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A Florida condominium management or maintenance contract must be in writing and must specify the services provided, the reimbursable costs, the frequency of performance, minimum staffing, and any financial or ownership interest a board member or management party holds with the contracting party. See Section 718.3025(1), Fla. Stat. Any service or obligation...

Florida law generally shields HOA and condominium association directors from personal monetary liability for their business decisions. See Section 607.0831(1), Fla. Stat. That shield is not absolute: if a director’s breach of duty constitutes a criminal violation, an improper personal benefit, Section 607.0834 statutory liability, conscious disregard or willful misconduct, or recklessness...

No. A Florida condominium unit owner cannot withhold assessments as a response to a dispute with the association. Section 718.116(1)(a), Fla. Stat., imposes unconditional liability for all assessments that come due while the owner holds title, and Section 718.116(2), Fla. Stat., provides that assessment liability cannot be avoided by waiver of use...

Florida law entitles members of a homeowners’ association to elect a majority of the board of directors when the earliest of six statutory events occurs. See Section 720.307(1), Fla. Stat. The most common trigger is three months after 90 percent of parcels in all phases of the community have been conveyed to...

Florida law prohibits a condominium association from making any material alteration or substantial addition to common elements unless the declaration specifies an approval procedure — or, if the declaration is silent, 75 percent of the total voting interests of the association must approve the change before it begins. See Section 718.113(2)(a), Fla....

Florida law permits a homeowners’ association to impose fines and suspend common-area use privileges only after following a mandatory multi-step procedure. See Section 720.305(2), Fla. Stat. The process requires at least 14 days’ written notice, a hearing before an independent committee of at least three qualified association members, and a majority vote...

A homeowner cannot simply file suit against their association the very moment a disagreement first arises between the two parties. Under Florida Statute Section 720.311, disputes between a homeowners association and a parcel owner regarding use of or changes to the parcel or the common areas, and disputes involving the association’s failure...

Under Florida law, a person who acquires title to a condominium unit — including by purchase at a foreclosure sale — is jointly and severally liable with the prior owner for all unpaid assessments that accrued before the transfer. See Section 718.116(1)(a), Fla. Stat. The main statutory cap on pre‑transfer assessments applies...

Homeowners association fees have become one of the largest recurring costs of owning property in Southwest Florida. For many buyers and longtime residents, monthly dues now compete with other major items in the household budget. Knowing what these fees cover, and where owners hold rights, matters more than it used to.

The...

Florida HOA board members owe a fiduciary duty to the homeowners they serve under Section 720.303(1), Fla. Stat., which incorporates the director standards of Section 617.0830. When a director engages in self-dealing — awarding contracts, approving payments, or directing association resources to entities in which the director has a financial interest —...