Devoted exclusively to Florida community associations since 2011 Call today: 239-594-7227

Major Project Oversight Checklist: Governing a Large Capital Project From Approval Through Close-Out

A governance checklist for Florida association boards running a large capital project, covering the project team, owner votes, funding, permits, payment controls and close-out.

A large capital project fails in governance long before it fails in the field. The board that gets sued is usually the one that never decided who could approve a change order, never confirmed the money was there before signing, or never determined whether the work needed an owner vote. This checklist covers the board's job, from the decision to proceed through final lien releases.

Download the PDFThe PDF is a designed, printable copy for the board packet, the bulletin board or your meeting portfolio. On screen, you can tick the boxes below; nothing you tick is saved or sent anywhere.

This is the governance layer. The contract terms themselves are covered by the Construction Contract Review Checklist. Use both. Items that apply to one chapter only are labeled, and the citation under an item shows where the requirement comes from.

The project team and who decides what

  • A project designed by the company that will build it has no independent check on scope or quantity.
  • A director giving field direction creates a change order claim the board never approved and cannot easily defeat.
  • § 718.112(2)(c); § 719.106(1)(c); § 720.303(2)

The decision log

  • Declining a recommendation is defensible. Declining it with no record of the reasoning is not.
  • § 718.111(12); § 719.104(2); § 720.303(4)

Funding confirmed before commitment

  • Confirm with counsel that reserve funds may lawfully be spent on this work, and that any use of reserves for a purpose other than the one they were budgeted for has the owner approval your chapter requires.
  • 14 days' notice, and for a condominium the notice must state the estimated cost and a description of the purpose — § 718.112(2)(c)3.; § 719.106(1)(c); § 720.303(2)(c)
  • Spending special assessment money on something other than the noticed purpose is one of the fastest ways to a Division complaint and a personal claim against directors.
  • For a condominium, a line of credit or loan to fund milestone or structural integrity reserve study capital work requires approval of a majority of the total voting interests — § 718.112(2)(f)2.c.(II)
  • Signing first and funding second is how a board ends up with a contractor on site and no money to pay the second application.

Material alteration: is an owner vote required

  • This determination decides whether the board can proceed on its own vote. Make it before the contract, not after the owners object.
  • § 718.113(2)
  • Confirm this subsection with counsel before relying on it; the cooperative provision is worded differently from the condominium one.§ 719.1055(2) (two-thirds of the total voting interests)
  • Boards that apply the condominium 75 percent rule to an HOA are applying a statute that does not exist for them, and boards that assume no vote is needed sometimes miss one the declaration does require.
  • § 718.113(5)

Permits, code and the flood rule

  • The permit holder carries the permit holder's responsibility, so it should be the licensed contractor doing the work. Never let an owner or a director pull a permit for association work.
  • § 713.13
  • Where the cost of improvement or repair equals or exceeds 50 percent of the market value of the structure, the local floodplain ordinance generally requires the whole building to be brought into compliance with current flood requirements, which can include elevating it. Phasing work across permits to stay under the threshold is a route to an enforcement action, not a solution.
  • Lee, Collier and Charlotte Counties and the municipalities within them do not all apply the cumulative period the same way.
  • Phase two repairs must commence within 365 days of the report — § 553.899

Money controls during the job

  • This is the control that prevents paying twice. It only works if someone does it before each check, not at the end.§ 713.06(2); § 713.20(4)
  • A contractor who takes the money and leaves the completion date open has been paid for a delay claim you have not yet received.

Reporting to owners

  • Condominiums with 25 or more units, § 718.111(12)(g); HOAs with 100 or more parcels, § 720.303(4)(b). Cooperatives have no posting obligation.

Inspection, certification and stop-work

  • A stop-work right nobody is authorized to exercise is not a control. Name the person in the motion.

Close-out

  • § 713.06(3)(d); § 713.20(5)
  • The last chance to have the contractor fix something at its own cost is a date on a calendar. Put it there at close-out.
  • § 718.111(12); § 719.104(2); § 720.303(4)

Statutes and authorities referenced

Contact Hamilton Mikes

Hamilton Mikes advises Southwest Florida boards running roofing, concrete restoration, seawall, milestone-driven and other major capital projects, from the material alteration analysis and the funding vote through change order controls and close-out. Call 239-594-7227 or visit our Construction page.

We're ready to help

Speak with a Florida community association attorney

Tell us about your association and the legal challenge you are facing. Our team is ready to listen, respond, and help you identify a clear path forward.

239-594-7227 Info@HamiltonMikes.com
Hamilton Mikes, P.A.
8850 Terrene Court, Suite 110
Bonita Springs, FL 34135
How would you like to be contacted?

Fields marked * are required. Or call 239-594-7227.