FL H1021

Community association managers must return all official records within 20 business days after contract termination or written request, facing civil penalties of $1,000 per day (up to 10 business days) and license suspension for noncompliance; managers and firms must disclose conflicts of interest to the board, with contracts involving the manager or relatives exceeding $2,500 requiring competitive bids and two-thirds board approval.

Criminal penalties are established or strengthened for association misconduct, including: knowingly and repeatedly violating records access requirements (second-degree misdemeanor), destroying or failing to create accounting records (first-degree misdemeanor), withholding records to conceal a crime (third-degree felony), soliciting or accepting kickbacks (third-degree felony), fraudulent voting activities (first-degree misdemeanor), and unauthorized use of debit cards for association expenses (theft under s. 812.014).

Board directors must complete both a written certification and a minimum 4-hour educational curriculum (covering milestone inspections, reserve studies, elections, financial literacy, and more) within 1 year before or 90 days after election, plus at least 1 hour of annual continuing education; directors are limited to 8 consecutive years of service unless approved by two-thirds vote or insufficient candidates run.

Structural integrity reserve studies are required every 10 years for buildings of 3+ stories for both condominiums and cooperatives, covering roof, structure, plumbing, electrical, waterproofing, and other items exceeding $10,000; associations existing before July 1, 2022 must complete studies by December 31, 2024 (extendable to December 31, 2026 if a milestone inspection is also due), and reserves for structural integrity items may not be waived or reduced for budgets adopted on or after December 31, 2024.

Hurricane protection provisions apply to all residential and mixed-use condominiums, requiring declarations to specify whether the unit owner or association is responsible for installation, maintenance, and replacement; board-approved installation is not a material alteration, unit owners who previously installed compliant protection receive assessment credits, and associations may not charge unit owners for removal/reinstallation costs when maintenance of association property necessitates the work.

Official records and transparency requirements are significantly expanded, including mandatory retention of invoices, bids, building permits, and board education certificates; associations must provide a checklist of records in response to written requests, maintain records in an organized manner, and—effective January 1, 2026—associations with 25+ units (down from 150) must post key documents including reserve studies, inspection reports, conflict-of-interest contracts, and meeting agendas on a website or application at least 7 days before meetings.

The Division of Florida Condominiums' post-turnover jurisdiction is expanded to investigate complaints across eight enumerated categories including financial issues, elections, records access, meeting procedures, conflicts of interest, officer removal, structural integrity reserve studies, and unit owner written inquiries; the division receives $6,122,390 in recurring funds, $1,293,879 in nonrecurring funds, and 65 new full-time positions to support enforcement.

Anti-SLAPP protections are extended to prohibit associations from retaliating against unit owners through fines or discriminatory assessments; boards must meet at least quarterly (for associations with more than 10 units) with at least four annual opportunities for members to ask questions, and meeting notices must specifically identify all agenda items with copies of any contracts to be approved.

Nondeveloper resale disclosure requirements are expanded effective October 1, 2024, requiring sellers to provide buyers with the annual financial statement and budget, inspector-prepared milestone inspection summary, most recent structural integrity reserve study, turnover inspection report (for inspections after July 1, 2023), and a standardized "Frequently Asked Questions" document, with a 3-day right to void the contract if documents are not provided before execution.

The Condominium Ombudsman appointment authority shifts from the Governor to the Secretary of DBPR, the requirement that the ombudsman be a licensed attorney is removed, and the division must create a public database by January 1, 2025 listing associations that have completed structural integrity reserve studies; milestone inspection exemptions are extended to four-family dwellings with three or fewer habitable stories.