Florida Condominium Unit Owner Bill Of Rights
POSTED ON October 4, 2025
At Perez Mayoral, P.A., we represent condominium unit owners and homeowners—not associations or management companies. Florida law provides significant rights to condo owners, but many residents are unaware of these protections or how to enforce them when associations fail to comply with their legal obligations. If an association or management company is violating your rights, our Naples, FL condo lawyer is available to help.
Unlike some states, Florida does not have a single, consolidated “Condominium Owner Bill of Rights” statute. Instead, your rights as a unit owner are scattered throughout Florida Statutes Chapter 718 (the Condominium Act), the Florida Administrative Code (Chapters 61B-15 through 61B-24), and various case law decisions. This fragmented structure makes it difficult for owners to understand the full scope of their legal protections, which is exactly why we created this comprehensive guide.
Our firm has extensive experience representing unit owners in disputes with condominium associations throughout Florida. We understand both the technical requirements of Florida’s Condominium Act and the practical realities of condominium living. This guide consolidates your fundamental rights as a Florida condominium owner into one easy-to-reference document, with specific legal citations so you can verify each protection under state law.
Meetings And Notices
Your Right To Regular Board Meetings
In residential condominiums with more than 10 units, the board must meet at least once each quarter. At least four times per year, the meeting agenda must include an opportunity for you to ask questions of the board.
Legal Source: Florida Statutes Section 718.112(2)(c)
Your Right To Notice Of Board Meetings
Notices of board and committee meetings must be posted conspicuously on the association property at least 48 hours before meetings, except in valid emergencies.
Legal Source: Florida Statutes Section 718.112(2)(c)
Your Right To Attend Board And Committee Meetings
You may attend board and committee meetings, except meetings to discuss personnel matters or meetings between the board or committee and the association’s attorney regarding proposed or pending litigation when the meeting is held to seek or render legal advice.
Legal Source: Florida Statutes Section 718.112(2)(c)
Your Right To Notice Of Special Assessment Or Rule Change Meetings
You must receive notice of meetings where the board will consider special assessments or changes to rules concerning unit use. Notice must be by mail, electronic transmission, or personal delivery and posted on the condominium property at least 14 continuous days in advance.
Legal Source: Florida Statutes Section 718.112(2)(c)
Your Right To Notice Of Annual Meetings
You must receive written notice of the annual meeting that includes an agenda, by mail, electronic transmission, or personal delivery and by posting on the condominium property at least 14 continuous days in advance.
Legal Source: Florida Statutes Section 718.112(2)(d)2
Your Right To Notice Of Budget Meetings
You must receive at least 14 days’ advance notice of a budget meeting, along with a copy of the proposed annual budget, by mail, electronic transmission, or personal delivery. A budget must be proposed and adopted no later than 14 days before the beginning of the fiscal year.
Legal Source: Florida Statutes Section 718.112(2)(e)
Your Right To Notice Of Legal Actions
You must receive notice of any legal action by which the association may be exposed to liability in excess of insurance coverage so that you may intervene and defend on your own behalf.
Legal Source: Florida Statutes Section 718.119(3)
Your Right To Speak At Meetings
You may speak at board, committee, and annual meetings subject to reasonable restrictions, and you have the right to ask questions relating to reports on the status of construction or repair projects, the status of revenues and expenditures during the current fiscal year, and other issues affecting the condominium.
Legal Source: Florida Statutes Section 718.112(2)(c); Florida Administrative Code Rule 61B-23.002(9)
Your Right To Record Meetings
You may record board, committee, or unit owner meetings subject to reasonable restrictions.
Legal Source: Florida Statutes Section 718.112(2)(c); Florida Administrative Code Rule 61B-23.002(10)
Your Right To Notice Of Assessment Meetings
You must receive notice of any meeting where regular or special assessments against unit owners will be considered. The notice must specifically state that assessments will be considered and provide the estimated cost and description of the purposes for such assessments. If an agenda item relates to approval of a contract for goods or services, a copy of the contract must be provided with the notice or made available for inspection and copying upon written request, or made available on the association’s website or through a mobile application.
Legal Source: Florida Statutes Section 718.112(2)(c)3
Your Right To Notice Before Fines Or Use Right Suspensions
You must receive notice of a possible levy of a fine or suspension of use rights for a document violation at least 14 days prior to the meeting, with an opportunity for a hearing before a committee of other unit owners before the board can impose the fine or suspension.
Legal Source: Florida Statutes Section 718.303(3)
Your Right To Structural Integrity Reserve Study Notice
Within 45 days after receiving the structural integrity reserve study (SIRS), the association must distribute a copy of the study to you or deliver notice that the completed study is available for inspection and copying upon written request.
Legal Source: Florida Statutes Section 718.112(2)(f)
Your Right To Milestone Inspection Notices
Within 14 days after receipt of written notice that a milestone inspection is required, the association must notify you and provide the date the inspection must be completed.
Legal Source: Florida Statutes Section 718.301
Your Right To Milestone Inspection Reports
Within 45 days after receiving a phase one or two milestone inspection report, the association must distribute a copy of the inspector-prepared summary report to you by mail or personal delivery. The association must also post a copy in a conspicuous place on the condominium property and, if applicable, on the website.
Legal Source: Florida Statutes Section 718.301
Elections
Your Right To First Notice Of Election
You must receive the first notice of an election no less than 60 days prior to the election either by mail or personal delivery.
Legal Source: Florida Statutes Section 718.112(2)(d)4.a; Florida Administrative Code Rule 61B-23.0021(4)
Your Right To Submit Your Candidacy
You may submit your name in writing as a candidate for election to the board no less than 40 days prior to the election.
Legal Source: Florida Statutes Section 718.112(2)(d)2; Florida Administrative Code Rule 61B-23.0021(5)
Your Right To Submit Candidate Information
You may submit a candidate information sheet no less than 35 days prior to the election.
Legal Source: Florida Statutes Section 718.112(2)(d)4.a; Florida Administrative Code Rule 61B-23.0021(7)
Your Right To Second Notice And Ballot
You must receive a second notice of the election, a ballot, an inner envelope, an outer envelope, and copies of any timely submitted candidate information sheets not less than 14 days or more than 34 days before the date of election either by mail or personal delivery.
Legal Source: Florida Statutes Section 718.112(2)(d)4.a; Florida Administrative Code Rule 61B-23.0021(8)
Your Right To Vote By Secret Ballot
You may vote for the board by written secret ballot or voting machine if there are more candidates than vacancies. If there are not more candidates than vacancies, the association is not required to hold an election.
Legal Source: Florida Statutes Section 718.112(2)(d)2; Florida Administrative Code Rule 61B-23.0021
Your Right To Vote By Proxy In Special Circumstances
You may vote for the board by limited or general proxy if different election procedures are approved by a majority of the total voting interests and are provided for in the association bylaws.
Legal Source: Florida Statutes Section 718.112(2)(d)
Your Right To Educated Board Directors
Directors of residential condominium associations must certify in writing that they have read the governing documents AND submit to the secretary a certificate of having satisfactorily completed the educational curriculum administered by the division or a division-approved condominium education provider. The education curriculum must be at least 4 hours long and include instruction on seven various topics. Board members must complete at least 1 hour of continuing education annually.
Legal Source: Florida Statutes Section 718.112(2)(d)
Voting Generally
Your Right To Use Proxies
Limited proxies and general proxies may be used to establish a quorum. Limited proxies must be used for votes to waive or reduce reserves; votes to waive financial reporting requirements; votes to amend the declaration; votes to amend the articles of incorporation or bylaws; and any other matter for which the statute requires or permits a vote of unit owners.
Legal Source: Florida Statutes Section 718.112(2)(b)2
Your Right To Recall Board Members
You may vote at a meeting or by written agreement with a majority of all unit owners to recall any board member.
Legal Source: Florida Statutes Section 718.112(2)(j); Florida Administrative Code Rules 61B-23.0027 and 61B-23.0028
Your Right To Electronic Voting Consent
You may consent to electronic voting in elections by using an electronic means of consent.
Legal Source: Florida Statutes Section 718.128
Your Right To Continue Electronic Voting
If the board authorizes online voting, the board must honor your request to vote electronically at all subsequent elections, unless you opt out of online voting.
Legal Source: Florida Statutes Section 718.128
Association Funds
Your Right To Annual Financial Reports
Within 90 days after the end of the fiscal year, or annually on a date provided in the bylaws, the association must prepare financial reports. Within 21 days after the final financial report is completed, but no later than 120 days after the end of the fiscal year (or other date provided in the bylaws), the association must deliver to you by mail or personal delivery a copy of the most recent financial report, or notice that a copy will be provided without charge within 5 business days after receipt of your written request. The type of financial report required depends on the association’s annual revenues:
- Under $150,000: Report of cash receipts and expenditures
- $150,000 to under $300,000: Compiled financial statement
- $300,000 to under $500,000: Reviewed financial statement
- $500,000 and above: Audited financial statement.
Legal Source: Florida Statutes Section 718.111(13); Florida Administrative Code Rule 61B-22.006
Your Right Against Lower-Level Financial Reporting
The association is prohibited from reducing the required type of financial statement (compiled, reviewed, or audited) for consecutive fiscal years.
Legal Source: Florida Statutes Section 718.111(13)
Your Right To An Annual Budget
Any meeting at which a proposed annual budget will be considered by the board or unit owners must be open to all unit owners. A budget must be proposed and adopted no later than 14 days before the beginning of the fiscal year. Budget meeting notice and budget must be mailed, delivered, or electronically transmitted not less than 14 days prior to the meeting to all unit owners.
Legal Source: Florida Statutes Section 718.112(2)(e)2.a and Section 718.112(2)(f)1
Your Right To Quarterly Assessment Payments
You may pay assessments on a quarterly or more frequent basis.
Legal Source: Florida Statutes Section 718.112(2)(g)
General Property And Use Rights
Your Right To Exclusive Ownership Of Your Unit
You have exclusive ownership and possession of your condominium unit.
Legal Source: Florida Statutes Section 718.103(27)
Your Right To Association Membership
You have membership in the association and full voting rights as provided in the declaration of condominium.
Legal Source: Florida Statutes Section 718.106(2)
Your Right To Use Common Elements Without Use Fees
You may use the common elements and association property without paying a use fee unless the declaration so provides, the unit owners by majority vote approve such a fee, or the charges relate to expenses incurred by an owner having exclusive use of the common element or association property.
Legal Source: Florida Statutes Section 718.111(4)
Your Right To Use Facilities With Guests
You may use the condominium’s common elements, common areas, and recreation facilities together with your invited guests, in accordance with the condominium documents and properly adopted rules and regulations of the association.
Legal Source: Florida Statutes Section 718.123
Your Right To Have The Association Maintain Common Elements And Pay For Damages
You have the right to have the association properly maintain, repair, and replace the common elements as required by law. The association is responsible for damage caused by its failure to maintain common elements. If damage to your property or person results from the association’s failure to comply with maintenance obligations, the association may be liable for such damages. You may bring an action against the association for its failure to comply with maintenance requirements under the statute and condominium documents.
Legal Source: Florida Statutes Section 718.113 and Section 718.303
Records And Information Access
Your Right To Inspect Association Records
You may inspect the association’s official records subject to reasonable rules adopted by the association. The association must make its records available within ten working days after receiving your written request. Your right to inspect includes the right to make or obtain copies at your reasonable expense. Records you may inspect include: meeting minutes, unit owner roster with addresses and unit designations, all contracts, insurance policies, ballots, building plans and specifications, all financial records, and the declaration, articles of incorporation, bylaws, and rules along with any amendments.
Legal Source: Florida Statutes Section 718.111(12); Florida Administrative Code Rule 61B-23.002
Your Right To Use Portable Devices To Copy Records
You may use a portable device such as a smartphone, tablet, portable scanner, or other technology capable of scanning or taking photographs to make electronic copies of official records instead of having the association provide copies. The association may not charge you for using your own portable device.
Legal Source: Florida Statutes Section 718.111(12)(c)
Your Right To Board Responses To Written Inquiries
You may receive a substantive written response to an inquiry submitted to the board by certified mail. The response must be sent within 30 days, or within 60 days if the board requests a legal opinion, or within 10 days of receiving the division’s advice if the board requests advice from the division.
Legal Source: Florida Statutes Section 718.112(2)(a)2
Legal Protections And Remedies
Your Right To Petition For Receivership
You may apply to the circuit court in the county where the condominium is located for a receiver if the association fails to fill board vacancies sufficient to constitute a quorum.
Legal Source: Florida Statutes Section 718.1124
Your Right To Dispute Resolution
You may participate in voluntary mediation or mandatory non-binding arbitration processes to resolve certain disputes.
Legal Source: Florida Statutes Section 718.1255; Florida Administrative Code Rule 61B-45
Your Right To Cancel Pre-Turnover Contracts
You may vote to cancel any grant, reservation, or contract made by an association prior to turnover of control to unit owners other than the developer.
Legal Source: Florida Statutes Section 718.302
Your Right To Bring Legal Action
You may bring action for damages or injunctive relief or both against the association, another unit owner, a tenant or invitee, or a director who willfully and knowingly fails to comply with Chapter 718 Florida Statutes, the applicable administrative rules, or the condominium documents.
Legal Source: Florida Statutes Section 718.303(1) and Section 718.1255; Florida Administrative Code Rule 61B-45
Responsibilities
Unit owners have the responsibility to:
- Pay common expenses: Pay your share of common expenses as defined in the statute and condominium documents.
Legal Source: Florida Statutes Sections 718.103(9), 718.115(2), and 718.116. - Use common elements properly: Use the common elements in a manner that will not hinder or infringe on the rights of other unit owners.
Legal Source: Florida Statutes Section 718.106(3). - Provide association access: Provide the association access to your unit during reasonable hours to maintain, repair, or replace common elements; prevent damage to common elements or other units; or maintain the unit as required by the declaration. Legal Source: Florida Statutes Section 718.111(5).
- Avoid harmful alterations: Not make any alterations to your unit that would adversely affect the safety or soundness of the common elements or any portion of the association or condominium property the association maintains.
Legal Source: Florida Statutes Section 718.113(3). - Comply with governing documents: Comply with Chapter 718 Florida Statutes, applicable administrative rules, the declaration of condominium, articles of incorporation, bylaws, and association rules.
Legal Source: Florida Statutes Sections 718.303(1) and (3). - Participate in meetings: Attend and participate in unit owner meetings.
- Attend board meetings: Attend board and committee meetings.
- Vote: Vote on issues presented for unit owner vote and elections.
- Cooperate with neighbors: Cooperate with other unit owners in day-to-day community life.
- Communicate with the board: Bring any concerns or problems to the board of directors’ attention.
- Serve when needed: Serve on the board of directors as needed.
- Know your documents: Be familiar with the provisions of the condominium documents.
Know Your Rights, Protect Your Investment
Contact Perez Mayoral, P.A.
If your condominium association has violated your statutory rights, failed to comply with meeting notice requirements, denied you access to records, improperly imposed fines, or otherwise acted in contravention of Florida’s Condominium Act, you may have legal recourse. Associations have clear obligations under state law, and when they fail to meet those obligations, unit owners can suffer financial harm and loss of their property rights.
At Perez Mayoral, P.A., we handle disputes between unit owners and condominium associations throughout Florida. Our team understands both the technical requirements of Florida Statutes Chapter 718 and the Florida Administrative Code provisions that govern association operations. We represent homeowners and condominium residents—not associations or management companies—making us uniquely qualified to advocate for your interests when your rights are violated. Call or contact us online today to discuss your condominium dispute with our experienced legal team.
Important Notice:
This Bill of Rights summarizes key provisions of Florida Statutes Chapter 718 (the Condominium Act) and Florida Administrative Code Chapters 61B-15 through 61B-24 as currently effective for 2024-2025. Laws may change, and your association’s declaration, bylaws, and articles of incorporation may contain additional provisions affecting your rights and responsibilities.
This document is for informational purposes only and does not constitute legal advice. For specific questions about your rights or disputes with your association, contact an attorney experienced in Florida condominium law.
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