Frequently Asked Questions About Florida Condominium & HOA Law
Board members and community association managers ask us many of the same questions. The short answers below reflect Florida law as of 2026. Every association's governing documents and facts are different, so use these answers as a starting point, not as legal advice for a specific situation.
Can a Florida condominium or HOA board change attorneys without a membership vote?
Usually, yes. The board manages the association's affairs, and hiring or replacing legal counsel is generally a board decision unless the governing documents reserve it to the members. The decision should be made by vote at a properly noticed board meeting, not by email or informal agreement. Attorney contracts are also exempt from the statutory competitive-bid requirements.
When an association changes counsel, the board should coordinate the transfer of files, including pending collections and litigation, so nothing falls through the cracks.
Statutes: § 718.111, § 718.3026, § 720.303, § 720.3055. Read more: Board Meetings: Notice, Voting, Budgets, and Vendor Contracts.
What should a condominium or HOA board look for when selecting legal counsel?
Look for attorneys who regularly represent associations under Chapters 718 and 720, not just general real estate or litigation practitioners. Ask who will actually handle your matters and how quickly they respond, whether the firm can take a dispute through litigation, and how it handles construction, collections, and insurance issues. Clear engagement terms and fee arrangements matter as much as credentials.
Our association practice includes an attorney Board Certified by The Florida Bar in Condominium and Planned Development Law, Real Estate Law, and Construction Law, with an in-house litigation team.
Read more: Condominium & HOA Law.
What is Florida Bar Board Certification, and why does it matter?
Board Certification is The Florida Bar's highest level of recognition of a lawyer's competence in a specific area of law. To be certified in Condominium and Planned Development Law, a lawyer must practice at least five years, devote at least 40 percent of practice to the field for the prior three years, pass peer review and a written exam, and complete 50 hours of continuing education. Certification must be renewed every five years.
For a board, certification is an objective signal that the attorney concentrates in association law and has been tested on it. Christopher L. Pope is Board Certified in Condominium and Planned Development Law, Real Estate Law, and Construction Law.
Source: The Florida Bar – certification requirements. Read more: Christopher L. Pope.
What procedures must condominium and HOA boards follow before imposing fines?
Both require notice and a hearing before an independent committee. The board must give at least 14 days' written notice and an opportunity for a hearing before a committee of at least three members who are not officers, directors, or employees of the association, or their close relatives. The committee can only confirm or reject the proposed fine by majority vote; without its approval, the fine cannot be imposed. Fines are generally limited to $100 per violation and $1,000 in total for a continuing violation (for HOAs, unless the governing documents provide otherwise).
The main differences: a condominium fine can never become a lien, while an HOA fine of $1,000 or more can. HOA procedures also add timing rules, including a hearing within 90 days of the notice, written findings within 7 days, no fine if the violation is cured before the hearing, and a payment date at least 30 days after the findings.
Statutes: § 718.303(3), § 720.305(2). Read more: Rule Enforcement & Dispute Resolution.
Can a Florida condominium association increase assessments by more than 15%?
Yes. Florida law does not cap assessment increases for an owner-controlled condominium. If a proposed budget requires assessments exceeding 115 percent of the prior year's, the board must simultaneously propose a substitute budget without discretionary expenditures. Owners consider it at the budget meeting, and it is adopted only by a majority of all voting interests (or more if the bylaws require); otherwise the board's budget may be adopted.
Required reserves, certain non-recurring repair and replacement costs for structural items, and insurance premiums are excluded from the 115 percent calculation. While a developer controls the board, assessments may not exceed 115 percent without approval of a majority of all voting interests.
Statute: § 718.112(2)(e). Read more: Florida's 115% Condominium Budget Rule Is Not an Assessment Cap and 2027 Florida Condominium Budgets.
What are a condominium association's obligations regarding milestone inspections and structural integrity reserve studies?
Both apply to condominium buildings three or more habitable stories tall, not to HOAs under Chapter 720. A milestone inspection is a structural inspection by a licensed engineer or architect, generally required when a building reaches 30 years old and every 10 years after; owners must receive a summary of the results. A structural integrity reserve study (SIRS) must be completed at least every 10 years, and its funding plan determines the reserves the association must budget for key structural and life-safety components.
Statutes: § 553.899, § 718.112(2)(g). Read more: 2025 Legislative Update: HB 913 and Milestone Inspections & SIRS.
Can Florida condominium and HOA boards hold meetings electronically?
Condominiums: yes, by video conference, with conditions. The notice must say the meeting is by video conference and include a hyperlink, a call-in number, and the address of a physical location where owners can attend in person. The meeting must be recorded, and the recording kept as an official record. If the annual owners' meeting is held by video conference, a quorum of the board must be physically present at that location.
HOAs: Chapter 720 has no comparable video-conference rules. Unless the articles of incorporation or bylaws provide otherwise, directors may participate by any means that lets all participating directors hear each other at the same time, and they count as present. Because HOA board meetings must remain open to members, the safer practice is to give members a way to attend, such as a physical location or a call-in or video link.
Statutes: § 718.112(2)(b)–(d), § 720.303(2), § 617.0820(4). Read more: Additional Requirements If the Annual Meeting Is Held by Video Conference and Board Meetings: Notice, Voting, Budgets, and Vendor Contracts.
What official records must a condominium or HOA make available to owners?
Most of them. Official records include the governing documents and rules, meeting minutes, contracts, insurance policies, financial and accounting records, and voting records; condominium records also include items such as structural integrity reserve studies and inspection reports. Both condominiums and HOAs must make records available within 10 business (working) days of an owner's written request. If the association willfully fails to comply, an owner denied access may recover actual damages or minimum damages of $50 per day for up to 10 days, and a late response can create a rebuttable presumption of willfulness. Certain records are protected from inspection, such as attorney-client privileged material and certain personal information about owners and employees.
Many associations must also post records online. Condominiums with 25 or more units must post specified records on a website or app, generally within 30 days. HOAs with 100 or more parcels have had a website requirement since January 1, 2025.
Statutes: § 718.111(12), § 720.303(4)–(5). Read more: Florida Condominium Official Records and Florida HOA Official Records.
When should an association involve legal counsel in construction projects or contractor disputes?
Before the contract is signed, not after a problem appears. Counsel can review the scope, payment terms, warranties, insurance, change-order process, and lien protections in the contract, and confirm that bidding and owner-approval requirements are met. Large repair projects driven by a milestone inspection or SIRS are a common trigger.
Involve counsel promptly if a contractor stops work, records a claim of lien, or the association discovers defects. Statutory presuit procedures, such as the Chapter 558 notice process for construction defect claims, may apply before a lawsuit can be filed.
Statutes: Chapter 558, Chapter 713, Part I (construction liens). Read more: Construction Law and How to Remove a Construction Lien in Florida.
What areas of Southwest Florida does Pope Mazzara & Menendez serve?
From our office in Fort Myers, we represent condominium and homeowners' associations, contractors, and property owners throughout Southwest Florida, including Lee, Collier, Charlotte, and Sarasota Counties. Our attorneys work directly with boards and community association managers, in person or remotely.
Have a question about your association? Contact us through our contact form or call (239) 748-0505. Submitting a question does not create an attorney-client relationship.