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A material alteration in a Florida condominium is a change to the common elements that palpably and appreciably affects their form, appearance, use, or function — more than ordinary upkeep or a simple like‑for‑like replacement. Under Section 718.113(2)(a), Fla. Stat., the material-alteration standard means a palpable change — more than ordinary wear,...

Mold is not treated as its own special category under Florida’s condominium statute, so the association’s duties usually come from the general maintenance and insurance rules in Section 718.113(1) and Section 718.111(11). But mold problems can also be addressed through other legal theories, like negligence, breach of the declaration, nuisance, or violations...

A Florida HOA or condominium association generally cannot use your governing documents to stop you from installing solar panels or other protected renewable‑energy devices on your home, or to force you to remove a solar system that is properly permitted, code‑compliant, and installed in a location protected by Florida Statute 163.04. However,...

Florida’s Homeowners’ Association Act, Chapter 720, establishes a recall right in section 720.303(10) that overrides conflicting provisions in the governing documents, subject to special rules that can apply while the developer still controls the association under section 720.307. The legislature placed this right directly in Section 720.303(10) to ensure that homeowners are...

Under Section 718.113(5), Fla. Stat., every Florida condominium board is required to adopt hurricane protection specifications for each building. The board may require installation by unit owners — or require it as a common expense — either by a majority vote of the voting interests of the condominium, or without a vote...

Florida’s Condominium Act, Chapter 718, distributes post-hurricane reconstruction responsibility through a layered statutory framework. The starting point is the association’s insurance obligation under Section 718.111(11)(f), Florida Statutes, which requires the association to maintain primary property insurance for all portions of the condominium property as originally installed or of like kind and quality,...

Chapter 720, the Florida Homeowners’ Association Act, establishes a detailed framework governing the association’s estoppel certificate obligation when a homeowner or mortgagee requests information in connection with a pending sale or refinancing. The estoppel certificate is the principal document through which an HOA communicates to a buyer, a title company, or a...

Chapter 718, the Florida Condominium Act, allocates maintenance duties, insurance obligations, reconstruction responsibilities, and access rights between the association and unit owners, and those layers interact with common-law negligence and premises-liability principles.

Section 718.113(1) places primary responsibility for maintaining the common elements on the association, subject to any valid reallocation of limited-common-element...

Chapter 720 of the Florida Statutes establishes both what records must be maintained and how the financial reporting obligations scale with association size. Two provisions are central to a parcel owner’s right to financial transparency. Florida law provides homeowners with important rights to access association records and financial information, and a Boynton...

A lot of business owners and individuals who’ve been on the wrong end of a broken contract focus on the most obvious loss. The money they’re directly out of pocket. But Florida breach of contract law recognizes a broader range of recoverable damages than most people realize, and understanding what’s actually available...