This page is current through the 2026 regular session, and the statute text described here is the 2026 Florida Statutes as of July 1, 2026. The 2026 session changed almost nothing in Chapters 718, 719 and 720. Your board's real work this year comes out of the 2024 and 2025 sessions, and several of those obligations already carry deadlines that have passed. What follows is organized by what your board actually does, not by bill number.
What actually changed in 2026, and what did not
No bill amending Chapter 718, 719, 720 or 723 as a governance matter passed in the 2026 regular session. The community association omnibus, HB 657, passed the House 108 to 2 on March 5, 2026 and died in Senate Rules on March 13, 2026. Boards that heard about a community association court program, an HOA termination rewrite or new conflict disclosures are remembering that bill. None of it is law.
Three 2026 acts did reach associations. Chapter 2026-63 added § 720.3035(1)(c), effective July 1, 2026. Chapter 2026-168 rewrote Chapter 617, the Not For Profit Corporation Act, and made conforming amendments to §§ 718.111, 718.3027 and 720.3033. Chapter 2026-14 was a reviser's bill, technical only, which is why several sections now show a 2026 citation in the history line even though the rule did not move.
So the answer to "what do we have to do differently this year" is mostly a 2024 and 2025 answer. HB 1021 and HB 1203 in 2024 and HB 913 in 2025 are still working through association operations. Our compliance calendar puts those dates on a timeline.
Running meetings
A board or committee member who joins by telephone, real-time videoconference or similar real-time electronic communication counts toward the quorum and may vote as if physically present. That is § 718.112(2)(b)5. It ended the practice of seating a remote director as a non-voting observer, and a board still treating a remote member as absent has been miscounting its own quorum.
The mechanics still matter. Notice of a video-conference board meeting must carry the hyperlink, a conference telephone number and the physical location. If the annual meeting of the unit owners is held by video conference, a quorum of the board must be physically present where owners can attend, and the meeting must be recorded and the recording kept as an official record. § 718.112(2)(d)2. The recording obligation is the piece boards forget.
Chapter 720 works differently and has not been brought into line. HOA board meeting notice is 48 hours posted conspicuously, or, if not posted, mailed or delivered at least 7 days before the meeting, under § 720.303(2)(c)1. The 14-day mailed notice in § 720.303(2)(c)2. applies to special assessments and amendments to rules regarding parcel use. Chapter 720 sets no separate notice period for the budget meeting itself, so the documents control that.
Condominium and cooperative boards also carry an agenda rule Chapter 720 has no equivalent to: an emergency item not on the agenda may be taken up on a vote of a majority plus one, and must be ratified at the next properly noticed meeting. § 718.112(2)(c)1.; § 719.106(1)(c). An HOA board using that procedure has no statutory basis for it.
Elections, directors and education
Director education is the obligation boards are most often quietly out of compliance with, because the rule has two halves and most boards did only the first.
| Condominium | Cooperative | HOA | |
|---|---|---|---|
| Authority | § 718.112(2)(d)5.b. | § 719.106(1)(d)1.b. | § 720.3033(1) |
| Certification instead of a course | No, both required | Yes, still an either/or | No |
| Initial course | At least 4 hours; content set by statute | Division-approved curriculum; no hour count | Division-approved curriculum; no initial hour count |
| Timing | 1 year before election, or 90 days after | 90 days after election | 90 days after election |
| Continuing education | At least 1 hour annually | Not specified | 4 hours annually under 2,500 parcels; 8 hours at 2,500 or more |
| Certificate validity | Not stated | Not stated | Up to 4 years |
The practical consequence: a condominium director elected in 2024 who took the four-hour course and stopped has been accruing a missed one-hour obligation every year since, as has an HOA director who skipped the four or eight hours. These are not deadlines coming up. Our guide to director certification walks through what to file.
On the election machinery, nothing substantive changed in 2026 but the citations moved. The 60, 40, 35 and 14-to-34 day condominium election sequence is § 718.112(2)(d)5.a., the same subparagraph that carries director education at 5.b. The inner and outer envelope procedure every election form describes is not statutory at all; it is Fla. Admin. Code R. 61B-23.0021. Recall is § 718.112(2)(l).
Electronic voting expanded for condominiums only. Under § 718.128, electronic votes count toward a quorum, a petition by 25 percent of the voting interests obliges the board to meet within 21 days to consider online voting, and an owner may e-mail a ballot to a designated address if it carries the unit number, the owner's typed name and a capitalized waiver of ballot secrecy. Section 719.129 gives cooperatives only the quorum rule, and § 720.317 gives HOAs neither.
Official records and the association website
This is where the three chapters diverge most sharply, and where a manager applying a condominium habit to an HOA creates real exposure.
| Condominium (718) | Cooperative (719) | HOA (720) | |
|---|---|---|---|
| Website or app posting | 25 or more units, non-timeshare; due January 1, 2026 | None | 100 or more parcels; due January 1, 2025 |
| Posting deadline per record | 30 days from receipt or creation | n/a | No general deadline |
| Response to a records request | 10 working days | 10 working days | 10 business days |
| Presumption of willful failure | Any written request | Any written request | Certified mail, return receipt requested |
| Copy fee caps in the statute | Not stated | Not stated | 25 cents a page; $20 an hour for personnel time over the first half hour |
| Exemptions | § 718.111(12)(c)5. | § 719.104(2)(c) | § 720.303(5)(g)1.-9. |
Both website dates are in the past. The January 1, 2026 date confuses people because it does not appear in § 718.111(12)(g) as you will read it today. It was set by HB 1021, Chapter 2024-244, as the date the lowered 25-unit threshold became mandatory, and the transitional language has since dropped out of the printed section.
The condominium records list at § 718.111(12)(a) now expressly includes bank statements and ledgers, the video recordings described above, and the affidavits the reserve rules require. Criminal penalties for records offenses apply under Chapters 718 and 720, not Chapter 719. See our guide on official records requirements.
Budgets, reserves and the structural studies
HB 913 in 2025 was the most consequential financial legislation for condominiums since the post-Surfside bills, and it did not touch Chapter 720 at all.
- Reserve threshold. The threshold for a SIRS-covered item rose from $10,000 to $25,000, or the Division's inflation-adjusted amount if greater. § 718.112(2)(f)2.a.
- Borrowing for structural work. Milestone or SIRS capital work may be funded by line of credit or loan on a majority of the total voting interests. § 718.112(2)(f)2.c.
- The reserve pause. For a budget adopted on or before December 31, 2028, an association that has completed a milestone inspection may, on a majority of the total voting interests, pause or reduce reserve contributions for no more than two consecutive annual budgets. § 718.112(2)(f)2.e. The sunset date is the part boards miss.
- Delay after a milestone inspection. An association that has completed a milestone inspection may delay its SIRS for no more than the two consecutive budget years following it. § 718.112(2)(g)9.
- The 115 percent rule became a board duty. A condominium board proposing assessments exceeding 115 percent of the prior year must simultaneously propose a substitute budget excluding discretionary expenditures, with insurance premiums excluded from the computation. § 718.112(2)(e)2.a. Chapter 719 still uses a petition by 10 percent of owners, and Chapter 720 has no 115 percent rule.
The structural studies are the item most likely to be overdue. A cooperative under owner control existing on or before July 1, 2022 had to complete its structural integrity reserve study by December 31, 2024 under § 719.106(1)(k); a condominium had until December 31, 2025 under § 718.112(2)(g)7. Both then close the door: in no event may a study be completed after December 31, 2026.
Once the study arrives, two 45-day clocks start on the same day and boards routinely run only one. The association must distribute a copy to each owner or give notice that it is available for inspection and copying, under § 718.112(2)(g)11., and must give the Division a statement that the study was completed, under § 718.112(2)(g)12. An officer or director must also sign an affidavit acknowledging receipt, under § 718.112(2)(g)10. Our page on the structural integrity reserve study covers what it must contain.
Financial reporting also splits by chapter, and the extension boards have heard about is condominium-only. All three chapters require the report prepared within 90 days of fiscal year end and delivered within 21 days of completion. The outside date is 180 days for condominiums under § 718.111(13), but 120 days for HOAs under § 720.303(7) and cooperatives under § 719.104(4).
Enforcement and fining
Fines and liens run in opposite directions by chapter, and the 2024 rewrite of § 720.305 widened the gap.
| Condominium and cooperative | HOA | |
|---|---|---|
| Authority | § 718.303(3), § 719.303(3) | § 720.305(2) |
| Can a fine become a lien | Never | Only a fine of $1,000 or more |
| Caps | $100 per violation; $1,000 aggregate for a continuing violation | $100 per violation; $1,000 aggregate |
| Caps overridable by the documents | No | Yes |
| Suspension of voting rights | Condominium: over $1,000 and over 90 days. Cooperative: over 90 days | Over 90 days delinquent |
Chapter 720 also picked up limits in 2024 that have no condominium counterpart. Section 720.305(7) restricts fining for items such as garbage receptacles left out and holiday decorations within stated windows, and § 720.3045 limits regulation of items not visible from the frontage of the parcel. An HOA still enforcing a 2019 rule book against those items is enforcing rules the Legislature has narrowed. Our guide to fines, hearings and suspensions sets out the hearing procedure that comes first.
On collections, the condominium notice sequence in § 718.121 is a numbering trap rather than a change of substance. The 30-day Notice of Late Assessment is subsection (5) and the 45-day Notice of Intent to Record a Claim of Lien is subsection (6). Most form letters still cite (4) and (5). The letters are usually right; the citation printed on them is not.
Contracts, vendors and architectural review
Three separate bidding rules apply, and they are often collapsed into one number at the board table.
- Condominium contracts. A contract requiring payment in the aggregate exceeding 5 percent of the total annual budget, including reserves, must be competitively bid. § 718.3026(1). Associations of 10 or fewer units may opt out on a two-thirds vote. Employment and professional services, emergencies, and sole-source suppliers within the county are excepted under § 718.3026(2).
- HOA contracts. The Chapter 720 threshold is 10 percent of the total annual budget including reserves. § 720.3055(1).
- Manager-related bids. Separately, if the association receives and considers a bid exceeding $2,500 for a non-management good or service that may reasonably be construed to be a conflict of interest, it must solicit multiple bids from other third-party providers. § 468.4335(2). A violation makes the management contract voidable with no termination fee, liquidated damages or penalty. § 468.4335(4).
Note where that third duty sits. It is in the manager licensing chapter, not Chapter 718, and it falls on the association, triggered by a potential conflict, rather than on the manager generally. A board reviewing its management agreement should read § 468.4335 alongside the contract.
The one genuinely new 2026 rule for HOAs is § 720.3035(1)(c), effective July 1, 2026: an association, or its architectural or construction improvement committee, may not require that a building permit have been issued to a parcel owner as a prerequisite for review of proposed construction or improvements. If your application form says "attach your permit," the form needs to change. Our page on architectural review legislation traces § 720.3035 from 2007 forward.
Insurance and the corporate side
A condominium association must determine the replacement cost of the property it insures at least once every three years under § 718.111(11)(a)2. Deductibles are at § 718.111(11)(c) and the allocation of reconstruction costs at § 718.111(11)(j). A cooperative must use best efforts to obtain adequate insurance under § 719.104(3) but has no appraisal cycle, and Chapter 720 sets none either.
Two 2026 acts sit outside the association chapters and still matter. Chapter 2026-174 amended § 626.854 to require a public adjuster to respond to a written claim-status request within 14 days. Chapter 2026-179 amended the Florida Fair Housing Act at §§ 760.22, 760.26 and 760.35, replacing "handicap" with "disability" and waiving sovereign immunity for the state and its political subdivisions. The shorthand that 2026 did nothing is right for Chapters 718, 719 and 720 and wrong for Chapter 760.
Finally, the Chapter 617 rewrite. Your association is a not-for-profit corporation as well as a community association, and Chapter 2026-168 rewrote that chapter, including § 617.0832 on director conflict-of-interest transactions. The annual report obligation survives at § 617.1622 and still runs between January 1 and May 1. A corporation that has not filed may not prosecute or maintain an action in any Florida court until the report is filed and the fees and penalties are paid, which a board usually discovers on the day it tries to file a foreclosure.
What to do if your board is behind
Six dates above have already run: the two milestone transitional dates in § 553.899(3)(a), the cooperative SIRS date, the HOA website date, the Division online account date, the condominium SIRS date and the condominium website date. A board that missed one is not in the position of a board with a deadline coming up.
- Establish the facts first: what was done, when, and which document proves it.
- Do not backdate anything. A minute, certification or affidavit describing something that did not happen on the date stated is far worse than the missed deadline, and in the records context it can be criminal.
- Call counsel before the association reports, posts or certifies. How an association cures, and what it says while curing, affects what the Division and an owner can later do with it.
- Put the catch-up plan in the minutes with dates and named responsibility.
That call costs little against a rerun election or a Division complaint answered badly.
Frequently Asked Questions About New Florida Association Laws
Did any new community association law pass in the 2026 session?
No bill amending Chapters 718, 719, 720 or 723 as a governance matter passed. The omnibus, HB 657, passed the House and died in Senate Rules on March 13, 2026. What did pass and reaches associations is the new HOA permit rule at § 720.3035(1)(c), the Chapter 617 rewrite in Chapter 2026-168, a reviser's bill, and insurance legislation.
Our condominium has 30 units and no website. Are we late?
Yes. Associations operating a condominium of 25 or more units that does not contain timeshare units had to have documents available on a website or through a downloadable mobile application by January 1, 2026, and each record must be posted within 30 days of receipt or creation. Get counsel involved before you publish, because posting a record that is statutorily exempt from inspection creates its own liability.
Do HOA directors have to take a course every year?
Not the full course. Under § 720.3033(1), the certificate of completion is valid for up to four years, so the curriculum comes around every four years. The annual obligation is continuing education: at least four hours a year in an association with fewer than 2,500 parcels, and at least eight hours a year at 2,500 parcels or more.
Is our financial report due in 120 days or 180 days?
It depends on the chapter. All three require preparation within 90 days of fiscal year end and delivery within 21 days of completion. The outside date is 180 days for condominiums under § 718.111(13), but 120 days for HOAs under § 720.303(7) and 120 days for cooperatives under § 719.104(4). The 180-day extension from 2025 was condominium-only.
We missed the SIRS deadline. What happens now?
The statute does not spell out a penalty in so many words, but the Division's jurisdiction now reaches SIRS reporting, an owner has a statutory action for failure to comply, and a board that cannot show a completed study has a difficult fiduciary record. Note also that no study may be completed after December 31, 2026, so the window to cure is finite. Call counsel rather than filing anything first.
Can a director who joins by video vote?
For condominiums, yes. Section 718.112(2)(b)5. provides that a board or committee member participating by telephone, real-time videoconference or similar real-time electronic communication counts toward the quorum and may vote as if physically present. The notice for that meeting must carry the hyperlink, a conference telephone number and the physical location.
Contact Hamilton Mikes
Hamilton Mikes reviews board policies, forms and calendars against the current statute for condominium, cooperative and homeowners associations across Lee, Collier and Charlotte Counties, and advises boards that are behind on a deadline about how to come into compliance without making the problem worse. Call 239-594-7227 or visit our Regulatory Compliance page.
Statutes and authorities referenced
- § 718.111(11)(a)2., (11)(c), (11)(j), Fla. Stat. (condominium insurance: replacement cost determination, deductibles, reconstruction allocation)
- § 718.111(12)(a), (12)(c)5., (12)(g), Fla. Stat. (official records; exemptions; website and mobile application posting)
- § 718.111(13), Fla. Stat. (condominium annual financial report; 90/21/180 days)
- § 718.112(2)(b)5., Fla. Stat. (remote participation counts toward quorum and may vote)
- § 718.112(2)(c)1., Fla. Stat. (emergency agenda item; majority plus one; ratification)
- § 718.112(2)(d)2., Fla. Stat. (owner meeting by video conference; board quorum physically present; recording)
- § 718.112(2)(d)5.a., 5.b., Fla. Stat. (election procedure; director certification and education)
- § 718.112(2)(e)2.a., Fla. Stat. (115 percent substitute budget)
- § 718.112(2)(f)2.a., 2.c., 2.e., Fla. Stat. (reserve threshold; borrowing; reserve pause through December 31, 2028)
- § 718.112(2)(g)7., 9., 10., 11., 12., Fla. Stat. (SIRS deadlines; delay after milestone inspection; affidavit; two 45-day duties)
- § 718.112(2)(l), Fla. Stat. (recall)
- § 718.121(5), (6), Fla. Stat. (Notice of Late Assessment; Notice of Intent to Record a Claim of Lien)
- § 718.128, Fla. Stat. (electronic voting; 25 percent petition; e-mail ballot)
- § 718.3026(1), (2), Fla. Stat. (competitive bidding at 5 percent; exceptions)
- § 718.303(3), Fla. Stat. (condominium fines and suspensions)
- § 719.104(2)(c), (3), (4), Fla. Stat. (cooperative records exemptions; insurance; financial report at 120 days)
- § 719.106(1)(c), (1)(d)1.b., (1)(k), Fla. Stat. (emergency agenda; director education; SIRS by December 31, 2024)
- § 719.129, § 719.303(3), Fla. Stat. (cooperative electronic voting; fines)
- § 720.303(2)(c)1., 2., (5)(g), (7), Fla. Stat. (HOA meeting notice; records inspection and copy fees; financial report at 120 days)
- § 720.303(4)(b), Fla. Stat. (HOA website posting; 100 or more parcels; January 1, 2025)
- § 720.3033(1), Fla. Stat. (HOA director certification; 4-year certificate; 4 or 8 hours of continuing education)
- § 720.3035(1)(c), Fla. Stat. (no building permit as a prerequisite to committee review; Ch. 2026-63, eff. July 1, 2026)
- § 720.3045, § 720.305(2), (7), § 720.3055(1), § 720.317, Fla. Stat. (visibility limits; fines and liens; fining limits; 10 percent bidding; electronic voting)
- § 468.4335(1), (2), (4), Fla. Stat. (manager conflicts; $2,500 multiple-bid duty; voidable management contract)
- § 553.899(3)(a), Fla. Stat. (milestone inspection transitional deadlines)
- § 617.0832, § 617.1622, Fla. Stat. (director conflict transactions; annual report between January 1 and May 1)
- § 626.854, Fla. Stat. (public adjuster; 14-day response to a written claim-status request)
- §§ 760.22, 760.26, 760.35, Fla. Stat. (Florida Fair Housing Act, as amended by Ch. 2026-179)
- Fla. Admin. Code R. 61B-23.0021 (condominium election envelope procedure)
- Session laws: Ch. 2024-221 (HB 1203); Ch. 2024-244 (HB 1021); Ch. 2025-175 (HB 913); Ch. 2026-14; Ch. 2026-63 (HB 803); Ch. 2026-168 (HB 797); Ch. 2026-174 (SB 1452); Ch. 2026-179 (HB 1389)