Florida Condominium Law Attorney | Chapter 718 Representation for Associations & Unit Owners
Understanding Florida condominium law is essential for developers, condominium associations, unit owners, and investors. At Bernhardt Riley, Attorneys at Law, PLLC, based in Palm Harbor, we assist clients throughout Florida in navigating the statutes and regulations that govern condominium ownership, development, and management — including Chapter 718, Florida Statutes (the Florida Condominium Act) and related regulations adopted by the Division of Florida Condominiums, Timeshares, and Mobile Homes.
Condominium law in Florida addresses a wide range of issues, including association governance, compliance requirements, document enforcement, and the management and maintenance of common areas. These rules can affect property rights, financial obligations, and long-term planning for both associations and individual unit owners. Our attorneys focus on helping clients understand these issues and evaluate available options when disputes or questions arise.
The Florida Condominium Act: Chapter 718 Overview
Chapter 718, Florida Statutes, is the primary statutory framework governing condominiums in Florida. Key subjects addressed by the Act include:
- Declaration of condominium and how it creates the condominium form of ownership
- Articles of incorporation, bylaws, and rules — the hierarchy of governing documents
- Unit owner rights, including access to official records, meeting notice, and voting
- Board election procedures, recall elections, and director qualifications
- Regular and special assessments — how they are levied, collected, and challenged
- Reserves, budgets, and financial reporting obligations
- Structural integrity reserve studies (SIRS) and milestone inspections enacted after Surfside
- Common element maintenance, alterations, and material alterations
- Lien, foreclosure, and collection remedies for unpaid assessments
- Developer obligations, warranties, and turnover from developer to unit owner control
- Leasing restrictions, tenant approval, and rental limitations
- Dispute resolution through mandatory non-binding arbitration or pre-suit mediation
Because the Act is updated frequently — including major post-Surfside reforms addressing structural integrity, reserves, and milestone inspections — associations and unit owners benefit from working with attorneys who track these changes in real time.
Condominium Law Issues Commonly Encountered in Florida
Condominium associations and unit owners may encounter a variety of legal questions and challenges, including those involving:
- Condominium association (COA) disputes
- Interpretation and application of the Florida Condominium Act (Chapter 718, Florida Statutes)
- Disaster recovery and storm-related issues
- Hurricane-related claims
- Water intrusion and toxic mold concerns affecting units or common areas
- Injury claims arising in common areas
- Enforcement of covenants, rules, and restrictions
- Budget increases and assessment-related disputes
- Leasing restrictions and rental limitations
- Lien and foreclosure-related issues
Questions surrounding these matters often depend on governing documents, statutory requirements, and the specific facts of a situation. Early review of association documents and project history can help clarify rights and responsibilities for all parties involved.
Guidance for Condominium Associations
Condominium associations carry significant fiduciary responsibilities and face layered legal requirements. We advise boards and management on matters including:
- Governing document review and amendment — declarations, bylaws, rules, and policies
- Covenant and rule enforcement — architectural controls, pets, nuisances, parking, and leasing
- Assessment collection — demand letters, liens, and foreclosure proceedings when appropriate
- Director and officer duties — fiduciary obligations, conflicts of interest, and indemnification
- Budget, reserve, and special-assessment issues
- Milestone inspections and Structural Integrity Reserve Studies under post-Surfside reforms
- Vendor contracts and construction defect claims
- Insurance coverage disputes, including post-hurricane claims
Guidance for Condominium Unit Owners
Unit owners sometimes need experienced counsel when an association’s decisions affect their home, finances, or quiet enjoyment. Common issues include:
- Contested special assessments or assessment increases
- Denials of architectural requests or alteration requests
- Selective rule enforcement or discrimination concerns
- Access to official records under Chapter 718
- Notice and voting irregularities at member meetings
- Leasing or use restrictions imposed after purchase
- Threatened foreclosure over disputed assessments
- Construction or repair disputes that affect your unit
Whether the issue is a single denied request or a pattern of conduct, the first step is usually a careful review of the declaration, bylaws, rules, and relevant meeting minutes.
Documents That Typically Control a Florida Condominium Dispute
Condominium issues frequently turn on a layered documentation framework:
- Florida Condominium Act (Chapter 718, Florida Statutes)
- Declaration of Condominium — the foundational document recorded in county land records
- Articles of Incorporation of the association
- Bylaws
- Rules and Regulations adopted by the board
- Board resolutions, meeting minutes, and notices
- Community-wide policies (architectural guidelines, leasing policies, collections policies)
Where these documents conflict, Florida law generally recognizes a hierarchy — the statute prevails over inconsistent documents, and the declaration prevails over inconsistent bylaws or rules. Careful analysis of the document stack is often the first step in evaluating any condominium matter.
Post-Surfside Reforms: Milestone Inspections & SIRS
Following the 2021 Surfside tragedy, the Florida Legislature enacted significant reforms affecting condominium buildings three stories or higher. Associations should be aware of:
- Milestone inspections at specific building ages, performed by a licensed architect or engineer
- Structural Integrity Reserve Studies (SIRS) at defined intervals
- Reserve funding requirements for items identified in the SIRS
- Reporting and transparency obligations to unit owners
- Potential assessment and budgeting implications for needed repairs
These reforms have produced new disputes over how associations fund and implement required repairs. Both boards and unit owners benefit from understanding the statutory framework before making decisions.
Frequently Asked Questions About Florida Condominium Law
What is the Florida Condominium Act?
The Florida Condominium Act is Chapter 718 of the Florida Statutes. It establishes the legal framework for creating, operating, and dissolving condominiums in Florida, and sets out many of the rights and obligations of associations, unit owners, and developers.
Who regulates condominiums in Florida?
Florida condominiums are regulated primarily by the Division of Florida Condominiums, Timeshares, and Mobile Homes, within the Department of Business and Professional Regulation (DBPR). The Division’s role includes rule-making, certain investigations, and arbitration of specified disputes.
Can a condominium association impose a special assessment?
Yes, subject to the requirements of the declaration, bylaws, and Chapter 718. Disputes often focus on whether proper notice was given, whether the assessment is consistent with governing documents and statutory authority, and whether the expense is a proper common expense. Specific facts and documents control.
Can a Florida condominium association restrict rentals?
Leasing restrictions may be enforceable when properly adopted. Chapter 718 contains specific requirements regarding when and how rental restrictions apply to existing unit owners versus purchasers who acquire units after a restriction is adopted. Whether a restriction applies to a particular owner often depends on when the restriction was recorded and when the owner took title.
How do I access my association’s official records?
Under Chapter 718, unit owners generally have a right to inspect association official records within a specified timeframe after written request, subject to statutory exceptions (e.g., attorney-client privileged materials, certain personnel records). Associations may adopt reasonable rules governing inspections.
What happens if I don’t pay my assessments?
Unpaid assessments can result in interest, late fees, attorney’s fees, a recorded lien against the unit, and — in some cases — foreclosure of the lien. Associations generally must follow specific statutory notice procedures before taking these steps. If you dispute an assessment, consult counsel promptly so the dispute is addressed within the required timelines.
What is a milestone inspection in Florida?
A milestone inspection is a structural inspection required for certain condominium buildings of three stories or more in height, performed at statutory intervals after a building reaches a specified age. Required reports and repairs flowing from the inspection can have significant financial and governance implications for the association.
Can I sue my condominium association?
Whether a claim exists depends on facts, governing documents, and statutory requirements. Chapter 718 also requires pre-suit mediation or non-binding arbitration for certain categories of disputes before litigation may be filed. An attorney can assist with evaluating procedural posture and potential claims.
Related Real Estate Practice Areas
- HOA Disputes
- COA (Condominium Association) Disputes
- Failure to Disclose / Johnson v. Davis Claims
- Hurricane Damage Claims
- Toxic Mold & Water Intrusion
For more context on related community-association disputes, see our article on common reasons homeowners may face litigation with an HOA.
Consult With Us About Florida Condominium Law Matters
If you have questions or concerns related to condominium law in Florida, Bernhardt Riley, Attorneys at Law, PLLC is available to discuss your situation. Our attorneys work across a broad range of practice areas and assist clients with condominium-related legal issues throughout the state.
To schedule a consultation, call (727) 275-9575 or complete our online contact form. Our team is ready to provide clear, practical guidance to help you navigate the complexities of Florida condominium law with confidence.
Serving Tampa Bay, Clearwater, Palm Harbor, Destin, St. Petersburg, Jacksonville, and all of Florida.