Florida Condo Reserve Waivers After 2024: Why Many Buildings Three Habitable Stories or Higher Can No Longer Waive SIRS‑identified reserves, and What That Means for Owners

Key Takeaways

• For a budget adopted on or after December 31, 2024, a unit-owner-controlled association required to obtain a structural integrity reserve study may not vote to waive or reduce reserves for the items identified in that study. See Section 718.112(2)(f)2., Fla. Stat.
• Reserve accounts must always include roof replacement, building painting, and pavement resurfacing no matter the cost, plus any other component whose deferred‑maintenance expense or replacement cost is at or above the inflation‑adjusted $25,000 threshold, with special rules for very long‑life items. See Section 718.112(2)(f)2.a., Fla. Stat.
• Any proxy question about waiving or reducing reserves must display a specific capitalized, bold warning statement in a font size larger than any other text on the ballot. See Section 718.112(2)(f)5., Fla. Stat.
• The division must annually adjust the $25,000 reserve threshold for inflation and publish the adjusted amount on its website by February 1 of each year. See Section 718.112(2)(f)6., Fla. Stat.
• Reserve funds may be used only for their authorized purpose unless a majority of the total voting interests approves another use, and unit-owner-controlled associations subject to the structural integrity reserve study requirement may not redirect those specific reserve funds at all for budgets adopted on or after December 31, 2024. See Section 718.112(2)(f)3., Fla. Stat.

In This Article

• Short Answer
• How Florida Law Handles This Issue
• Key Legal Rules
• Comparison Table: Pre-2024 Waiver Rule vs. 2024+ Prohibition for Buildings Three Stories or Taller
• How This Issue Typically Comes Up
• Common Mistakes Associations Make
• What Associations Typically Argue — and Why It Fails
• How the Statute Resolves This
• Edge Cases and Nuances
• What Homeowners Should Do
• When Legal Action May Be Necessary
• Actionable Summary Table
• Related Knowledge — Cross-Chapter Linking
• FAQ
• Key Terms Defined
• Conclusion
• About the Author
• Call to Action
• Disclaimer
• Sources

Short Answer

For budgets adopted on or after December 31, 2024, a unit-owner-controlled condominium association that is required to obtain a structural integrity reserve study may not vote to waive or reduce reserves for the items identified in that study. See Section 718.112(2)(f)2.b., Fla. Stat. Because most condominium buildings with three or more habitable stories must obtain a structural integrity reserve study, that prohibition generally ends waiver votes for the specific components identified in the SIRS under paragraph (g), such as structural elements and major building systems. Reserves for these items must now be funded at the level computed from estimated remaining useful life and estimated replacement or deferred-maintenance cost. See Section 718.112(2)(f)2.a., Fla. Stat. A Jacksonville, FL condo lawyer can help condominium associations and unit owners understand Florida’s reserve funding requirements, ensure compliance with structural integrity reserve study obligations, and resolve disputes involving budgets, reserve accounts, and statutory funding requirements.

How Florida Law Handles This Issue

Section 718.112(2)(f)2.a., Florida Statutes, establishes the required reserve accounts and the funding formula:

“In addition to annual operating expenses, the budget must include reserve accounts for capital expenditures and deferred maintenance. These accounts must include, but are not limited to, roof replacement, building painting, and pavement resurfacing, regardless of the amount of deferred maintenance expense or replacement cost, and any other item that has a deferred maintenance expense or replacement cost that exceeds $25,000 or the inflation-adjusted amount determined by the division under subparagraph 6., whichever is greater. The amount to be reserved must be computed using a formula based upon estimated remaining useful life and estimated replacement cost or deferred maintenance expense of the reserve item.”

Section 718.112(2)(f)2.b., Florida Statutes, states the prohibition on waiving SIRS-related reserves for budgets adopted on or after December 31, 2024:

“The members of a unit-owner-controlled association may determine, by a majority vote of the total voting interests of the association, to provide no reserves or less reserves than required by this subsection. For a budget adopted on or after December 31, 2024, the members of a unit-owner-controlled association that must obtain a structural integrity reserve study may not determine to provide no reserves or less reserves than required by this subsection for items listed in paragraph (g), except that members of an association operating a multicondominium may determine to provide no reserves or less reserves than required by this subsection if an alternative funding method has been approved by the division.”

Section 718.112(2)(f)3., Florida Statutes, addresses restrictions on the use of reserve funds once collected:

“Reserve funds and any interest accruing thereon shall remain in the reserve account or accounts, and may be used only for authorized reserve expenditures unless their use for other purposes is approved in advance by a majority vote of all the total voting interests of the association. Before turnover of control of an association by a developer to unit owners other than the developer pursuant to s. 718.301, the developer-controlled association may not vote to use reserves for purposes other than those for which they were intended. For a budget adopted on or after December 31, 2024, members of a unit-owner-controlled association that must obtain a structural integrity reserve study may not vote to use reserve funds, or any interest accruing thereon, for any other purpose other than the replacement or deferred maintenance costs of the components listed in paragraph (g).”

Section 718.112(2)(f)5., Florida Statutes, requires a mandatory warning statement on any proxy ballot addressing reserve waivers:

“The only voting interests that are eligible to vote on questions that involve waiving or reducing the funding of reserves, or using existing reserve funds for purposes other than purposes for which the reserves were intended, are the voting interests of the units subject to assessment to fund the reserves in question. Proxy questions relating to waiving or reducing the funding of reserves or using existing reserve funds for purposes other than purposes for which the reserves were intended must contain the following statement in capitalized, bold letters in a font size larger than any other used on the face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.”

Section 718.112(2)(f)6., Florida Statutes, requires the division to adjust and publish the reserve threshold annually:

“The division shall annually adjust for inflation, based on the Consumer Price Index for All Urban Consumers released in January of each year, the minimum $25,000 threshold amount for required reserves. By February 1, 2026, and annually thereafter, the division must conspicuously post on its website the inflation-adjusted minimum threshold amount for required reserves.”

Key Legal Rules

Rule 1: The 2024 Waiver Prohibition Applies to SIRS-Required Associations

Rule: For a budget adopted on or after December 31, 2024, a unit-owner-controlled association that must obtain a structural integrity reserve study may not vote to provide no reserves or reduced reserves for the SIRS-identified items in paragraph (g). See Section 718.112(2)(f)2.b., Fla. Stat.

Exception: Members of a multicondominium association may still approve no reserves or reduced reserves if an alternative funding method has been approved by the division.

Application: A Miami-Dade oceanfront condominium that has waived roof reserves for fifteen years can no longer do so for any budget adopted after the December 31, 2024 cutoff, once the building is subject to the structural integrity reserve study requirement.

Rule 2: Buildings With Three or More Habitable Stories Generally Trigger the SIRS Requirement

Rule: Because the structural integrity reserve study requirement applies to most condominium buildings with three or more habitable stories, subject to specific statutory exemptions, the reserve‑waiver prohibition in Section 718.112(2)(f)2.b., Fla. Stat., applies to the SIRS‑identified reserve items for those qualifying buildings.

Exception: Buildings below the three-story threshold that are not otherwise required to obtain a structural integrity reserve study remain subject to the pre-2024 waiver mechanism, allowing waiver or reduction by majority vote.

Application: A Tampa four-story association that obtained its first structural integrity reserve study in November 2024, identifying $2.3 million in deferred maintenance, cannot waive any of the SIRS-identified reserve items in its 2025 budget or thereafter.

Rule 3: Reserve Items Are Defined by Cost Threshold and Formula

Rule: Reserve accounts must include roof replacement, building painting, and pavement resurfacing regardless of cost, plus any item whose deferred maintenance or replacement cost exceeds $25,000 or the inflation-adjusted threshold, computed using estimated remaining useful life and estimated replacement or deferred-maintenance cost. See Section 718.112(2)(f)2.a., Fla. Stat.

Exception: For items with a useful life that is not readily ascertainable or exceeding 25 years, the association need not reserve replacement cost, but must still reserve any deferred-maintenance expense recommended by the structural integrity reserve study.

Application: A Broward association’s structural integrity reserve study identifying $40,000 in deferred waterproofing expenses must include that item in reserves because it exceeds the $25,000 threshold, regardless of the item’s remaining useful life.

Rule 4: Reserve Funds Are Restricted to Their Intended Use

Rule: Reserve funds may be used only for authorized reserve expenditures, and for budgets adopted on or after December 31, 2024, SIRS-obligated associations may not redirect reserve funds to any purpose other than replacement or deferred maintenance of the items listed in paragraph (g). See Section 718.112(2)(f)3., Fla. Stat.

Exception: A majority vote of all total voting interests may approve using non-SIRS reserve funds for a different purpose; this flexibility does not extend to SIRS-required reserves for qualifying associations after the 2024 cutoff.

Application: A Miami-Dade board that attempts to redirect roof-reserve funds identified in its structural integrity reserve study toward a clubhouse renovation cannot do so for any budget adopted after December 31, 2024.

Rule 5: Mandatory Warning Language on Reserve-Waiver Proxy Ballots

Rule: Any proxy question involving a waiver or reduction of reserves, or an alternative use of existing reserve funds, must display a specific capitalized, bold warning statement in the largest font size on the ballot. See Section 718.112(2)(f)5., Fla. Stat.

Exception: Only the voting interests of units subject to assessment for the reserves in question are eligible to vote on that specific waiver or reduction question.

Application: A Tampa association’s proxy ballot addressing a proposed reserve reduction that omits the required capitalized warning statement fails a mandatory statutory formatting requirement, independent of whether the underlying vote would otherwise have been permissible.

Rule 6: The $25,000 Threshold Adjusts Annually for Inflation

Rule: The division must annually adjust the $25,000 reserve threshold based on the Consumer Price Index and publish the adjusted amount on its website by February 1 of each year, beginning February 1, 2026. See Section 718.112(2)(f)6., Fla. Stat.

Exception: None — the annual adjustment and posting obligation is mandatory and administrative, not subject to board or membership discretion.

Application: An owner evaluating whether a particular deferred-maintenance item should have been reserved should confirm the current inflation-adjusted threshold on the division’s website rather than relying on the original $25,000 figure.

Comparison Table: Pre-2024 Waiver Rule vs. 2024+ Prohibition for Buildings Three Stories or Taller

Feature	Pre-2024 Waiver Rule	2024+ Rule for SIRS-Obligated Buildings (3+ Stories)
Statutory Basis	Section 718.112(2)(f)2.b., Fla. Stat. (general waiver authority)	Section 718.112(2)(f)2.b., Fla. Stat. (SIRS carve-out, budgets on/after 12/31/2024)
Can Members Waive Reserves?	Yes, by majority vote of total voting interests	No, for SIRS-identified items — waiver vote is prohibited
Multicondominium Exception	Not applicable — general waiver rule governs	Allowed only if division-approved alternative funding method exists
Redirecting Reserve Funds	Permitted by majority vote of total voting interests	Prohibited for SIRS-listed items — funds locked to replacement/deferred maintenance
Practical Assessment Impact	Lower near-term assessments; deferred funding risk	Higher near-term assessments; full funding required for SIRS items
Ballot Disclosure	Capitalized warning statement required on waiver proxy ballots	Same disclosure requirement applies to any remaining permissible waiver vote

How This Issue Typically Comes Up

Scenario 1: The Long-Deferred Roof Reserve

A Miami-Dade oceanfront condominium has routinely voted to waive roof reserves for fifteen years, keeping assessments artificially low. Once the building’s structural integrity reserve study is completed and the association is subject to the December 31, 2024 budget cutoff, Section 718.112(2)(f)2.b., Fla. Stat., prohibits any further waiver of that roof reserve item. The 2025 budget must fully fund the reserve according to the study’s remaining-useful-life and replacement-cost formula, and per-unit assessments increase sharply as a direct result.

Scenario 2: The First SIRS Reveals Millions in Deferred Maintenance

A Tampa four‑story association obtains its first structural integrity reserve study in November 2024, identifying $2.3 million in deferred maintenance across structural, waterproofing, and plumbing components. Section 718.112(2)(f)2.b., Fla. Stat., prohibits any future vote to waive or reduce those SIRS‑identified reserves for budgets adopted on or after December 31, 2024, and Section 718.112(2)(f)3 separately restricts how those reserve funds may be used. Owners who previously relied on waiver votes to minimize assessments now face full funding obligations tied directly to the study’s findings.

Scenario 3: The Board Attempts a Reduction Vote Anyway

A Broward association’s board schedules a members’ meeting in February 2026 to vote on reducing reserve funding for SIRS-identified items. For any building three stories or taller subject to the structural integrity reserve study requirement, Section 718.112(2)(f)2.b., Fla. Stat., makes that vote legally ineffective for a budget adopted after the December 31, 2024 cutoff — the statute does not authorize the membership to approve the reduction regardless of the vote’s outcome.

Common Mistakes Associations Make

• Continuing to place reserve-waiver questions for SIRS-identified items on proxy ballots after the December 31, 2024 cutoff, unaware that the vote is no longer legally effective for qualifying associations.
• Failing to recompute reserve funding using the statutory formula — estimated remaining useful life plus estimated replacement cost or deferred maintenance expense — once a structural integrity reserve study is completed.
• Omitting the required capitalized, bold warning statement from proxy ballots addressing any reserve waiver or reduction question, in violation of Section 718.112(2)(f)5., Fla. Stat.
• Attempting to redirect SIRS-designated reserve funds toward unrelated capital projects without recognizing the post-2024 use restriction in Section 718.112(2)(f)3., Fla. Stat.
• Relying on the original $25,000 reserve threshold without checking the division’s annually posted inflation-adjusted figure.
• Assuming the multicondominium alternative-funding exception applies automatically, without confirming that the division has actually approved an alternative funding method for that association.

What Associations Typically Argue — and Why It Fails

Argument 1: “The Membership Voted to Reduce Reserves, So the Reduction Is Valid”

A board may point to a membership vote approving reduced reserve funding as proof the reduction is authorized. That argument fails for a SIRS-obligated association and a budget adopted on or after December 31, 2024, because Section 718.112(2)(f)2.b., Fla. Stat., removes the membership’s authority to approve that reduction for SIRS-identified items in the first place. A vote cannot restore authority the statute has eliminated.

Argument 2: “We Are a Small Association and the Rule Only Targets High-Rises”

Associations sometimes argue that the reserve-waiver prohibition was intended only for large coastal towers, not smaller buildings. The statute’s trigger is the structural integrity reserve study requirement, tied to building height (three stories or taller) rather than unit count or perceived building risk profile. See Section 718.112(2)(f)2.b., Fla. Stat. A modest four-story building that meets the height threshold is subject to the same prohibition as a forty-story tower.

Argument 3: “The Funds Are Just Being Moved, Not Eliminated”

A board may argue that redirecting SIRS reserve funds to a different capital project does not amount to a waiver because the money remains within the association’s control. Section 718.112(2)(f)3., Fla. Stat., independently restricts the use of reserve funds for the paragraph (g) components in a unit‑owner‑controlled association that must obtain a SIRS, limiting those funds to the replacement or deferred maintenance of those specific items. Redirecting those SIRS reserves to a different purpose violates this use restriction even if no formal “waiver” vote occurs, although non‑SIRS reserves may still be redirected with proper membership approval.

Argument 4: “The Milestone Inspection Pause Provision Covers This Situation”

Associations sometimes conflate the temporary reserve-contribution pause available after a recent milestone inspection with the separate reserve-waiver prohibition. The milestone‑inspection reserve‑contribution pause is a separate, narrow, and time‑limited mechanism created by statute that allows certain qualifying associations to temporarily pause or reduce some reserve contributions in order to fund repairs recommended by a recent milestone inspection, subject to detailed statutory conditions. It does not apply to developer‑controlled associations or associations with less than one year of non‑developer owner control and does not create any general exception to the SIRS reserve‑waiver prohibition in Section 718.112(2)(f)2.b., Fla. Stat., so boards should treat it as a limited tool rather than a way to avoid full funding of SIRS‑identified reserves.

How the Statute Resolves This

Section 718.112(2)(f) resolves the reserve-waiver question by tying the prohibition to an objective trigger: whether the association must obtain a structural integrity reserve study, which in turn generally depends on building height of three stories or taller. See Section 718.112(2)(f)2.b., Fla. Stat. Once that trigger applies, and once a qualifying budget is adopted on or after December 31, 2024, the statute removes the membership’s authority to waive or reduce reserves for the items the study identifies — no vote, however lopsided, can restore that authority.

The statute resolves the funding-amount question with a fixed formula: estimated remaining useful life plus estimated replacement cost or deferred maintenance expense, applied to any item at or above the inflation-adjusted $25,000 threshold. See Section 718.112(2)(f)2.a., Fla. Stat. It resolves the fund-use question by locking SIRS-designated reserves to their designated purpose for qualifying associations after the 2024 cutoff. See Section 718.112(2)(f)3., Fla. Stat.

For the Miami-Dade owner facing a sharp assessment increase after years of waived roof reserves, the statute resolves the underlying dispute in the association’s favor procedurally — full funding is now mandatory — but it also gives owners a clear compliance benchmark: any board that continues to underfund SIRS-identified reserves after the applicable cutoff is operating outside the statute, not within a range of permissible discretion.

Edge Cases and Nuances

The Multicondominium Alternative-Funding Exception

Section 718.112(2)(f)2.b., Fla. Stat., preserves a narrow exception for associations operating a multicondominium: those members may still approve no reserves or reduced reserves if the division has approved an alternative funding method. This exception requires affirmative division approval — it is not available simply because an association happens to operate multiple condominiums.

Long Useful-Life Items Do Not Escape the Deferred-Maintenance Reserve

For items with a useful life that is not readily ascertainable or exceeding 25 years, an association is not required to reserve full replacement costs, but it must still reserve any deferred-maintenance expense the structural integrity reserve study recommends for that item. An owner should not assume a long-useful-life classification eliminates reserve funding altogether.

The Milestone-Inspection Pause Is Temporary and Narrow

Under current Florida law, a condominium board that has recently completed a milestone inspection may, if it meets all statutory requirements and obtains the required owner approval, temporarily pause or reduce certain reserve contributions for a limited number of future budgets in order to fund repairs identified in that inspection. The detailed timing limits, qualifying inspection window, and cut‑off dates are set by statute and may change over time, this option does not apply to developer‑controlled associations or associations with less than one year of non‑developer owner control, and any association using this pause must still comply with the structural integrity reserve study requirements before returning to normal reserve funding.

Habitability Emergencies Allow a Separate, Narrow Reserve Pause

When a condominium building is officially declared uninhabitable by the local building official due to a qualifying emergency, recent Florida law gives certain boards limited authority to temporarily pause or reduce some reserve contributions and to use reserve funds to restore habitability, subject to strict statutory conditions and time limits. This emergency tool is different from a membership vote to waive reserves, and boards should rely on the exact statutory language and their association counsel before using it.

What Homeowners Should Do

1. Request a copy of the association’s most recent structural integrity reserve study and confirm whether the building is subject to the SIRS requirement based on its height and structure.

2. Review the proposed annual budget’s reserve schedule against the study’s findings to confirm that SIRS-identified items are funded at the required level.

3. Check any proxy ballot addressing reserves for the mandatory capitalized, bold warning statement required by Section 718.112(2)(f)5., Fla. Stat.

4. If the association proposes to waive or reduce SIRS-identified reserves for a budget adopted on or after December 31, 2024, object in writing and cite Section 718.112(2)(f)2.b., Fla. Stat.

5. Request the division’s current inflation-adjusted reserve threshold to confirm which deferred-maintenance items must be reserved.

6. Request board meeting minutes and financial records under Section 718.111(12), Fla. Stat., to verify how reserve funds are actually being used.

7. Consult a homeowner-side attorney if the board continues to underfund or redirect SIRS-identified reserves despite a written objection, particularly where deferred maintenance has already caused property damage.

When Legal Action May Be Necessary

If a board adopts a budget that unlawfully waives or reduces SIRS‑identified reserves for a qualifying association after the December 31, 2024 cutoff, or redirects SIRS‑designated reserve funds to an unauthorized purpose in violation of Section 718.112(2)(f)3., Fla. Stat., owners should strongly consider formal enforcement options. A unit owner may bring an action under Section 718.303(1), Fla. Stat., for damages and injunctive relief compelling compliance and, if they prevail, may recover reasonable attorney’s fees; in many cases, written demands, DBPR complaints, or other non‑litigation steps may also be appropriate before filing suit.

Legal action is also appropriate when chronic reserve underfunding results in deferred maintenance that damages a unit’s interior, or when the association’s failure to maintain a common element causes water intrusion, structural issues, or other property damage. In that circumstance, reserve non-compliance is often only one part of a broader claim involving the association’s maintenance obligations under the declaration.

Actionable Summary Table

Issue	Statutory Rule	Homeowner Action
Board proposes to waive SIRS reserves post-2024	Section 718.112(2)(f)2.b. — waiver prohibited	Object in writing before the vote; cite the statute
Reserve amount looks understated	Section 718.112(2)(f)2.a. — remaining life + cost formula	Request the SIRS report and reserve calculation
Proxy ballot omits warning statement	Section 718.112(2)(f)5. — mandatory disclosure	Challenge the ballot’s validity
Reserve funds redirected to non-SIRS project	Section 718.112(2)(f)3. — use restriction	Demand records; pursue Section 718.303(1) action
Deferred maintenance damages a unit	Declaration maintenance obligations; negligence principles	Document damage; consult counsel promptly

Related Knowledge — Cross-Chapter Linking

Chapter 720 Equivalent: Homeowners associations governed by Chapter 720, Fla. Stat., follow a separate reserve‑waiver framework under Section 720.303(6), Fla. Stat., which permits waiver or reduction of certain reserves by membership vote but does not use the same building‑height‑based structural integrity reserve study trigger or SIRS waiver prohibition that applies to condominiums under Section 718.112(2)(f). The 2024 SIRS reserve‑waiver prohibition is specific to qualifying condominiums, and HOAs must instead follow the distinct reserve rules in Chapter 720.

Structural Integrity Reserve Study Requirement: The obligation to obtain a structural integrity reserve study for buildings three stories or taller is addressed in Section 718.112(2)(g), Fla. Stat., and directly determines which associations fall within the reserve-waiver prohibition discussed in this article.

Insurance Interplay: Reserve underfunding compounds risk when combined with inadequate property insurance. An association’s obligations regarding adequate property insurance are addressed separately under Section 718.111(11)(a), Fla. Stat., and owners facing both reserve and insurance shortfalls face materially greater exposure to unanticipated special assessments.

Records and Enforcement: Reserve computations, structural integrity reserve study reports, and budget records are official records subject to inspection under Section 718.111(12), Fla. Stat. The general civil right of action under Section 718.303(1), Fla. Stat., is the enforcement mechanism for a board’s failure to comply with the reserve-funding and reserve-use requirements of Section 718.112(2)(f).

FAQ

Q: Can a condominium association still waive reserves at all after 2024?

A: A unit-owner-controlled association not subject to the structural integrity reserve study requirement may still waive or reduce reserves by majority vote of the total voting interests. See Section 718.112(2)(f)2.b., Fla. Stat. However, an association that must obtain a structural integrity reserve study — generally because its building is three stories or taller — may not waive or reduce reserves for the items identified in that study for a budget adopted on or after December 31, 2024.

Q: What items must be included in a condominium’s reserve accounts?

A: Reserve accounts must include roof replacement, building painting, and pavement resurfacing regardless of cost, plus any other item whose deferred maintenance expense or replacement cost exceeds $25,000 or the inflation-adjusted amount published by the division, whichever is greater. See Section 718.112(2)(f)2.a., Fla. Stat.

Q: Can the board redirect reserve funds to pay for an unrelated capital project?

A: Only with membership approval by majority vote of all total voting interests for non-SIRS reserves. See Section 718.112(2)(f)3., Fla. Stat. For a unit-owner-controlled association that must obtain a structural integrity reserve study, reserve funds for SIRS-identified items may not be used for any purpose other than the replacement or deferred maintenance of those specific components, for budgets adopted on or after December 31, 2024.

Q: How is the $25,000 reserve threshold adjusted over time?

A: The division must annually adjust the $25,000 threshold for inflation based on the Consumer Price Index for All Urban Consumers and must conspicuously post the adjusted amount on its website by February 1 of each year, beginning February 1, 2026. See Section 718.112(2)(f)6., Fla. Stat.

Q: What can an owner do if the association’s proxy ballot on reserves omits the required warning language?

A: The owner can object in writing citing Section 718.112(2)(f)5., Fla. Stat., which requires a specific capitalized, bold warning statement on any proxy question involving a reserve waiver, reduction, or alternative use of reserve funds. A ballot that omits this statement does not comply with the statute’s mandatory format requirement.

Key Terms Defined

Structural Integrity Reserve Study (SIRS): An engineering-based study of specified building components, required for qualifying condominium buildings, that determines the remaining useful life and replacement or deferred-maintenance cost of those components. Its findings determine which reserve items fall within the 2024 waiver prohibition under Section 718.112(2)(f)2.b., Fla. Stat.

Unit-Owner-Controlled Association: An association in which control has transferred from the developer to unit owners other than the developer under Section 718.301, Fla. Stat. Only unit-owner-controlled associations may vote to waive or reduce reserves, and that authority is restricted for SIRS-obligated associations after the 2024 cutoff.

Reserve Waiver: A membership vote to provide no reserves, or less than the statutorily required reserves, for one or more reserve items. See Section 718.112(2)(f)2.b., Fla. Stat. This mechanism remains available for non-SIRS items but is prohibited for SIRS-identified items in qualifying associations after December 31, 2024.

Deferred Maintenance Expense: The cost associated with maintenance that has been postponed on a reserve item, as distinct from the cost of full replacement. Structural integrity reserve studies quantify this figure for components with long remaining useful lives. See Section 718.112(2)(f)2.a., Fla. Stat.

Inflation-Adjusted Threshold: The annually updated dollar figure, beginning from a $25,000 base, that determines which deferred-maintenance or replacement-cost items must be included in reserves. Published by the division each February 1. See Section 718.112(2)(f)6., Fla. Stat.

Conclusion

Section 718.112(2)(f), Fla. Stat., prohibits a unit-owner-controlled condominium association that must obtain a structural integrity reserve study from waiving or reducing reserves for the items that study identifies, for any budget adopted on or after December 31, 2024, and this prohibition applies regardless of how the membership votes.

Call Us Today!

If your condominium association has waived or reduced reserves for structural integrity reserve study items in violation of Section 718.112(2)(f), Fla. Stat., or has redirected reserve funds away from their intended purpose, you have the right to demand compliance and to pursue enforcement. If the association’s failure to maintain a common element causes damage inside your unit, you may have a claim against the association for breach of the declaration and negligence, in addition to any insurance benefits, and our firm handles these cases for Florida condominium owners.

We represent homeowners only. We never represent associations.

Perez Mayoral, P.A. serves unit owners from offices in Coral Gables, Tampa, and Orlando.

Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. The information contained in this article is not a substitute for advice from a licensed Florida attorney. Reading this article does not create an attorney-client relationship. Laws change; confirm all statutory citations for your specific situation with a licensed Florida attorney.

Sources

Section 718.112(2)(f), Fla. Stat. (Annual Budget and Reserves) — Florida Statutes: https://www.flsenate.gov/Laws/Statutes/2025/718.112

Section 718.111(11)-(12), Fla. Stat. (Insurance; Official Records) — Florida Statutes: https://www.flsenate.gov/Laws/Statutes/2025/718.111

Section 718.303(1), Fla. Stat. (Civil Right of Action) — Florida Statutes: https://www.flsenate.gov/Laws/Statutes/2025/718.303

Section 553.899, Fla. Stat. (Milestone Inspections) — Florida Statutes: https://www.flsenate.gov/Laws/Statutes/2025/553.899