A Florida condominium association is the corporation that operates a condominium: a form of real property ownership, created under Chapter 718 of the Florida Statutes by recording a declaration of condominium, in which each owner holds title to a unit together with an undivided share of the common elements. The association does not own the building; the owners do, collectively. What the association holds is the statutory and contractual authority to maintain, insure, budget for, and govern the property on the owners' behalf, and the corresponding duty to do so within the rules Chapter 718 sets.
How a condominium is created
A condominium exists only when a developer, or the owners of an existing building converting it, records a declaration of condominium in the official records of the county where the land lies. Section 718.104 lists what the declaration must contain: a legal description of the land, the name of the condominium, a survey and plot plan identifying each unit and the common elements, each unit's share of the common elements and common expenses, the voting rights appurtenant to each unit, the maintenance responsibilities of the association and the owners, use restrictions, and the articles and bylaws of the association. The declaration is a covenant running with the land: every person who takes title to a unit is bound by it whether or not they read it.
Three defined terms do most of the work in condominium law:
- A unit is the part of the condominium property subject to exclusive ownership. Its boundaries are defined in the declaration, typically the unfinished interior surfaces of the perimeter walls, floor, and ceiling.
- The common elements are everything that is not a unit: the land, the structure, the roof, the exterior walls, the hallways, the pool, the parking lot, and the pipes and wires that serve more than one unit.
- Limited common elements are common elements the declaration reserves for the use of one or more units to the exclusion of others: a balcony, an assigned parking space, a storage locker. They are owned by all but used by some, and the declaration decides who maintains them.
Our guide to maintenance responsibilities and limited common elements explains why those definitions determine who pays when something breaks.
What the association is
Section 718.111 provides that the operation of the condominium is by the association, which must be a Florida corporation, for profit or not for profit. Nearly every residential association is organized under Chapter 617 as a not-for-profit corporation, which means its directors owe the duties that chapter imposes and its members are the unit owners. Membership is automatic and inseparable from ownership: an owner cannot resign from the association or refuse to pay assessments while keeping the unit.
The association acts through a board of administration elected by the owners under the detailed election procedure in section 718.112(2)(d), and through officers the board elects. Directors and officers stand in a fiduciary relationship to the owners. Our articles on director fiduciary responsibilities and the election process cover both subjects.
What the association must do
Chapter 718 assigns the association a set of powers and, in most cases, makes their exercise mandatory:
| Duty | Statutory source | What it means in practice |
|---|---|---|
| Maintain, repair, and replace the common elements | § 718.113 | The association, not individual owners, is responsible for the structure, roof, and shared systems, and may enter units to do the work |
| Adopt an annual budget with reserves | § 718.112(2)(e)–(f) | A proposed budget goes to owners 14 days before the budget meeting; structural reserves under a structural integrity reserve study cannot be waived for buildings three stories or taller |
| Levy and collect assessments; lien and foreclose for nonpayment | § 718.115, § 718.116 | Each unit pays its declared share of common expenses; unpaid assessments become a lien that can be foreclosed like a mortgage |
| Insure the property | § 718.111(11) | Full replacement-cost coverage based on an appraisal at least every 36 months, plus fidelity coverage for those who handle funds |
| Keep official records and make them available | § 718.111(12) | Owners may inspect nearly all records within ten working days of a written request; larger associations post them online |
| Report financially | § 718.111(13) | Annual compiled, reviewed, or audited financial statements depending on revenue, delivered to owners |
| Hold open board meetings and annual membership meetings | § 718.112(2)(b)–(d) | 48-hour posted notice for board meetings; 14-day notice for membership meetings; owners may speak and record |
| Adopt and enforce rules; fine and suspend for violations | § 718.111(2), § 718.303 | Rules must be reasonable and consistent with the declaration; fines require notice and a committee hearing |
| Conduct structural inspections and reserve studies | § 553.899, § 718.112(2)(g) | Milestone inspections at 30 years (25 in some coastal areas) and every 10 years after; a structural integrity reserve study every 10 years |
The association may also purchase units, borrow money, grant easements, contract for services, and sue and be sued in its own name on matters of common interest to the owners.
What owners have
Section 718.106 describes the appurtenances that pass with every unit: an undivided share in the common elements and common surplus, the exclusive right to use the limited common elements assigned to the unit, membership in the association with the voting rights the declaration assigns, and the right to use the common elements in common with other owners. Owners also hold statutory rights that the declaration cannot take away: to inspect records, to attend and speak at board meetings, to vote in elections by secret ballot, to receive notice of budgets and special assessments, to display the American flag and certain other flags, to install hurricane protection meeting the association's specifications, and to keep an assistance animal when fair housing law requires it.
With the rights come obligations under section 718.303: to comply with the declaration, bylaws, and rules, to pay assessments, and to maintain the parts of the property the declaration assigns to the owner. An owner who does not may be fined, may lose the use of amenities, may be sued for an injunction, and may lose the unit to an assessment lien foreclosure.
Who regulates condominiums
Condominiums are the most regulated form of community association in Florida. The Division of Florida Condominiums, Timeshares, and Mobile Homes, part of the Department of Business and Professional Regulation, investigates complaints, enforces the statute through warning letters and civil penalties, arbitrates election, recall, and certain other disputes, and collects an annual fee for every unit. The Condominium Ombudsman answers owner and board questions and can monitor elections on request. Homeowners associations under Chapter 720 have no comparable regulator, which is one of the principal differences between the two, explained in our HOA versus condominium association comparison.
How a condominium differs from a cooperative and an HOA
In a cooperative (Chapter 719), the corporation owns the entire property and each owner holds shares in the corporation plus a proprietary lease or occupancy agreement for a specific unit. In a homeowners association (Chapter 720), each owner holds fee title to a lot and home, and the association owns the common areas as a separate parcel. In a condominium, the owners own the units individually and the common elements collectively, and the association owns nothing. That structure explains why condominium law spends so much of its length on maintenance boundaries, insurance allocation, and the sharing of common expenses: the owners are co-owners of a single building whose parts cannot be separated.
Recent changes every condominium board should know
The Condominium Act has been amended in every legislative session since 2021. The changes with the broadest effect are the structural safety reforms enacted after the Champlain Towers South collapse (milestone inspections, structural integrity reserve studies, and the end of structural reserve waivers, phased in from 2022 through 2025); the 2024 legislation creating criminal penalties for records violations, kickbacks, and election fraud, requiring director education, and expanding website posting; and the 2025 adjustments to reserve funding, video-conference meetings, and electronic voting. A board reading its declaration alone will not find any of these. Whether the current statute or the statute in effect when the declaration was recorded governs a particular question depends on whether the declaration adopts Chapter 718 "as amended from time to time," a point we address in our governing documents guide.
Frequently Asked Questions About Florida Condominium Associations
Does the condominium association own the building?
No. The unit owners own the building: each owns a unit outright and an undivided share of the common elements. The association operates and maintains the property on the owners' behalf under Chapter 718 and the declaration, and it may own personal property and, occasionally, a unit it has purchased or acquired through foreclosure.
Is membership in the association optional?
No. Membership is an appurtenance to the unit under section 718.106. Every owner is a member for as long as he or she holds title, and the obligation to pay assessments cannot be avoided by declining to use the amenities or attend meetings.
Who decides how much each owner pays?
The declaration fixes each unit's share of the common expenses, and that share can be changed only by amendment approved by the affected owners and their lienholders. The board decides the total amount to be assessed each year by adopting the budget, subject to the notice and reserve requirements in section 718.112.
Can the association tell me what I can do inside my unit?
Within limits. The declaration may restrict uses (residential only, leasing limits, pets, occupancy), and the board may adopt reasonable rules regarding unit use after 14 days' notice to owners. Rules must be consistent with the declaration and reasonably related to a legitimate purpose, and neither the declaration nor the rules may override statutory rights such as flag display, hurricane protection, and fair housing accommodations.
What is the difference between a condo association and an HOA?
A condominium association operates a property in which owners hold units and share the common elements; a homeowners association operates a community in which owners hold lots and the association owns the common areas. Condominiums are governed by Chapter 718 and regulated by the Division; HOAs are governed by Chapter 720 and are not. The financial, insurance, and structural-safety obligations of condominiums are substantially heavier.
Where can I read the Condominium Act?
Chapter 718 is published by the Florida Legislature at leg.state.fl.us and is updated each year, generally effective July 1. The Division also publishes the administrative rules that implement it in Chapter 61B of the Florida Administrative Code.
Contact Hamilton Mikes
Hamilton Mikes represents condominium associations throughout Southwest Florida in every aspect of Chapter 718 compliance and governance. Call 239-594-7227 or visit our Condominium Associations and Regulatory Compliance pages.
Statutes and authorities referenced
- § 718.103, Fla. Stat. (definitions: condominium, association, unit, common elements, limited common elements)
- § 718.104, Fla. Stat. (creation of a condominium by recorded declaration; required contents)
- § 718.106, Fla. Stat. (appurtenances to a unit)
- § 718.111, Fla. Stat. (the association: corporate status, powers and duties, insurance, official records, financial reporting)
- § 718.112, Fla. Stat. (bylaws; board, meetings, elections, budgets, reserves)
- § 718.115 and § 718.116, Fla. Stat. (common expenses; assessments and liens)
- § 718.303, Fla. Stat. (obligations of owners; enforcement; fines and suspensions)
- § 718.501 and § 718.5012, Fla. Stat. (Division regulation; Condominium Ombudsman)
- Chapter 617, Fla. Stat. (Florida Not For Profit Corporation Act)