Florida Condo Law: Massively Updated After Surfside
The 2021 Surfside condominium collapse—which killed 98 people—triggered sweeping reforms to Florida's Condominium Act (Florida Statute Chapter 718). The 2022 and 2023 legislative sessions imposed new structural inspection requirements, reserve funding mandates, and transparency obligations on Florida condo associations. These changes created new rights and new disputes for condo owners statewide.
New Structural Inspection Requirements
Florida now requires Milestone Inspections for condominium buildings three stories or taller: an initial inspection by a licensed engineer or architect when the building reaches 30 years of age (25 years for buildings within 3 miles of the coast), and every 10 years thereafter. Phase 1 involves a visual inspection; Phase 2 involves a more detailed structural inspection if Phase 1 finds concerns. Associations that fail to complete required inspections face regulatory consequences and increased liability exposure.
Reserve Funding: The Mandatory Structural Reserve
Florida law now prohibits condo associations from waiving or underfunding reserves for specific structural components (roofs, load-bearing walls, floors, foundations, fireproofing, plumbing, electrical systems). Associations must conduct a Structural Integrity Reserve Study (SIRS) and fully fund reserves based on that study. This has generated significant special assessments at older Florida buildings—and disputes between owners and associations about the lawfulness and methodology of those assessments.
Owner Rights in Special Assessment Disputes
Florida condo owners have the right to review financial records, challenge board decisions through the Florida Department of Business and Professional Regulation (DBPR), and seek arbitration through the Division of Florida Condominiums for certain disputes. Before suing a condo association, Florida law generally requires demand for presuit mediation. The DBPR arbitration program is a faster and less expensive alternative to court litigation for many internal governance disputes.
Common Florida Condo Disputes in 2026
Current high-volume disputes include: challenges to the methodology or amount of SIRS-mandated special assessments; disputes about maintenance and repair responsibility (unit vs. association); selective enforcement of rules; board election irregularities; failure to provide required financial disclosures; and discrimination by associations. Florida's condo attorney specialists can evaluate whether a dispute has merit before you invest in litigation.
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Frequently asked questions
Can a Florida condo association require owners to pay a large special assessment immediately?
Florida law permits special assessments, but the board must follow proper notice and meeting procedures. Some associations offer payment plans. Owners who cannot pay may face liens and foreclosure, but Florida law requires specific procedures before lien filing. If you believe the assessment was improperly authorized, a DBPR complaint or arbitration can pause collection while the dispute is resolved.
Who is responsible for plumbing repairs in a Florida condo—the owner or the association?
This depends on the condo declaration and Florida statute. Generally, the association is responsible for common elements (exterior walls, roof, common plumbing), while unit owners are responsible for interior plumbing within their unit. The precise boundary varies by declaration language. Disputes about which side of the wall a pipe is on are common and often require engineering analysis.
Can a Florida condo board ban short-term rentals like Airbnb?
Yes, if the condo declaration or rules properly prohibit or restrict short-term rentals, the association can enforce that restriction. Florida's 2021 preemption law limits municipal short-term rental regulations, but condo associations are private entities governed by their own declaration—not the preemption law. If you purchased a unit intending to rent it short-term, review the declaration carefully before closing.