This page is current through the 2026 regular session and states the law as of July 1, 2026. Condominium reserve law was rewritten three times in four years and then left alone. SB 4-D created the structural integrity reserve study in 2022, SB 154 adjusted it in 2023, HB 1021 refined it in 2024, and HB 913 reshaped the funding rules in 2025. Nothing passed in 2026. What remains is a set of dates, and several of them are close.
The 2026 session changed nothing here
No 2026 bill amended § 718.112(2)(f) or (2)(g) as a governance matter. 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. The reviser's bill, Ch. 2026-14, touched § 718.112 and is technical only, which is why the section's history line shows a 2026 citation.
That is worth saying plainly to owners who have heard that the Legislature was going to relax the reserve rules. It did not. The proposals were filed, they moved, and they died. The funding obligations and the study deadlines stand exactly as HB 913 left them.
What HB 913 (2025) did to reserve funding
CS/CS/HB 913, Ch. 2025-175, was approved June 23, 2025 and took effect July 1, 2025. Its reserve work is at § 718.112(2)(f)2.
- The threshold moved from $10,000 to $25,000. Under § 718.112(2)(f)2.a., the deferred maintenance or replacement cost figure that pulls an item into the reserve schedule is $25,000, or the Division's inflation-adjusted amount if that is greater. A board that is still budgeting against $10,000 is funding items the statute no longer requires it to fund, which is not unlawful but is not free either.
- Waiver is restricted. Under § 718.112(2)(f)2.b., an association required to have a structural integrity reserve study may not waive or reduce funding for the items the study covers. The restriction is keyed to a budget date of December 31, 2024. Reserves for items outside the study can still be waived by a majority of the total voting interests.
- Borrowing is expressly allowed. Section 718.112(2)(f)2.c.(I) permits reserves to be funded by special assessment, line of credit or loan, and requires approval of a majority of the total voting interests. Sub-sub-subparagraph (II) is the milestone and SIRS facility: a unit-owner-controlled association that must have a study may secure a line of credit or loan for capital expenses required by a milestone inspection, and that funding must be immediately available to the board without further member approval.
- Pooling is permitted. Reserve accounts may be pooled, and the board may move between pooled and straight-line accounting without a member vote.
- A temporary pause exists, and it sunsets. Section 718.112(2)(f)2.e. allows an association that has completed a milestone inspection, on approval of a majority of the total voting interests, to pause or reduce reserve contributions for no more than two consecutive annual budgets in order to fund repairs the milestone inspection recommended. It applies only to a budget adopted on or before December 31, 2028.
The SIRS deadlines, and the one that has not passed
Section 718.112(2)(g)7. sets the deadlines. An association existing on or before July 1, 2022 and under unit owner control had to have a structural integrity reserve study completed by December 31, 2025 for each building on the condominium property that is three stories or higher in height. That date has passed. The statute then says that in no event may a structural integrity reserve study be completed after December 31, 2026.
If your association missed the 2025 date, the practical question is not whether you are late. You are. The question is whether the study will be finished before the outside date, because an association that lands on the far side of December 31, 2026 has no statutory path back. Engineering firms in Southwest Florida were booked months out through 2025, and a board that has not engaged a provider by now should treat it as the most time-sensitive item on its agenda.
There is one lawful way to sit still. Under § 718.112(2)(g)9., an association that completes a milestone inspection may delay the study for no more than the two consecutive budget years immediately following the inspection. That is a delay, not an exemption, and it does not move the December 31, 2026 outside date. Read the two provisions together before relying on either.
Cooperatives ran on a different clock. The cooperative deadline in § 719.106(1)(k) was December 31, 2024, a full year earlier, with the same December 31, 2026 outside date. If your board also sits on a cooperative, do not apply the condominium date to it.
What the study has to cover
A structural integrity reserve study is a visual inspection of the common elements plus a reserve funding analysis. The statutory components are the roof; the load-bearing walls and other primary structural members; the floor; the foundation; fireproofing and fire protection systems; plumbing; electrical systems; waterproofing and exterior painting; windows and exterior doors; and any other item with a deferred maintenance or replacement cost over the threshold whose failure would negatively affect one of the listed items.
That last catch-all is where boards and engineers disagree. An elevator, a seawall or a parking deck is not on the named list, but if its failure would affect the structure, the study has to reach it. This is a question to resolve with the engineer in writing before the scope is fixed, not after the report is delivered. Our page on what a SIRS is and what it must contain goes through the components one at a time.
The affidavit and the two 45-day duties
HB 913 added three administrative duties that follow a completed study, and they are the easiest points to fail because nothing external prompts them.
- The receipt affidavit. Under § 718.112(2)(g)10., an officer or director must sign an affidavit acknowledging receipt of the completed study. That affidavit is itself an official record.
- Distribution within 45 days. Under § 718.112(2)(g)11., within 45 days after receiving the study the association must distribute a copy to each unit owner or deliver notice that the completed study is available for inspection and copying.
- A statement to the Division within 45 days. Under § 718.112(2)(g)12., within the same 45 days the association must provide the Division a statement that the study was completed and that it was provided or made available to each owner.
The two 45-day duties run from the same event and are separate obligations. Boards do the first, because owners ask for the report. The Division statement has no constituency and is the one that gets missed. It is filed through the association's Division online account under § 718.501(3), which condominium and cooperative associations were required to create on or before October 1, 2025.
2022, 2023 and 2024: how the rules got here
2022. SB 4-D, Ch. 2022-269. The post-Surfside act. It created the structural integrity reserve study at § 718.112(2)(g) and, for the first time, made reserves for study items non-waivable. Before SB 4-D, a Florida condominium could and routinely did waive reserves every year by a vote at the budget meeting.
2023. SB 154, Ch. 2023-203. Adjusted the scope and moved deadlines. This is the act that put the condominium study deadline where it ended up and narrowed some of the component list. It also added a § 718.1255(1)(d) and amended § 718.1255(5) with an effective date of July 1, 2027, which is not yet in force and is a common source of confusion when someone reads the section online.
2024. HB 1021, Ch. 2024-244. The condominium omnibus. Its reserve and study work was refinement rather than redesign, alongside the larger changes to records, director education and manager obligations.
2021 did nothing here, for the simple reason that the structural integrity reserve study did not exist. Reserve law in 2021 was the old § 718.112(2)(f) waiver regime. If your association's reserve policy has not been reviewed since 2021, it is describing a legal framework that no longer exists.
What a board should do with this before the next budget
- Confirm in writing which buildings on your property are three stories or higher, and therefore which require a study.
- If no study is complete, engage a provider now and calendar the December 31, 2026 outside date as a board deadline, not an aspiration.
- If a study is complete, confirm the affidavit was signed, the owners received the report or notice within 45 days, and the Division statement was filed within 45 days.
- Rebuild the reserve schedule against the $25,000 threshold rather than $10,000, and document the change in the budget packet.
- If the board is considering the pause, count the budget years against the December 31, 2028 sunset and get the majority of total voting interests properly noticed and recorded.
- Decide pooled or straight-line deliberately, and record the decision; the board can make this choice without an owner vote.
Where the numbers are large, the funding decision and the special assessment or borrowing decision should be made together rather than in sequence, and our guidance on budgeting for structural repairs sets out how those pieces fit. The related milestone inspection changes drive several of these dates.
Frequently Asked Questions About SIRS and Reserve Law Changes
Did the 2026 session change the reserve or SIRS rules?
No. No 2026 bill amended § 718.112(2)(f) or (2)(g) as a governance matter. The omnibus HB 657 passed the House and died in Senate Rules on March 13, 2026. The reviser's bill, Ch. 2026-14, touched § 718.112 for technical reasons only, which is why a 2026 citation appears in the section's history line.
Our SIRS was not done by December 31, 2025. What now?
Engage a provider immediately. The association is late, but § 718.112(2)(g)7. also provides that in no event may a study be completed after December 31, 2026, and there is no statutory relief beyond that date. Document the engagement and the timeline in the minutes, notify owners, and treat the outside date as fixed when scheduling the engineer.
What is the reserve threshold now?
Under § 718.112(2)(f)2.a., the threshold is $25,000, or the Division's inflation-adjusted amount if that figure is greater. HB 913 raised it from $10,000 in 2025. The threshold determines which deferred maintenance and replacement items must be included in the reserve schedule; it does not limit what the association may choose to reserve for.
Can we still waive reserves?
Only partly. An association required to have a structural integrity reserve study may not waive or reduce funding for the items that study covers, under § 718.112(2)(f)2.b. Reserves for items outside the study may still be waived or reduced by a majority of the total voting interests. The pause at § 718.112(2)(f)2.e. is a separate and narrower mechanism with a December 31, 2028 sunset.
Can the association borrow to pay for milestone or SIRS repairs?
Yes. Section 718.112(2)(f)2.c.(I) allows reserves to be funded by special assessment, line of credit or loan on approval of a majority of the total voting interests. Sub-sub-subparagraph (II) addresses a line of credit or loan secured by a unit-owner-controlled association for capital expenses required by a milestone inspection, and requires that the funding be immediately available to the board without further member approval.
We distributed the study to owners. Is anything else due?
Yes. Two 45-day duties run from receipt. Distribution to owners is § 718.112(2)(g)11. A statement to the Division that the study was completed and made available is § 718.112(2)(g)12. An officer or director also has to sign an affidavit acknowledging receipt under § 718.112(2)(g)10. The Division statement is the one most often missed.
Contact Hamilton Mikes
Hamilton Mikes advises Southwest Florida condominium boards on reserve funding decisions, structural integrity reserve study scope and timing, the borrowing and pause mechanisms, and the notices and filings that follow a completed study. Call 239-594-7227 or visit our Budgeting and Financial Reporting page.
Statutes and authorities referenced
- § 718.112(2)(f)2.a., Fla. Stat. (reserve item threshold; $25,000 or the Division's inflation-adjusted amount)
- § 718.112(2)(f)2.b., Fla. Stat. (waiver and reduction; restriction for associations required to have a SIRS)
- § 718.112(2)(f)2.c.(I) and (II), Fla. Stat. (special assessment, line of credit or loan; milestone and SIRS funding facility)
- § 718.112(2)(f)2.e., Fla. Stat. (temporary pause or reduction; budget adopted on or before December 31, 2028)
- § 718.112(2)(f)2.f., Fla. Stat. (developer-controlled association may not vote to waive or reduce reserves before turnover)
- § 718.112(2)(g)7., Fla. Stat. (SIRS deadline of December 31, 2025; outside date of December 31, 2026)
- § 718.112(2)(g)9., Fla. Stat. (delay of up to 2 consecutive budget years after a milestone inspection)
- § 718.112(2)(g)10., Fla. Stat. (officer or director affidavit acknowledging receipt)
- § 718.112(2)(g)11., Fla. Stat. (45 day distribution to unit owners)
- § 718.112(2)(g)12., Fla. Stat. (45 day statement to the Division)
- § 718.501(3), Fla. Stat. (Division online account; required on or before October 1, 2025)
- § 719.106(1)(k), Fla. Stat. (cooperative SIRS deadline of December 31, 2024)
- § 553.899, Fla. Stat. (milestone inspections)
- Session laws: Ch. 2022-269 (SB 4-D); Ch. 2023-203 (SB 154); Ch. 2024-244 (HB 1021); Ch. 2025-175 (CS/CS/HB 913); Ch. 2026-14 (SB 104, reviser's bill)