This page is current through the 2026 regular session and states the law as of July 1, 2026. For cooperative associations the 2026 session did nothing. No bill amending Chapter 719 was enacted, and the only 2026 chapter law in § 719.106's history line is the reviser's bill. The live work for a co-op board this year comes from HB 913 in 2025, and from a structural study deadline that ran in 2024.
The 2026 session for cooperatives: nothing passed
No bill amending Chapter 719 was enacted in the 2026 regular session. The history line of § 719.106, the section that carries almost all of a co-op board's operating rules, ends with s. 46, ch. 2026-14. That is SB 104, the reviser's bill, and it is technical only. Nothing in the way your board notices a meeting, runs an election, keeps records or funds reserves changed because of 2026.
One 2026 act does reach a cooperative association, though not through Chapter 719. Chapter 2026-168 (CS/CS/HB 797) rewrote Chapter 617, the Not For Profit Corporation Act, effective July 1, 2026. Section 719.104(11) provides that the association's powers and duties are those in Chapter 719 and, except as expressly limited by it, those in the articles, the bylaws, part I of Chapter 607 and Chapter 617. So the corporate layer under your association was rewritten this year even though the cooperative layer was not. That is worth a document review at the next scheduled amendment rather than an emergency one.
One bill that died had a cooperative provision in it. CS/SB 1498 dealt with records violations, electronic voting and developer turnover inspection requirements for cooperative associations. It died in Senate Appropriations on March 13, 2026. The community association omnibus, CS/CS/CS/CS/HB 657, passed the House 108 to 2 on March 5, 2026 and died in Senate Rules on March 13, 2026.
The deadline that already ran: the cooperative SIRS date
This is the most consequential difference between Chapter 719 and Chapter 718, and it goes the wrong way for cooperatives.
Under § 719.106(1)(k)7., a residential cooperative association in existence on or before July 1, 2022 was required to have completed a structural integrity reserve study by December 31, 2024. The condominium date in § 718.112(2)(g)7. is December 31, 2025. The outside date is the same for both: in no event may the study be completed after December 31, 2026. A cooperative that has not completed a study is therefore both past its deadline and inside its final year.
The study requirement applies to each building on the cooperative property that is three habitable stories or higher, at least every 10 years, and covers the roof; the structure including load bearing walls and primary structural members; fireproofing and fire protection systems; plumbing; electrical; waterproofing and exterior painting; windows and exterior doors; and any other item with a deferred maintenance or replacement cost over $25,000 whose failure would negatively affect a listed item. The visual inspection portion must be performed by an engineer licensed under Chapter 471 or an architect licensed under Chapter 481.
Two duties run from receipt, both at 45 days: distribute a copy to each unit owner or deliver notice that the study is available for inspection and copying, and provide the Division a statement that the study was completed and provided or made available. An officer or director signs an affidavit acknowledging receipt, and a willful failure to complete a study is treated as a breach of fiduciary duty under § 719.106(1)(a). Our page on SIRS for cooperatives works through the component list and the funding plan.
Milestone inspections reach cooperatives directly. Section 553.899 applies to an owner of a building three habitable stories or more that is subject, in whole or in part, to a residential cooperative under Chapter 719, and § 719.106(1)(l) puts the obligation to arrange the inspection on the association.
What HB 913 (2025) did to Chapter 719
Chapter 2025-175 amended § 719.106 and § 719.501 among others. It is not identical to the condominium package, and the differences matter.
- Reserve threshold. Section 719.106(1)(j)2.a. raised the threshold to $25,000, or the Division's inflation adjusted amount if greater. The Division posts the adjusted figure annually.
- The waiver is dead for study items. Under § 719.106(1)(j)2.c., for budgets adopted on or after December 31, 2024, a unit owner controlled association required to obtain a study may not vote to provide no reserves or less adequate reserves for the items identified in paragraph (k). A board that is still putting a reserve waiver vote on the annual meeting ballot for those components is putting an invalid question to the members.
- Natural emergency pause. Section 719.106(1)(j)2.d. permits the board to pause or reduce reserve contributions during a declared natural emergency where a local official determines the building is uninhabitable, resuming on a habitability determination.
- Funding tools and the milestone pause. Section 719.106(1)(j)3. allows study reserves to be funded by regular assessments, special assessments, lines of credit or loans, and permits a pause of reserve contributions for up to two consecutive budget years following completion of a milestone inspection, for budgets adopted through December 31, 2028.
- Investments. Section 719.104(13) directs the board to use best efforts to make prudent investment decisions and permits investment of reserve funds in certificates of deposit or depository accounts without a unit owner vote.
- Division online account. Section 719.501(3) required all cooperative associations to create and maintain an online account with the Division on or before October 1, 2025.
Our guide to cooperative budgets and reserves covers how the reserve vote is taken and what the pooling rules permit.
Where Chapter 719 deliberately differs from Chapter 718
Published community association guidance is usually written for condominiums. Four differences produce real mistakes when it is applied to a co-op.
| Subject | Cooperative (Ch. 719) | Condominium (Ch. 718) |
|---|---|---|
| Website or app posting | No obligation. § 719.104(2)(b) is permissive only | Required at 25 or more units, § 718.111(12)(g)2. |
| SIRS completion deadline | December 31, 2024, § 719.106(1)(k)7. | December 31, 2025, § 718.112(2)(g)7. |
| Director education | Written certification or approved course, § 719.106(1)(d)1.b. | Both required, § 718.112(2)(d)5.b. |
| Financial report outside date | 120 days, § 719.104(4) | 180 days, § 718.111(13) |
| 115 percent budget | Special meeting on written application of 10 percent of owners, § 719.106(1)(e) | Board duty to adopt a substitute budget, § 718.112(2)(e)2.a. |
| E-mail ballot and online voting petition | No counterpart in § 719.129 | § 718.128 |
| Criminal penalties for records offenses | No | Yes |
| Material alteration default vote | Two thirds, § 719.1055 | 75 percent, § 718.113(2) |
| Arbitration and mediation | § 719.1255 incorporates § 718.1255 | § 718.1255 |
The posting point is the one most often gotten wrong in published guidance. There is no website or mobile app mandate anywhere in Chapter 719. Section 719.104(2)(b) says the association may offer records electronically. A cooperative that posts records online is doing so voluntarily or because its own documents require it, and it does not thereby trigger § 718.111(12)(g). See our page on cooperative official records.
The education difference is equally practical. Under § 719.106(1)(d)1.b. a cooperative director may, within 90 days of election or appointment, either certify in writing to the secretary that he or she has read the bylaws, articles, proprietary lease and current written policies and will uphold them and discharge the fiduciary duty, or submit a certificate of completion of a Division approved curriculum taken within one year before or 90 days after election. The condominium requirement at § 718.112(2)(d)5.b. is both. A co-op board that adopted a condominium style certification policy after 2024 has imposed more on itself than Chapter 719 requires. Our page on cooperative elections covers the rest of the annual meeting sequence.
What to check before the end of 2026
- If the association has a building three habitable stories or higher and no completed structural integrity reserve study, call counsel now. December 31, 2026 is the outside date in the statute.
- Remove any reserve waiver question for paragraph (k) components from the annual meeting materials, for any budget adopted on or after December 31, 2024.
- Confirm the association's online account with the Division exists and is current under § 719.501(3).
- Confirm the financial report calendar uses 120 days under § 719.104(4), not the condominium figure of 180.
- Check whether the board adopted a condominium style policy, form or notice template after 2024 that Chapter 719 does not actually require.
The text of Chapter 719 is published free by the Legislature at leg.state.fl.us, and flsenate.gov keeps each annual edition separately. This page is rewritten each year once session ends.
Frequently Asked Questions About Florida Cooperative Law Changes
Did anything change for Florida cooperatives in 2026?
No bill amending Chapter 719 was enacted in the 2026 regular session. The history line of § 719.106 ends with the reviser's bill, Ch. 2026-14, which is technical. The Chapter 617 rewrite in Ch. 2026-168 does reach your association as a not for profit corporation, because § 719.104(11) pulls Chapter 617 in, but it did not amend Chapter 719 itself.
Our co-op missed the December 31, 2024 SIRS deadline. What now?
Speak to counsel before the end of this year. Section 719.106(1)(k)7. set December 31, 2024 for associations in existence on or before July 1, 2022 and also provides that a study may in no event be completed after December 31, 2026. Willful failure of an officer or director to complete a study is treated as a breach of fiduciary duty under § 719.104(9)(a), so the exposure is personal as well as institutional.
Does our cooperative have to post records on a website?
No. Chapter 719 contains no website or mobile application posting mandate. Section 719.104(2)(b) is permissive: the association may offer records electronically. The 25 unit rule at § 718.111(12)(g) applies to condominium associations and does not extend to cooperatives. If your documents require online posting, that is a document obligation, not a statutory one.
Can our directors still sign the written certification instead of taking a course?
Yes, under § 719.106(1)(d)1.b. Within 90 days of election or appointment, a cooperative director may either certify in writing to the secretary that he or she has read the bylaws, articles, proprietary lease and current written policies and will uphold them, or submit a certificate of completion of a Division approved curriculum. Condominium directors under § 718.112(2)(d)5.b. must do both. Chapter 719 kept the choice.
Can our members still vote to waive reserves?
Not for structural study components. Section 719.106(1)(j)2.c. provides that for budgets adopted on or after December 31, 2024, a unit owner controlled association required to obtain a study may not vote to provide no reserves or less adequate reserves for the items identified in paragraph (k). The waiver survives for other reserve items under § 719.106(1)(j)2.b., by a majority of the total voting interests.
Is our financial report due in 120 days or 180?
For a cooperative, 120 days under § 719.104(4). The 180 day figure came from HB 913 in 2025 and applies only to condominiums under § 718.111(13). Homeowners associations also remain at 120 days under § 720.303(7). A manager who handles condominium portfolios can easily apply the wrong deadline to a co-op.
Contact Hamilton Mikes
Hamilton Mikes represents cooperative association boards in Southwest Florida on structural study and reserve compliance, proprietary lease enforcement, records and elections, and reviews board policies against Chapter 719 rather than against condominium forms. Call 239-594-7227 or visit our Regulatory Compliance page.
Statutes and authorities referenced
- § 719.104(2)(b), Fla. Stat. (electronic access to records is permissive; no posting mandate)
- § 719.104(4), Fla. Stat. (financial reporting; 120 days)
- § 719.104(11), Fla. Stat. (association powers; part I of ch. 607 and ch. 617 apply)
- § 719.104(13), Fla. Stat. (prudent investment; certificates of deposit and depository accounts)
- § 719.104(9)(a), Fla. Stat. (fiduciary duty)
- § 719.106(1)(c), Fla. Stat. (board meetings; 48 hour posting; 14 day notice; emergency agenda and ratification)
- § 719.106(1)(d)1.b., Fla. Stat. (director certification or approved course)
- § 719.106(1)(e), Fla. Stat. (budget; special meeting on written application of 10 percent of owners where assessments exceed 115 percent)
- § 719.106(1)(j)2.a., b., c., d., Fla. Stat. (reserve threshold; waiver; no waiver for paragraph (k) items for budgets adopted on or after December 31, 2024; natural emergency pause)
- § 719.106(1)(j)3., Fla. Stat. (funding by assessment, line of credit or loan; milestone pause through budgets adopted by December 31, 2028)
- § 719.106(1)(k), Fla. Stat. (structural integrity reserve study; components; qualified professionals; December 31, 2024 deadline at (1)(k)7.; 45 day duties)
- § 719.106(1)(l), Fla. Stat. (association must arrange the milestone inspection)
- § 719.1055, Fla. Stat. (amendments; material alteration by two thirds)
- § 719.1255, Fla. Stat. (incorporates § 718.1255 arbitration and mediation)
- § 719.129, Fla. Stat. (electronic voting)
- § 719.303(3), Fla. Stat. (fines and suspensions)
- § 719.501(3), Fla. Stat. (Division online account; on or before October 1, 2025)
- § 553.899, Fla. Stat. (milestone inspections; expressly covers residential cooperatives)
- § 718.111(12)(g)2., § 718.112(2)(d)5.b., § 718.112(2)(g)7., Fla. Stat. (condominium comparisons)
- Session laws: Ch. 2024-244 (HB 1021, s. 25 amending § 719.106); Ch. 2025-175 (CS/CS/HB 913); Ch. 2026-14 (SB 104, reviser's bill); Ch. 2026-168 (CS/CS/HB 797)