the condo docs say. The statute’s wording was updated to remove ambiguity – previously it referenced the declaration’s requirements and certain coverage minimums, but now it flatly states “Every condominium association shall have adequate property insurance” covering the full insurable value of the property. For unit owners, this guarantees that your association cannot opt out of carrying sufficient insurance on the buildings. Even if older condo documents oddly required less, the statute overrides that. This protection was added “to protect the safety, health, and welfare” of residents and keep insurance premiums stable. See Fla. Stat. 718.111(11)(a).
• Replacement Cost Determined Every 3 Years: The law now specifies that what counts as “adequate” insurance (full insurable value or replacement cost coverage) must be based on an independent appraisal of the property’s replacement cost, updated at least once every 36 months. Old law: Many associations already did appraisals every 3 years, but now it’s a statutory mandate. New: e.g. if your condo’s last appraisal was in 2020, by 2023 it should be re-appraised to adjust the insured amount. This ensures that as construction costs rise, the insurance coverage keeps pace so there’s enough money to rebuild after a disaster. Owners benefit because it reduces the risk of a special assessment due to under-insurance after a loss. See Fla. Stat. 718.111(11)(a).
• Removal of Outdated Coverage Minimums: HB 913 deleted some specific insurance coverage requirements that were previously in the statute, streamlining the law. For example, the prior statute had detailed minimum coverage for things like law and ordinance coverage (e.g. 25% of building value) and flood insurance if in certain zones. The new law strips out these specifics and instead relies on the broad requirement of “adequate property insurance.” In practice, associations still need to follow industry norms and any lender requirements (e.g. if in a flood zone, flood insurance is effectively required via other laws). The intention was to avoid rigid rules that might not fit every condo and let the board, insurance advisors, and market standards dictate appropriate coverages. From an owner’s perspective, you might not notice a change – your association will continue to insure common property (roofs, structure, etc.) but now with more flexibility to tailor policies as long as they remain “adequate”. See Fla. Stat. 718.111(11)(a).
• Group Insurance for Multi-Community Coverage: The law addresses condos that join insurance pools or buy group policies together (or with HOAs/cooperatives). It clarifies that an association’s obligation for full insurable value may be satisfied by a group policy covering multiple communities – as long as it covers an amount equal to the “probable maximum loss” from a 1-in-250 year windstorm for those communities. In plainer terms, if three or more associations band together to purchase a shared hurricane insurance policy, they need to insure to a very high standard (a 250-year storm event) to be deemed adequate. This probable maximum loss (PML) calculation must use a state-approved hurricane model. Why this matters: Some smaller condos pool insurance to save money; this law ensures that those arrangements still provide robust coverage. For owners, if your condo is part of such a consortium, you can be confident that the group policy must meet a high bar (250-year storm PML) in coverage adequacy. It’s a technical change, but it ultimately protects owners in large-scale disasters. See Fla. Stat. 718.111(11)(a)3.
• Fidelity Bonding and Other Insurance: While not a new requirement, it’s worth noting the Division (per the oversight expansion above) will now monitor compliance with existing rules like fidelity bonding. Florida condos must bond persons who handle association funds (to protect against theft). HB 913 puts insurance and bonding under the Division’s watch. So if an association tries to skip getting a fidelity bond for its treasurer or manager, the state can step in. For owners, this simply reinforces that your money should be safeguarded by insurance in case of internal fraud.

In summary, condo owners gain assurance that their association is carrying sufficient insurance to rebuild after a catastrophe. Adequacy is no longer just whatever the condo docs say – it’s defined by law and state oversight. Always check the annual budget or contact your board to see proof of coverage; with these changes, that coverage should reflect current replacement costs and prudent levels of protection.

Part 5: Financial Transparency and Record-Keeping

HB 913 brings a number of improvements to financial transparency and record access for condo owners. Both the official records that you’re entitled to see and the way associations report their finances have been updated:

Expanded Official Records – What Owners Can See

Florida law lists what documents a condo association must maintain as official records available for owner inspection. HB 913 adds several new categories to this list in §718.111(12):

New Records You Can Access

• Bank Statements and Ledgers: Now, all bank statements and account ledgers of the association are explicitly official records. Good news for owners concerned about finances – you have the right to see the association’s bank statements (e.g. to verify balances, expenses paid, etc.). Ledgers (detailed accounting records) are also included. Previously, these were generally considered records, but the law is now crystal clear on it. See Fla. Stat. 718.111(12)(a)11.a.
• Invoices and Receipts: Similarly, all invoices, receipts, and deposit slips for association expenditures are confirmed as part of the accounting records owners can inspect. This means if you question a charge in the financial report, you can actually inspect the underlying invoice or receipt. See Fla. Stat. 718.111(12)(a)11.b.
• Building Permits: A copy of every building permit obtained by the association must be kept as an official record. If your condo did a renovation or repair requiring a permit, owners can review those permits (which often describe the scope of work). See Fla. Stat. 718.111(12)(a)18.
• Board Member Education Certificates: New board members must certify in writing or take a class per Florida law. Now, the association must keep copies of all board members’ certification forms or course completion certificates as official records. An owner can thus verify if their board members complied with the education requirement. (HB 913 also put board education under the Division’s enforcement eye, so maintaining these is important.) See Fla. Stat. 718.111(12)(a)19.
• Affidavits: Any affidavits required by Chapter 718 are now official records. This primarily refers to things like the affidavit of mailing for meeting notices, or the new affidavit an officer must sign for delivering the financial report, etc. For example, when the association sends the annual financial report to owners, an officer must sign an affidavit attesting it was done (as we’ll cover below) – those affidavits will be accessible to owners. This ensures there’s documented proof of compliance that owners can check. See Fla. Stat. 718.111(12)(a)20.
• Bids and Contracts: The law already required keeping copies of bids and contracts. One tweak: executory contracts (ongoing contracts to which the association is a party) and a list of bids received (for materials, services over $500) must also be posted on the website (for those associations that have to maintain a website). They remain official records too. Essentially, owners can inspect bids for work and any current contracts easily – now also online if applicable. See Fla. Stat. 718.111(12)(g)2.g.

Record Retention Requirements

These new inclusions join a long list (minutes, insurance policies, declarations, financial reports, etc.) that you as a unit owner have a right to see. All official records must be retained for at least 7 years (and some, like declarations, permanently). HB 913 also explicitly requires associations to keep structural integrity inspection reports (milestone inspections) and SIRS reports for at least 15 years, reflecting their importance. See Fla. Stat. 718.111(12)(a)11.d; 718.111(12)(a)15.

Online Access – Websites and Apps

Florida law (§718.111(12)(g)) requires condos with ≥150 units (now lowered to ≥25 units by a 2023 law) to maintain a secure website or mobile app for document access. HB 913 strengthens this:

• Timeliness Requirements: Documents that are required to be on the website must be posted within 30 days after they are created or received. New: If, say, a new contract is signed or a meeting minutes approved, the association has 30 days to upload it for members. This ensures the site stays up-to-date, rather than being updated just once a year. See Fla. Stat. 718.111(12)(g)1.
• Additional Documents to Post: The law expands the list of documents that must be available digitally:
  • All Board Meeting Minutes for the Last 12 Months – and they must specifically be the approved minutes. New requirement: previously, posting minutes wasn’t explicitly mandated. Now, owners (of these larger associations) can find the past year’s board meeting minutes on the website, rather than requesting them. See Fla. Stat. 718.111(12)(g)2.e.
  • Video Recordings of Meetings Held via Video Conference (last 12 months). With the advent of Zoom/Teams meetings, if a meeting was conducted by video conference, the association must post the recording or a hyperlink to it on the site, and keep those for at least a year. This is great for owners who missed a meeting – you can watch the recording later. (Only video-conference meetings require posting; purely in-person meeting recordings, if any, aren’t mandated to post, though they could be if the association chooses.) See Fla. Stat. 718.111(12)(g)2.f.
  • Affidavits – any affidavits required by the condo statute (like the financial report delivery affidavit, notice mailing affidavits, etc.) must be posted online as well. This is unique but promotes transparency that the association is following notice and reporting rules. See Fla. Stat. 718.111(12)(g)2.r.
  • The annual budget, any proposed budget, and the annual financial report were already required to be posted, and still are. One change: monthly income/expense statements to be considered at a meeting also should be posted (grouped with the financial report requirement). See Fla. Stat. 718.111(12)(g)2.i.
  • Updated List of Required Records: To avoid confusion, the statute was renumbered; items (a)–(t) in the official records list correspond to postings. For example, now paragraph (g)1.e. requires posting the last 12 months of minutes. Paragraph (g)1.f. requires posting video recordings of video-meetings. And so on. The net effect is a more robust owner portal.
• Website Maintenance: Keep the website/app information updated. The association must ensure the website/app is updated within 30 days of any change. If, for instance, a contract on the site expires and is replaced, the site should reflect that new contract within 30 days. See Fla. Stat. 718.111(12)(g)1.

If you’re in an association that fits the criteria for a website, you should see a much richer repository of documents online. Owners can download bylaws, budgets, reports, and now minutes and videos, without having to make a records request. Note: The site is password-protected for owners only, and you can request a login if you haven’t been given one. Smaller associations (<25 units) aren’t legally required to have a website, but many use portals or email – those groups still benefit from the other transparency measures.

Financial Reporting and Accountability

HB 913 makes a few adjustments to annual financial reports that improve clarity and enforceability:

• Affidavit of Compliance: To ensure the board indeed delivers the annual financial report (or the notice of availability of the report) to all owners, an association officer or director must sign an affidavit attesting that the report was distributed or the notice was sent to all members. This affidavit is an official record (and must be posted on the website for applicable associations). As an owner, if you suspect you were skipped in the mailing, you can check the affidavit and demand your copy. This measure holds the board accountable – falsifying such an affidavit would be a serious offense. See Fla. Stat. 718.111(13).
• Membership Approval to Lower Financial Reporting Level: The type of financial statements required (cash report, compilation, review, or audit) is based on association revenue thresholds (unchanged by HB 913: e.g. >$500k needs an audit). Previously, owners could vote to “downgrade” the report level (say, from audit to review) for a given year at a meeting with a quorum. Now the law raises the bar: it requires approval of a majority of the entire membership (all voting interests) to opt for a lower level report. In practice, it will be harder to waive an audit or review, because you’d need >50% of all units in favor, not just a majority at a meeting. This change protects transparency – it will ensure larger condos get audited or reviewed statements unless a truly large portion of owners think it’s unnecessary. As an owner, you can feel more confident that your association’s finances are getting an appropriate level of outside scrutiny each year (audits catch more errors/fraud than simple compilations). If your board wants to skimp on the financial report, you now have the power to insist on the higher standard by not voting to approve a reduction. See Fla. Stat. 718.111(13)(d).
• Uniform Accounting Rules and Reserve Disclosures: The Division is tasked with updating rules for standardized accounting principles and specifically a standard way to present reserve funding in the financial report. One anticipated result: the annual report will include a “good faith estimate” of the amount of reserves needed to fully fund each item over remaining life (for straight-line method). This was hinted in the law to ensure owners see whether reserves are on track. If an association uses pooling, that specific disclosure isn’t needed, since pooling is a different model. While these details are a bit technical, the bottom line is your annual financial statement may soon come with a clearer picture of the reserve status (e.g. “We have $300k in roof reserve, which is 50% of the amount needed for full funding”). Transparency here helps owners understand any funding gap. See Fla. Stat. 718.111(13).
• Annual Financial Statement Must List Reserve Loans/Lines: As noted earlier, if the association approves a special assessment, line of credit, or loan to fund reserves, the details of that funding must be included in the annual financial statements given to owners (and in the resale disclosure to buyers). So the financial report will show something like “Loan Payable – Milestone Repairs/Reserves: $2,000,000 (obtained 2025, payable over 15 years)” for example. This keeps owners informed each year of long-term financial obligations and ensures no hidden debts. See Fla. Stat. 718.112(2)(f)2.c.(II).

Records Request Improvements

When you make a records request, the association now must provide a written checklist of which records were made available and which (if any) are not available. They must keep a copy of that checklist for 7 years. This new requirement means no more guessing if the association omitted something by accident – you’ll have a list. It also creates a presumption that if it’s on the checklist, they complied, protecting the association if they can prove they gave you everything listed. So expect a little inventory when you go inspect records. See Fla. Stat. 718.111(12)(c)1.b.

The penalties for failing to provide records (like the $50/day damages) are still in effect, with clarification that a board member or manager who “willfully and knowingly” refuses to release records is committing a second-degree misdemeanor and must be removed from office by the court if convicted. The law cleaned up wording (“intentionally, knowingly, willfully, and repeatedly” is the standard – two violations in 12 months is “repeatedly”). So there’s real teeth if someone tries to hide the books. See Fla. Stat. 718.111(12)(c)2.

Resale (Estoppel) Disclosure Updates

When an owner sells a condo, there are statutory disclosure documents and an estoppel certificate that provide information to the buyer. HB 913 made two notable changes:

• Extended Rescission Period: 7-Day Rescission for Resales: For a resale by an owner (non-developer), the buyer’s rescission period is extended to 7 days after receiving the condo documents. Old law: a buyer had only 3 business days to cancel a resale contract after receipt of docs. New law: they now have 7 days (calendar days) to review the declaration, financials, governance form, etc. and decide if they want to proceed. This matches the 7-day cancellation period already given to buyers from a developer. As a selling owner, be aware your buyer has a bit more time to review and possibly back out. As a buying owner, you have more time to read through the bylaws, budget, and now some new docs like inspection reports. See Fla. Stat. 718.503(2).

Additional Disclosure Requirements: 

• Disclosure of Building Inspection Reports and SIRS: The law now requires that any available Milestone Inspection report and any SIRS must be provided to buyers (or at least made available) during resale disclosure. Specifically, §718.503 was amended to include the milestone inspection report and the structural reserve study (SIRS) in what a seller should disclose, if those are applicable. The contract must also mention if the association has the right to charge a fee for elevator alterations (an odd niche addition) and some other details. For current owners, this means you should be given those reports too (they’re official records). But now they’re also part of the standard resale package, which is good for transparency – a new buyer will see, for example, a summary of the latest structural and safety inspections. See Fla. Stat. 718.503(2).

As always, when selling, make sure you provide all required documents to the buyer to avoid giving them a loophole to cancel. And as a buyer, take advantage of the longer review period and the additional information now at your disposal to make an informed decision about the condo.

Part 6: Meeting Procedures and Voting Rights

Meetings — both of the board and the unit owners — got a 21st-century update in HB 913. The changes aim to increase participation (through video conferencing and electronic voting) and also refine how meetings, especially budget meetings, are conducted. Here’s what’s new for anything involving condo meetings, elections, and votes. 

Board Meetings by Video Conference

Condo board of directors meetings can now be held via video conference (e.g. Zoom, WebEx) on a formal basis, rather than requiring physical presence. This was allowed under emergency orders in the pandemic; now it’s codified. See Fla. Stat. § 718.112(2)(c)1. There are conditions to protect owner access:

Notice Requirements for Virtual Board Meetings

Notice Requirements: If a board meeting will be virtual, the 48-hour notice posted on the condo property must state that the meeting will be via video conference and include a web link (hyperlink) and telephone dial-in number that owners can use to join remotely. Additionally, the notice must still list a physical location (on or near the property) where owners can attend in person if they wish. Essentially, all virtual meetings are hybrid meetings — owners have the choice to go to a location and watch/participate from equipment set up there, or join remotely online/phone. The physical location might be a meeting room or office with a screen. See Fla. Stat. § 718.112(2)(c)1.

Quorum and Voting Rules

Quorum and Voting: Board members who attend by video conference count as present for voting and can vote on motions, but they do not count towards the quorum physically present, according to the new law and Division guidelines. This means a majority of the board should ideally be in-person at the noticed location to officially convene the meeting. For example, if you have a 5-member board, 3 must be on-site to meet quorum, and 2 could be on Zoom. This rule was a compromise to encourage some physical presence. (If a board doesn’t have the quorum physically, any decisions could be challenged as invalid.) 

Important for owners: If you attend the physical location and only one director is there with others on Zoom, be aware they need to fix that or reschedule — a quorum should be in person. Over time, these rules might evolve, but that’s how it stands. See Fla. Stat. § 718.112(2)(c)1.

Recording Requirements

Meetings Must Be Recorded: Every board meeting held by video conference must be recorded (audio and video) and that recording becomes an official record to keep. The association has to retain the recording for at least 1 year, and for larger condos, post the recording online for 12 months. If you miss a meeting, you can watch the recording later. If something improper happened, there’s a tape. In-person-only meetings are not required to be recorded, but many boards voluntarily record them as well. The new law effectively treats the video platform as an extension of the meeting room — transparency is preserved by recording it. See Fla. Stat. § 718.112(2)(c)1.; § 718.111(12)(a)16.

Technical Requirements

Division Rules Coming: The Division is tasked with adopting rules for conduct of video meetings. These might cover technical issues (like ensuring everyone can hear, how votes are taken, etc.). So far, common sense prevails: boards should ensure all participants can hear and be heard. In fact, HB 913 also added that any meeting (owner or board) where there are remote participants must use technology that allows those physically present to hear those attending electronically — e.g., setting up a speaker and microphone. This way, an owner at the clubhouse and an owner on Zoom are in sync. Expect formal rules to be published, but boards are already implementing these practices. See Fla. Stat. § 718.112(2)(c)5.

For condo owners, board video meetings can be very convenient — you might be able to tune in from home or away. Just remember, if you want to inspect the actual sign-in sheet or see proxies, you may have to request those afterward, since you’re not physically there. The law changes are overall positive, allowing modern meeting formats while safeguarding owner inclusion. 

Note: Emergency powers had allowed Zoom-only meetings when gathering was unsafe; now outside of emergencies, pure virtual with no physical venue is not permitted — there must be a place for owners to go if they choose.

Unit Owner Meetings & Annual Meeting via Video

Similar flexibility is given for unit owner meetings (like the annual owners meeting or special owner meetings) in §718.112(2)(c).

Meeting Format Options

Owners Meetings May Be In-Person, Video, or Hybrid: The law explicitly states unit owner meetings (including the annual meeting) can be conducted in person, or by video conference, or both. If held via video (which, again, will practically be a hybrid), there are some rules. See Fla. Stat. § 718.112(2)(c)1.

Board Presence Requirements

Board Quorum On-Site: A quorum of the board of directors must be physically present at the noticed meeting location when an owners meeting is by video. This is a bit unusual — it basically means, for an annual meeting to count, a majority of the board members have to show up in person to “host” it. Regular owners don’t have to attend in person, but at least the board does. If your board has vacancies or missing members, they’ll need to coordinate to satisfy this. This rule was likely to ensure someone is managing the physical logistics (sign-in, counting votes, etc.) on site. If your board ever tries to do a fully virtual owners meeting, be aware that’s not compliant unless they physically gather a board quorum somewhere accessible to owners. See Fla. Stat. § 718.112(2)(c)1.

Meeting Location Requirements

Meeting Location Default: The meeting location (if not via video) still follows the existing rule — it should be the location provided in your bylaws; if the bylaws don’t specify, the meeting must be within 15 miles of the condominium property or in the same county. Old rule: within 45 miles of the condo. New rule: tightened to 15 miles (unless same county, which covers if you have a regional metro area). This is a win for owners because it prevents boards from choosing overly distant venues. For example, if your condo’s bylaws were silent, previously the board could hold the meeting up to 45 miles away — now that’s cut to 15 miles. Most condos use their on-site clubhouse or a nearby community center anyway, but this codifies a reasonable radius. See Fla. Stat. § 718.112(2)(c)1.

Voting at Virtual Meetings

Voting at a Video Owners Meeting: The law authorizes that if the owners meeting is conducted via video conference, owners may vote electronically (even live during the meeting) as long as it’s done in a manner consistent with the condo’s electronic voting procedures. Essentially, if your annual meeting is on Zoom, you could cast votes through an online system or the new email ballot system (more on that below), instead of having to mail in a paper ballot beforehand. This provides flexibility to get quorum or take votes from folks attending remotely. See Fla. Stat. § 718.128; § 718.112(2)(c)1.

Recording Requirements for Owner Meetings

Recording Required: Just like board meetings, if an owners meeting is held via video conference, it must be recorded and kept as an official record. This is new — previously, owners meetings (like elections) typically weren’t recorded, and some condos prohibited recording. Now, video ones will be. This could be helpful if there’s a dispute about what was said or a vote count, etc.

For owners, the takeaway is you might not need to physically attend the annual meeting — you could log in from anywhere. However, be mindful of how proxies and ballots work. Many associations will likely still send out paper proxies/ballots to establish quorum and voting, but with these changes, they may also allow online voting which can be counted toward quorum live. Always read your meeting notice package carefully — it should include instructions for remote participation if offered. And if you prefer the traditional in-person experience, that option remains (they must provide a place and enough board members present there). See Fla. Stat. § 718.112(2)(c)1.; § 718.111(12)(a)16.

Notice of Meetings — Electronic and Website Posting

HB 913 modernized how meeting notices can be delivered:

Email Notice Options

Email Notice for Owner Meetings: Condo law already allowed owners to consent to receive official notices by electronic transmission. Now, written notice of any unit owner meeting (such as the 14-day notice for annual or budget meetings) may be emailed to owners who consent, as an alternative to mailing. The law specifically inserted “or electronically transmitted” alongside “mailed or delivered” in the notice requirement for meetings where a special assessment or rule change is considered, and generally for other owner meetings in the process for adopting notice rules. Meaning: If you’ve provided an email and opted in, you might get your meeting notices by email going forward. This is quicker and more reliable for many, but if you prefer paper you can refrain from consent and still get a mailed copy. The condo must also post the notice physically on site (on a bulletin board or lobby) for at least 14 days for annual/special meetings as before. See Fla. Stat. § 718.112(2)(d)3.

Website and Digital Posting

Website Posting of Notices: The new law encourages electronic notice further by allowing (not requiring) an association to adopt rules to post meeting notices and agendas on a community website or online portal in addition to the physical posting. If they do broadcast notice on a closed-circuit TV channel or post on a website, it must run in a way that an average reader can see the full content periodically. Importantly, if a condo opts to post notices on a website, they must send an email to all owner email addresses on file, letting owners know a notice has been posted and include a hyperlink to it. So you wouldn’t be expected to constantly check a website — you’d get a heads-up in your inbox saying “Notice of Annual Meeting is posted, click here to view”. This dual approach ensures nobody misses the notice. See Fla. Stat. § 718.112(2)(c)1.; § 718.112(2)(d)3.

Bottom line: Owners who are comfortable online will likely see improved communication — no more lost mail, you might get notices faster. Owners not online should make sure the association has your current mailing address (or that you check the bulletin board). The combination of physical, electronic, and posted notice should cover all bases.

Annual Budget Meeting — New Substitute Budget Process

One significant procedural change: If the board proposes a budget that would result in assessments exceeding 115% of the previous year’s assessments, the board must simultaneously prepare and propose an alternative, lower-budget (“substitute budget”) that has no discretionary expenditures. And owners are required to meet to consider this substitute budget before any budget is adopted. This replaces the old process where owners had to petition after a high budget was adopted to force a reconsideration. See Fla. Stat. § 718.112(2)(e)2.a.–b.

How the New Process Works

Old rule: If the board passed a budget with >115% increase in assessments (excluding certain items like reserves, insurance, etc.), 10% of owners could call a special meeting to challenge it and potentially adopt a substitute budget. Many owners didn’t realize they had that right or it was logistically difficult to exercise.

New rule: Now the onus is on the board up front. They have to calculate if their proposed budget crosses the 115% increase threshold (the law also tightened what expenses can be excluded in that calculation — it removed the vague category “betterments for the community” and now basically only excludes true non-recurring reserve/repair costs required by law or a SIRS). If it does cross 115% (a big hike), the board must craft a second lean budget option with all “nonessential deferred maintenance, replacement, or optional expenditures” removed.

They must then present both budgets to the unit owners. The owners must vote on the substitute, bare-bones budget — in fact the statute says owners “are required” to consider it (meaning the board has to call a membership meeting for this purpose). If a majority of owners (or whatever your documents require for budget approval) approve the substitute budget, that one is adopted and will be implemented. If the owners reject the substitute (or if a quorum of owners doesn’t show up to vote), then the original board budget takes effect without need for another meeting.

Benefits for Owners

The law effectively skips the step of requiring a 10% petition and makes it automatic that owners get a say when a budget is very high. It also saves time by having the alternative ready immediately, instead of doing the whole budget twice in separate meetings weeks apart.

For owners: This is a great enhancement of your rights. Say the board proposes a 30% fee increase. In your annual budget meeting packet, you should also see a “Plan B Budget” perhaps with new projects omitted. At the budget meeting or a special meeting, you and fellow owners can vote: do we accept the high budget (maybe necessary for safety or reserves) or do we prefer the stripped-down budget and forego some projects? If owners choose the lower-cost budget, it means certain upgrades or non-mandatory expenditures will not happen — the law requires that substitute budget to include all required reserve funding and expenses, so it can’t gut safety, but it will cut “nice-to-haves” to try to get below the 115% threshold. On the other hand, if owners are okay with the increase (or don’t quorum or vote it down), the bigger budget proceeds. This new process ensures owner involvement in significant assessment increases. Make sure to attend that meeting or send in your limited proxy vote on which budget you support — it directly affects your fees.

Example Scenario

Example: Last year you paid $500/month. Board proposes $600 (20% increase). They calculate maybe excluding insurance and some justified items gets it to 18% > last year — still above 15%. They must also propose a budget that maybe keeps fees at ~$540 by deferring repainting and cancelling a clubhouse renovation (nonessential for that year). Owners then vote between $600 with projects vs. $540 with none. If no quorum, $600 is adopted by default after 30 days (the law says the initially proposed budget goes into effect if owners don’t adopt the substitute in the meeting called).

Overall this change gives owners a direct voice each year there’s a large increase, rather than having to react after the fact. It also arguably forces boards to clearly justify what’s “essential” vs. “optional” in the budget, since they have to make that lean version.

Electronic Voting (Online Voting and Email Ballots)

Perhaps the most owner-centric changes are here. Florida condo law (718.128) since 2015 allowed online voting if an association adopted it, but uptake was optional. HB 913 supercharges owner rights to e-vote:

Owner Petition Can Force Online Voting

Owner Petition Can Force Online Voting: If at least 25% of the voting interests petition for electronic voting, the board is now required to adopt a resolution to allow online voting within 21 days of receiving the petition. Before: the board could choose whether or not to offer electronic voting (many did not, as it required some setup). Now: if even a quarter of owners want it, the board must implement an internet-based online voting system for elections and owner votes. Owners have to petition within 180 days after the last annual meeting (so essentially up until mid-year for the next election). If your board is dragging feet on modernization, rally your neighbors — a 25% threshold is relatively low. Once online voting is adopted, any owner who opts in can vote online for things like board elections, amendments, etc., and that remains until they opt out. Online voting can greatly increase participation (no more need to attend or mail paper — you can vote from anywhere securely). See Fla. Stat. § 718.128(1)(c).

Email Ballots without a Formal Online System

Email Ballots without a Formal Online System: Recognizing that not all associations may get a fancy online portal immediately, the law created a default electronic voting method via email that all associations must accommodate unless/until they adopt a full online system. See Fla. Stat. § 718.128(1)(d). Here’s how it works:

Email Ballot Requirements

Every association must designate an official email address to receive “electronically transmitted ballots.” They have to notify owners of this email (likely in meeting notices or newsletter).

Owners can send an email to that address with their completed ballot for owner elections or votes, without having to comply with the double-envelope paper ballot system. In other words, you can email your vote instead of using the mailed proxy or ballot, if you choose.

To preserve secrecy concerns, the law spells out that such an email ballot does waive the secrecy of your vote (since your email has your name). The email ballot must include:

1. Your name and unit number (typed in), which serves as your signature.
2. A specific statement in ALL CAPS acknowledging that by emailing your ballot, you are waiving the secrecy of your ballot and that if you want a secret ballot you should vote in person at the meeting instead. The law even provides the exact wording of this warning, which the association will likely send to owners as part of the ballot instructions.

If an owner wants to maintain secrecy, they still have the option to cast a paper secret ballot (or attend in person). The email method is voluntary — it’s just there to make voting easier if you don’t mind the association knowing how you voted. (Note: When electing directors, ballots are supposed to be secret by law. By using email, you waive that right. Some owners may be fine with that; others may not — the key is you have the choice.) See Fla. Stat. § 718.128(1)(d)1.

Processing Email Votes

• Counting Email Votes: The association must count all email-transmitted ballots that are received by the deadline and that meet the requirements (name, unit, waiver statement, etc.). These emailed votes will count toward the vote tally and also toward establishing a quorum, just as if you were physically present or sent a proxy.
• Deadline: The emailed ballot has to be received no later than the scheduled meeting time where the vote is being held. So if the annual meeting is at 7:00 PM on March 30, your email vote must arrive by then. See Fla. Stat. § 718.128(1)(d)2.–3.
• Confirmation and Record: There’s a concern “what if my email went to spam?” The law addresses this: if the association provides an affidavit that a board member, manager, or other agent checked all email folders (inbox, spam, junk) of the designated email address, then it’s presumed they didn’t miss any votes. So if you claim “I sent my ballot and it wasn’t counted,” the association can show this affidavit to defend themselves. For owners, the tip is: maybe request a read receipt or follow-up if you email your vote to ensure it was received. The association might also send a confirmation email back, though not required.
• Retention: Your emailed ballot is an official record (as ballots always are) and will be kept for at least a year. It will have your name on it (secrecy waived), so theoretically other owners could inspect it as part of election materials (just as they can see sign-in sheets and proxies). See Fla. Stat. § 718.128(1)(d)4.; § 718.111(12)(a)1.

Benefits of Enhanced Voting Options

These changes mean it’s easier than ever to participate in votes:

• If 25% want fully online voting (with a portal that could still keep votes anonymous and secure), they can make it happen. This is ideal for big votes like amendments or competitive board elections.
• Even without that, you can simply email your ballot or limited proxy (following the instructions) and not worry about snail mail or fax or finding someone to carry it. This especially helps second-home owners or those who travel.

Expect associations to send detailed instructions if they’re using email voting. They might, for example, include a special ballot form in an email, which you fill out and email back with the required text. Or they might allow a certain format of email that constitutes your vote.

Keep in mind: Electronic voting is optional for each owner. If you do nothing, you can still vote by paper as before. If you do opt in to the association’s online voting system, you can later opt out (with 

Big picture for owners: Lack of participation is a problem in many condos (not getting quorums, etc.). Now you can attend virtually and vote with a few clicks. This should lead to higher turnout and more representative decision-making. Make sure the association has your correct email if you want to benefit from these changes. And always read the instructions they send — for instance, typing the waiver statement in your email is crucial; if you leave it out, your vote might not count because it wouldn’t meet the statute’s requirements.

At Perez Mayoral, P.A., we represent Florida homeowners and condo unit owners in disputes with their associations. Whether you’re dealing with damage to your unit, unfair treatment, or board misconduct, we help protect your rights and property.

Part 7: How Our Firm Helps Homeowners with Issues Related to HB 913

Property Damage and Structural Integrity Cases

We represent homeowners whose units have been damaged due to:

• Roof leaks, plumbing failures, or water intrusion from common elements
• Damage caused by construction defects or neighboring units
• The association’s failure to maintain the building’s structural components, such as slabs, exterior walls, balconies, or windows

Many of these issues relate directly to the maintenance and inspection obligations now emphasized in HB 913, which requires milestone inspections and structural integrity reserve studies. These new laws are meant to improve long-term safety, but in many cases, they’ve revealed serious deferred maintenance — or caused delays and damage during the inspection and repair process. We file demands and lawsuits to force repairs and pursue compensation, including for damage, loss of use, and rental income.

Governance Disputes and Fiduciary Violations

We also handle complex governance matters, including:

• Board misconduct, abuse of power, and conflicts of interest
• Improper or excessive special assessments, including those tied to reserve funding or milestone repairs
• Election irregularities, rule changes made without proper notice, and violations of owner rights
• Breach of fiduciary duty and failure to comply with the statutory duties clarified or expanded in HB 913

HB 913 introduced new safeguards to increase board transparency and oversight, and we help homeowners enforce those requirements when boards fall short.

Selective Enforcement and Foreclosure Defense

We defend against unfair enforcement actions and threats of foreclosure, including:

• Selective or inconsistent rule enforcement
• Fines, liens, and violations used as pressure tactics
• Foreclosure actions brought by the association for disputed charges or assessments

Legal Action at Every Stage

Our firm represents homeowners from the first signs of a dispute through trial if necessary:

• Pre-suit dispute resolution, arbitration, and mediation under Chapter 720 or 718
• Civil litigation in state or federal court
• Emergency motions, injunctions, and trial representation

If your association is neglecting its maintenance duties, damaging your unit, or abusing its authority, we can help you hold them accountable under Florida law — including the new rights and responsibilities clarified by HB 913.

Part 8: Full Text of the Bill

You can read the full text of House Bill 913 as enacted by the Florida Legislature here:
https://www.flsenate.gov/Session/Bill/2025/913/BillText/er/PDF

Conclusion and Summary

In summary, Florida’s HB 913 (2025) represents much-needed relief from some of the more stringent post-Surfside laws, providing a balanced approach that addresses the complex needs of different communities while working to make housing more affordable. This legislation enhances enforcement and safety while protecting homeowners from undisclosed conflicts of interest—a welcome and necessary step forward.

The key changes condo unit owners should be aware of include:

• Your board and manager are held to higher standards of licensing, financial care, and state oversight.
• Your building will be safer in the long run with mandated reserves for structural items and prompt inspections — and you have new ways to pay for these (loans or special assessments with approval) and a bit more time to implement them.
• You have greater insight into your association’s finances and operations — with more records available and online, more informative reports, and stricter rules against secrecy or inaction.
• Meetings and voting are more accessible — you can join via Zoom, vote online, and have a say in important budget decisions.

While HB 913 represents significant progress, much more work is likely needed to fully address the challenges facing Florida’s condominium communities. This is the type of work we handle daily at Perez Mayoral, P.A. Our law firm represents homeowners in disputes with their condominium associations and HOAs across Florida, handling issues ranging from maintenance issues and property damage to units, to governance problems, election disputes, selective enforcement matters, and more. We provide comprehensive representation from mediation through litigation in both state and federal courts throughout Florida.

Need Legal Help with Condo Issues?

If you’re facing disputes with your condo association—whether it’s maintenance issues, property damage, governance problems, election disputes, selective enforcement, or questions about these new HB 913 requirements—Perez Mayoral, P.A. can help. We represent Florida homeowners and condominium associations across the state, handling everything from pre-suit dispute resolution to litigation in both state and federal courts.

Call (866) 442-7954 or email [email protected] to schedule a consultation and learn how we can protect your rights under Florida’s evolving condo laws.