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Florida Cooperative Law Center

Florida cooperative law resources for co-op boards: Chapter 719 governance, proprietary leases, records, reserves, SIRS, collections, transfers, and recovery.

Reviewed by Jason Hamilton Mikes, JD, MBA · · Florida Statutes as of July 1, 2026

Florida cooperative associations operate under Chapter 719, Florida Statutes (the Cooperative Act), the Florida Not For Profit Corporation Act, the rules of the Division of Florida Condominiums, Timeshares, and Mobile Homes, and their own articles of incorporation, bylaws, proprietary leases or occupancy agreements, master leases, and rules.

The Florida Cooperative Law Center provides practical educational information for cooperative directors, officers, committee members, shareholders, and managers. Because Chapter 719 was modeled on the Condominium Act, most of the firm's condominium guides apply to cooperatives with changes of terminology, and they are listed below with an "Applies to" line.

Published Guides

All 54 published guides that apply to Florida cooperative associations, grouped by topic. A guide that addresses more than one kind of association appears in every section it applies to; the “Applies to” line on each card shows which.

Start Here: Fundamentals

What Is a Florida Cooperative Association

The cooperative form explained: association-held title, shares plus a proprietary lease, how creation works, and how co-ops compare with condominiums and HOAs.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Understanding Chapter 719

A working tour of the Cooperative Act: its six parts, the sections boards use daily, Division oversight under § 719.501, and where it parts company with condominium law.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Cooperative Governing Documents

The cooperative document set, why Chapter 719 gives no express order of authority, how the proprietary lease fits, and the vote thresholds for amending each instrument.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Proprietary Leases and Occupancy Agreements

The proprietary lease explained: statutory basis, the member and tenant relationship, typical covenants, maintenance and insurance gaps, and the association's remedies on default.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

When a Board Needs an Attorney

The decisions, letters and deadlines that should trigger a call to the association's attorney, the ones that usually do not, and using counsel efficiently.

  • Condominiums
  • HOAs
  • Cooperatives
  • Clubs
Jason Hamilton Mikes · September 22, 2026

Reading Your Governing Documents

The order of authority among the declaration, articles, bylaws and rules; how Chapter 718 and 720 override them; Kaufman language; and the clauses boards misread.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Governance and Board Operations

Board Meeting Requirements

Notice deadlines, open meetings, closed sessions, committees and remote participation for a Florida cooperative board under section 719.106.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Board Member Certification

Florida director education rules for condo and HOA boards: the 4-hour course within 90 days, the written certification, continuing education and penalties.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 22, 2026

Director Fiduciary Responsibilities

Fiduciary duties of Florida association directors under §§ 718.111, 720.303 and 617.0830, the business judgment rule, volunteer immunity and liability.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Director Conflicts of Interest

Florida conflict-of-interest rules for condo and HOA directors: § 718.3027 and § 720.3033 disclosure, leaving the room, recusal, member cancellation and kickbacks.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Board Email and Text Messages

Chapters 718 and 720 on director emails and texts: information yes, votes no, a quorum deliberating is an unnoticed meeting, and messages may be records.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Meetings, Elections and Recalls

Cooperative Elections

The statutory election sequence, candidate eligibility, ballots and proxies, director certification and recall for Florida cooperative boards.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Board Election Requirements

The Florida condo election calendar (60-, 40- and 14-day notices, 20% turnout, secret ballots), how HOA elections differ, eligibility and disputes.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 22, 2026

Ballots, Proxies, Voting Certificates and Electronic Voting

When Florida associations may use general and limited proxies, when secret ballots are required, who signs a voting certificate, and how e-voting is adopted.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 22, 2026

Board Recall Procedures

Florida's recall process for condo, co-op and HOA directors: written agreements vs. recall meetings, the board's 5-business-day meeting and arbitration.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Board Meeting Notices and Agendas

Florida condo and HOA board meeting notice rules: 48-hour posting, 14-day notice for assessments and use rules, agendas, owner rights and closed sessions.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Annual Meeting Planning

How to run a compliant Florida condo or HOA annual meeting: the 60/40/14-day notice timeline, quorum, limited and general proxies, owner rights and records.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Meeting Minutes

What condo and HOA minutes must contain under Chapters 718 and 720 (each director's vote), what to omit, closed sessions, committees, retention and access.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Official Records

Official Records

The cooperative official records list, retention periods, the 10 working day deadline, protected categories, copy charges and penalties.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Responding to Official Records Requests

Florida condo, co-op and HOA records requests: the 10-day deadlines, what owners may inspect, what may be withheld, the $50-a-day penalty and a checklist.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Records Retention Requirements

How long Florida condo, co-op and HOA associations must keep each category of records, which are permanent, the one-year election rule and board emails.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Budgets, Reserves and Structural Safety

Cooperative Budgets and Reserves

How a Florida co-op adopts its annual budget, funds reserves, what is left of the reserve waiver, and the reporting deadlines under Chapter 719.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

SIRS for Cooperatives

Whether milestone inspections and structural integrity reserve studies reach a Florida co-op, the deadlines that differ from condominiums, and what follows.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Structural Integrity Reserve Studies (SIRS)

What a SIRS must cover, which Florida condo and co-op buildings need one, who may prepare it, the deadlines, and what happens if the board does not comply.

  • Condominiums
  • Cooperatives
  • Multi-condominiums
Jason Hamilton Mikes · September 22, 2026

Milestone Inspections

Which Florida condo and co-op buildings need a milestone inspection, when Phase 1 and Phase 2 are due, what owners must receive, and the repair deadline.

  • Condominiums
  • Cooperatives
  • Hotel condominiums
Jason Hamilton Mikes · September 23, 2026

Reserve Funding Requirements

Which reserves Florida condo and HOA budgets must include, how they are calculated, what owners may still waive, and the 2024 cutoff for structural reserves.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Special Assessments

When a Florida association board may levy a special assessment, the 14-day notice and its required contents, when owners must vote, and how funds may be used.

  • Condominiums
  • HOAs
  • Cooperatives
  • Master associations
Jason Hamilton Mikes · September 22, 2026

Annual Budget Adoption

How to adopt a Florida condo or HOA budget: the planning calendar, required contents, the 14-day notice with a copy of the budget and the 115 percent rule.

  • Condominiums
  • HOAs
  • Cooperatives
  • Master associations
Jason Hamilton Mikes · September 22, 2026

Assessments, Collections and Liens

Share Loans and Recognition Agreements

How a lender secures a Florida share loan, what a recognition agreement should and should not contain, and why the association has no statutory safe harbor to worry about.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Maintenance Fee Collection

The assessment obligation, interest and late fees, the notice sequence before a co-op lien, and the suspensions available for a 90-day delinquency.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Cooperative Liens and Remedies

Where the cooperative lien lives in Chapter 719, what it attaches to, how its priority differs from a condominium lien, and the remedies that follow.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Terminating a Proprietary Lease for Nonpayment

How a cooperative terminates a proprietary lease for nonpayment, why Part II of Chapter 83 does not apply, and what happens to the shares.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Assessment Collection Timeline and Notices

The statutory sequence for collecting delinquent Florida condo and HOA assessments: 30-day late notice, 45-day lien notice, claim of lien and foreclosure.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Claims of Lien and Foreclosure

The Florida condo and HOA lien foreclosure timeline: 30- and 45-day notices, the claim of lien, the complaint, HOA qualifying offers, sale and redemption.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Payment Plans and Owner Bankruptcy

How Florida associations structure payment plans that preserve the lien, apply payments in statutory order, and respond to Chapter 7 or 13 bankruptcies.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Rules, Enforcement and Owner Conduct

Transfer and Purchaser Approval

Where a cooperative board's approval power comes from, the $100 fee cap, rights of first refusal, and the restraint on alienation limit on an arbitrary denial.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Screening Applicants Lawfully

What a cooperative board may ask an applicant, the FCRA duties that attach when you order a report, and how to build criminal history criteria that survive review.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Leasing and Subletting

Why renting a cooperative unit is a sublease, what § 719.105(3) does to amenity rights, and why the condominium grandfathering rule does not apply here.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Succession and Estates

What a cooperative board should do when a member dies: the shares and the lease as estate assets, occupancy, assessments, and the unresolved homestead question.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Enforcing the Proprietary Lease

Handling nuisance, unauthorized occupants, pets and unapproved alterations in a cooperative, using § 719.303 fines and the lease remedies together.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Fines, Hearings and Suspensions

Florida condo and HOA fining rules: $100-a-day limits, the 14-day notice, the independent hearing committee, when fines become liens, and suspensions.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Leasing and Rental Restrictions

How Florida condos and HOAs may restrict leasing and short-term rentals, which owners a new amendment binds, lease-approval fee limits and tenant enforcement.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 22, 2026

Pet Restrictions and Emotional Support Animals

How Florida condo and HOA boards should handle emotional support animal requests under § 760.27: what may be asked, what may be denied, enforceable pet rules.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Covenant Enforcement Guide

Step-by-step covenant enforcement for Florida condo and HOA boards: authority, violation notices, cure periods, the fining committee, selective enforcement.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Architectural Review, Alterations and Maintenance

Material Alterations

What counts as a material alteration under § 718.113(2), the Sterling Village test, the 75 percent default vote, maintenance exceptions and owner alterations.

  • Condominiums
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Maintenance Responsibilities and Limited Common Elements

How Florida allocates condo repairs between association and owner: § 718.113 maintenance, limited common elements, the § 718.111(11) casualty rule and leaks.

  • Condominiums
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

Insurance, Hurricane and Disaster Recovery

Cooperative Insurance Responsibilities

What a cooperative association must insure, what the member insures, and why Chapter 719 leaves the allocation to your proprietary lease.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Hurricane Recovery for Cooperatives

Emergency powers under section 719.128, the association's duty to rebuild as owner of the building, funding the work, and what happens if restoration is not viable.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Emergency Powers After a Hurricane

The emergency powers Florida condo, co-op and HOA boards hold during a declared state of emergency, their limits, how long they last, and documentation.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 22, 2026

Filing an Association Insurance Claim After a Storm

Step-by-step guide for Florida association boards filing a hurricane insurance claim: notice deadlines, documentation, mitigation, adjusters and appraisal.

  • Condominiums
  • HOAs
  • Cooperatives
  • Clubs
Jason Hamilton Mikes · September 22, 2026

Restoration Contracts After a Hurricane

What Florida boards must check before signing post-storm roofing and restoration contracts: license, insurance, no AOB, no advance payments and lien releases.

  • Condominiums
  • HOAs
  • Cooperatives
  • Mobile home communities
Jason Hamilton Mikes · September 23, 2026

Condominium Insurance Responsibilities

Section 718.111(11) insurance rules: replacement-cost coverage, 36-month appraisals, deductibles, fidelity and D&O, the owner's HO-6 items, wind and flood.

  • Condominiums
  • Cooperatives
  • Hotel condominiums
Jason Hamilton Mikes · September 23, 2026

Disputes, Mediation and Litigation

Cooperative Arbitration and Mediation

How § 719.1255 imports the condominium ADR statute, which cooperative disputes must go to the Division first, and which go straight to court.

  • Cooperatives
Jason Hamilton Mikes · September 25, 2026

Arbitration and Presuit Mediation

How § 718.1255 arbitration and § 720.311 presuit mediation work: covered disputes, the demand, deadlines, fees, trial de novo and refusals to participate.

  • Condominiums
  • HOAs
  • Cooperatives
Jason Hamilton Mikes · September 23, 2026

How a Cooperative Differs From a Condominium

In a cooperative, the association itself holds title to the land and buildings. Each member owns a share or membership interest in the corporation coupled with a proprietary lease or occupancy agreement for a particular unit; in a condominium, the owners hold title to their units and undivided shares of the common elements, and the association owns nothing. The difference matters most in four places: the proprietary lease, which carries the use restrictions and maintenance obligations a condominium declaration would carry; transfers and occupancy approvals, which cooperative documents commonly regulate more closely than condominium documents do; the treatment of a unit's mortgage or share loan in collections; and the cooperative's own status as a corporate landowner for insurance, tax, and contracting purposes.

The governance framework is nearly identical. Chapter 719 requires open board meetings on 48 hours' posted notice, with 14 days' mailed or delivered notice for meetings that consider nonemergency special assessments or rules governing unit use; a statutory election procedure with a first notice at least 60 days before the election, candidate notices 40 days before, a second notice with the ballot, and a valid election only if at least 20 percent of eligible voters cast a ballot; official records open to members; an annual budget with reserves that the members may waive or reduce only by a majority of the total voting interests; and Division arbitration or presuit mediation for most disputes between the association and its members. The emergency powers available to condominium boards after a declared state of emergency are available to cooperative boards under section 719.128.

Structural Safety Applies to Cooperatives Too

The post-Surfside safety laws were written for condominium and cooperative buildings. A residential cooperative building three habitable stories or higher must have a milestone inspection under section 553.899 by December 31 of the year it reaches 30 years of age (25 years where the local enforcement agency so determines, including for proximity to salt water) and every ten years thereafter, and a structural integrity reserve study at least every ten years under section 719.106(1)(k). For budgets adopted after December 31, 2024, the members may no longer vote to waive or underfund the reserves for the structural components a SIRS identifies. Our structural integrity reserve study and milestone inspection guides explain both obligations.

Cooperative Governance and Documents

Shares, Transfers, and Occupancy

Budgets, Reserves, and Collections

Enforcement, Disputes, and Recovery

Need Advice About a Cooperative Matter?

Educational materials cannot account for a particular proprietary lease, master lease, board history, or set of facts. Contact Hamilton Mikes before acting on a significant transfer, collection, reserve, election, enforcement, or recovery decision.

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