2025 Statutory Update – Community Association Law
Another summer session of Florida’s legislature has come and gone and with it, some important changes to statutes affecting condominiums, cooperative associations and homeowners’ associations. What follows is a summary of some of the highlights from the 2025 Florida Legislative session.
Chapter 2025-175, Laws of Florida (Adopted June 23, 2025; Effective July 1, 2025)
Community Association Managers (Chapter 498, Part VIII, Florida Statutes):
- Adds legal obligations owed by CAMS and management companies.
- Requires special language in each CAM contract that the manager will abide by all professional standards and record keeping requirements imposed by applicable law
- Prohibits CAMS from acting in violation of applicable law, even if directed by an association to do so.
- Prohibits inclusion in management contracts of liability reduction provisions or waivers for failing to comply with applicable law.
- Heightens disclosure requirements were the CAM or management company proposes to provide non-management services
Homeowners’ Associations (Chapter 720, Florida Statutes): There were no amendments to the Homeowners’ Association Act.
Condominium Associations (Chapter 718, Florida Statutes):
- Meetings By Video Conferencing
- The definition of video conferencing is broad and includes meetings where two or more participants attend and participate by telephone or video.
- All meetings conducted by “video conference” must be recorded.
- Recordings of all “video conference” meetings must be retained for 1 year.
- Notice for any meeting by “video conference” must including a hyperlink and a call-in number and must have a physical location where owners can attend in person.
- Website: Records must be posted within 30 days of creation or receipt.
- Unit Owner Meetings and Electronic Voting:
- Annual Meeting must be within a 15-mile radius of the condominium property or in the same county.
- Unit owners can petition to require electronic voting for upcoming elections.
- Electronic voting procedures are clarified and unit owners waive ballot secrecy if they vote electronically.
- Hurricane Protection: Unit owners are not responsible for the expense to remove or reinstall hurricane protection items unless specified in the Declaration.
- Division of Florida Condominiums:
- Widened authority to investigate unit owner complaints against associations and to impose penalties for violations (up to $5,000).
- Scope of the Division’s jurisdiction now includes, among other things, board member education, SIRs studies, completion of milestone inspections and financial reporting.
- Associations must create online accounts and report detailed information by October 1, 2025 (keep an eye on the Division’s website for a working link to complete the required register – https://condos.myfloridalicense.com/).
- Budgets, Reserves and Milestone Inspections:
- If assessments exceed 115 percent of the prior budget, the board must propose a substitute budget.
- Reserves may be pooled without a membership vote, but SIRs reserves may only be pooled with other SIRs reserves.
- Contractors, architects and engineers who bid on milestone inspections must disclose conflicts of interest in writing.
- Condominiums may fund SIRS reserves through assessments, loans, or lines of credit. Unit owner approval is required for certain types of funding.
- Condominiums may pause reserve funding for up to 2 years if milestone inspections were completed within the prior 2 years.
- Deadline for SIRs study extended to December 31, 2025 for condominiums in existence before July 1, 2022.
- Directors/officers must sign affidavits confirming receipt of completed SIRs report.
Cooperative Associations (Chapter 719, Florida Statutes):
- Investment Rules: Boards must make prudent investment decisions and may invest reserve funds in certificates of deposit without owner votes.
- Reserve thresholds (e.g. the replacement cost of an item for which reserves are required) increased to $25,000 and adjusted for inflation.
- Reserves may be pooled without a membership vote, but SIRs reserves may only be pooled with other SIRs reserves.
- Associations must create online accounts and report detailed information by October 1, 2025 (keep an eye on the Division’s website for a working link to complete the required registration – https://condos.myfloridalicense.com/).