This page is current through the 2026 regular session. For a board running a repair project, the two sessions that still matter most are 2023, which shortened both the repose period and the negligence limitations period, and 2026, which added one architectural review rule and rewrote parts of the permit process. Nothing in 2024 or 2025 changed the construction rules that reach association projects. Sessions are covered most recent first.
2026: the building permit act and the new architectural review rule
CS/CS/HB 803, Chapter 2026-63, effective July 1, 2026, is a building permits and inspections act. It amended §§ 125.56, 287.056, 489.129, 553.382, 553.385, 553.77, 553.79, 553.791, 553.792 and 720.3035. Most of it is directed at local governments and private providers, but one provision lands squarely on association practice.
New § 720.3035(1)(c) provides that a homeowners association, or its architectural, construction improvement or other similar committee, may not require that a building permit have been issued to a parcel owner as a prerequisite for the association's or the committee's review of proposed construction or improvements on the parcel. A community whose application form says "attach your permit" has to change the form. The association may still require the permit before work begins; what it may not do is refuse to review until the permit exists.
Two other parts of the act are worth knowing when the association is the applicant. Local governments must decide certain building permit applications within defined timeframes, and they must exempt owners and contractors from permit requirements for temporary hurricane and flood protection installations that meet specified standards. That second point is directly useful in a storm season. Our page on architectural review procedures covers how to rework an application packet around the new rule.
2023: SB 360 cut the repose period, and moved it
SB 360, Chapter 2023-22, changed § 95.11 for actions founded on the design, planning or construction of an improvement to real property. In the 2026 edition the provision is at § 95.11(3)(b). Citations to § 95.11(3)(c) come from older sources and now point at the wrong paragraph.
Two things changed. The repose period dropped from ten years to seven. And the measuring date changed: the seven years now run from the earliest of the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy or a certificate of completion, or the date of abandonment if construction is not completed. Under the prior version the clock ran from the latest of a set of events. Earliest rather than latest, and seven years rather than ten, can move a deadline by years. The latent-defect limitations period remains four years from discovery, subject to the repose cap.
For a board, the practical consequence is that a building turned over in the middle of the last decade may already be past repose for defect claims even though the defect only recently showed itself. That is a question to put to counsel before spending money on an engineer's defect report, not after. Our guide to construction defect claims explains the sequence.
2023: HB 837 and what tort reform did to association claims
HB 837, Chapter 2023-15, took effect March 24, 2023 and is the broadest civil liability change in a generation. Three pieces reach associations.
- Negligence limitations period. An action founded on negligence must now be brought within two years, not four. In the 2026 edition that provision sits at § 95.11(5)(a), not inside subsection (3). A slip-and-fall or negligent maintenance claim against the association arising after the effective date is on a two year clock.
- Modified comparative negligence. Section 768.81 was amended so that a claimant found to bear more than a stated share of the fault is barred from recovery rather than having damages merely reduced. In a common element injury case, the owner's own conduct now matters far more than it did.
- Attorney's fees. The act created a rebuttable presumption that the lodestar figure is a sufficient and reasonable fee in most civil actions and curtailed one-way fee provisions in actions against insurers. That reshapes the economics of a first-party insurance dispute over storm damage.
The provision that gets missed is § 768.0706. It gives a presumption against liability in a negligent security claim to the owner or operator of a residential building, or group of residential buildings, of at least five dwelling units on a parcel, which the statute describes as including apartments, townhouses and condominiums. The presumption requires substantial implementation of specified measures: a security camera system at entry and exit points retaining footage for a stated period, parking lot lighting at a stated average level from dusk to dawn, lighting of walkways, laundry rooms and common areas, a one-inch deadbolt in each dwelling unit door, locking devices on windows and exterior doors, locked pool fence gates, door viewers, a crime prevention assessment, and employee safety training.
This is a rare statute that tells a board exactly what to install to earn a legal benefit. It is worth a line item in the next budget cycle and a documented walk of the property.
Chapter 558 presuit notice and the 120-day association period
Chapter 558 requires a written notice of claim before a construction defect action. Section 558.004(1) sets two periods: at least 60 days before filing any action, or at least 120 days before filing an action involving an association representing more than 20 parcels.
The longer period is not optional and it is not a formality. It exists so the contractor can inspect, test, and offer to repair or to settle. A board that lets the limitations or repose date approach without building the extra four months into the schedule can find that the notice period and the deadline collide.
Chapter 558 has not moved recently. The most recent amendment to § 558.004 was in 2019. That stability is useful: a Chapter 558 checklist built a few years ago is probably still accurate, which is not something that can be said of much else on this page.
Licensing: § 489.128 and why it is the first thing to check
Section 489.128 provides that as a matter of public policy, contracts entered into on or after October 1, 1990 by an unlicensed contractor are unenforceable in law or in equity by the unlicensed contractor. The association can enforce the contract; the unlicensed contractor cannot. That includes claims for payment and, in most cases, lien rights.
A person is unlicensed if the individual does not hold the licensure required for the scope of work, or if a business organization has no qualifying agent meeting the statutory requirements. If no state license is required for the scope of work, the person performing it is not unlicensed for this purpose. Licensure is determined as of the effective date stated in the original contract, or if none is stated, the date the last party executed it, or if there is no contract date, the first date the contractor furnished labor, services or materials.
For a board, this means verifying the license at signing, in the exact name of the entity on the contract, and keeping the printout. A license held by an affiliated company with a similar name is not the same thing. Our checklist-oriented guidance on engineering and construction contracts covers the verification step. Section 489.128 has not been amended since 2009.
Roofing contractors: § 489.147 and its 2024 and 2025 amendments
Section 489.147 regulates how contractors may solicit and handle roof insurance claims. It was created in 2021 by Chapter 2021-77, amended in 2022 by Chapter 2022-268, and amended again in 2024 by Chapter 2024-139 and in 2025 by Chapter 2025-40. It is one of the few construction provisions that has moved in each recent cycle.
A "prohibited advertisement" is a written or electronic communication encouraging a roof damage claim that fails to state, in a specified minimum type size, that the consumer is responsible for the deductible, that it is insurance fraud punishable as a felony to intentionally file a claim containing false information, and that it is insurance fraud punishable as a felony for a contractor to knowingly or willfully offer to waive the deductible. Prohibited practices include soliciting with such an advertisement, offering a rebate, gift, cash or deductible waiver in exchange for an inspection or a claim, accepting compensation for a referral, interpreting policy provisions without a public adjuster license, and providing a repair agreement without an itemized cost estimate.
Two provisions matter after a storm. A roof contract entered into within a specified period following a declared state of emergency may be cancelled by the owner without penalty or obligation within a short window after execution or before the official start date, whichever comes first. And every roof contract must carry a bold, large-type notice advising the owner to contact the insurer before signing. A door-knocking contractor who cannot produce a compliant contract form is telling you something.
Chapter 713 liens and the condominium wrinkle
Chapter 713 is the construction lien law. It has not been substantially rewritten in recent sessions, but it is where a well-managed project goes wrong. The structure a board needs to hold in mind is: the owner records a notice of commencement before work begins; those not in privity serve a notice to owner early in their performance; a claim of lien must be recorded within a set period after final furnishing; and an action to enforce a lien must be brought within one year of recording unless that period is shortened.
Condominiums have a wrinkle worth stating precisely. Section 718.121(1) provides that after the declaration is recorded, no lien of any nature is valid against the condominium property as a whole except with the unanimous consent of the unit owners, and liens may arise only against individual condominium parcels. Subsection (2) then provides that labor performed on or materials furnished to the common elements, if authorized by the association, are deemed performed or furnished with the express consent of each unit owner and may support a lien against all condominium parcels in their proportionate shares.
So the contractor who repairs your roof cannot lien the building. It can lien every unit in it. That is a better reason than any contract clause to require conditional and final releases at every draw, to record the notice of commencement correctly, and to run the payment process through counsel on a project of any size. Our guidance on major repair projects covers the payment controls.
What to do with this before the next project
- Ask counsel to date the repose and limitations clock for your buildings under the current § 95.11(3)(b) before commissioning a defect investigation.
- Rewrite any architectural application form that conditions review on an issued building permit, and keep the requirement that the permit be in hand before work starts.
- Verify the contractor's license in the exact contracting entity's name at signing, and save the verification.
- Build the Chapter 558 notice period, 120 days for an association representing more than 20 parcels, into the litigation calendar rather than discovering it later.
- Walk the property against the § 768.0706 measures and budget what is missing.
- Require lien releases at each draw and confirm the notice of commencement was recorded before the first day of work.
Frequently Asked Questions About Construction Legislation
How long does our association have to sue over construction defects?
Four years from discovery for a latent defect, capped by a seven-year repose period under § 95.11(3)(b) as amended by SB 360 in 2023. The seven years run from the earliest of a temporary certificate of occupancy, certificate of occupancy, certificate of completion, or abandonment. Get the dates confirmed before spending on an investigation.
Can we require a building permit before reviewing an owner's application?
Not in a homeowners association. Section 720.3035(1)(c), added by Chapter 2026-63 effective July 1, 2026, bars an HOA or its architectural or construction improvement committee from requiring that a permit have been issued as a prerequisite to review. You may still require the permit before work begins.
Why do we have to wait 120 days to sue a contractor?
Section 558.004(1) requires a presuit notice of claim at least 60 days before filing, or at least 120 days before filing an action involving an association representing more than 20 parcels. The period gives the contractor a chance to inspect, test and offer to repair or settle. Build it into the schedule.
Our contractor was not licensed. Do we still have to pay?
Section 489.128 makes a contract entered into by an unlicensed contractor unenforceable in law or equity by that contractor. The association's own rights are not eliminated. Licensure is judged as of the contract's effective or execution date, or the first date of furnishing, so verify at signing and keep the record.
What is § 768.0706 and does it apply to a condominium?
It is the premises liability presumption HB 837 created in 2023. It applies to the owner or operator of a residential building or group of buildings of at least five dwelling units on a parcel, including condominiums. Substantially implementing the listed security measures creates a presumption against liability in a negligent security claim.
Can a roofer lien the whole condominium building?
No. Section 718.121(1) bars a lien against the condominium property as a whole absent unanimous owner consent. But under subsection (2), work the association authorizes on the common elements is deemed consented to by each owner and can support liens against all condominium parcels in their shares. Manage releases accordingly.
Contact Hamilton Mikes
Hamilton Mikes advises condominium, HOA and cooperative boards in Lee, Collier and Charlotte Counties on repair and restoration contracts, contractor licensing and lien issues, Chapter 558 presuit notices, and construction defect claims against developers and contractors. Call 239-594-7227 or visit our Construction page.
Statutes and authorities referenced
- § 95.11(3)(b), Fla. Stat. (four-year limitation and seven-year repose for design, planning and construction of an improvement to real property)
- § 95.11(5)(a), Fla. Stat. (two-year limitation for actions founded on negligence)
- § 768.81, Fla. Stat. (modified comparative negligence)
- § 768.0706, Fla. Stat. (presumption against liability for multifamily residential property meeting specified security measures)
- § 558.004(1), Fla. Stat. (presuit notice of claim; 60 days generally, 120 days for an association representing more than 20 parcels)
- Chapter 558, Fla. Stat. (construction defect notice and opportunity to repair)
- § 489.128, Fla. Stat. (contracts of unlicensed contractors unenforceable by the contractor)
- § 489.147, Fla. Stat. (prohibited advertising and practices regarding roof insurance claims)
- § 489.129, Fla. Stat. (contractor discipline, amended by Ch. 2026-63)
- § 720.3035(1)(c), Fla. Stat. (association may not require an issued building permit as a prerequisite to architectural review)
- Chapter 713, Fla. Stat. (construction lien law; notice of commencement, notice to owner, claim of lien, enforcement)
- § 718.121(1)-(2), Fla. Stat. (no lien against the condominium property as a whole; common element work deemed consented to by each owner)
- §§ 553.77, 553.79, 553.791, 553.792, Fla. Stat. (building code administration and private providers, amended by Ch. 2026-63)
- Session laws: SB 360 (2023), Ch. 2023-22; HB 837 (2023), Ch. 2023-15; Ch. 2021-77; Ch. 2022-268; Ch. 2024-139; Ch. 2025-40; CS/CS/HB 803 (2026), Ch. 2026-63