Florida condominium bylaws are the internal operating rules of a condo association, covering how the board is elected, how meetings are noticed and run, how budgets are adopted, how fines are imposed, and how the bylaws themselves can be changed. They sit inside a layered system: Chapter 718 of the Florida Statutes controls first, the recorded declaration of condominium controls next, the bylaws come third, and board-adopted rules sit at the bottom. Any bylaw that conflicts with the statute or the declaration is unenforceable, and recent reforms passed after the 2021 Surfside collapse have added structural inspection and reserve funding duties that no bylaw provision can waive.
Where the Bylaws Sit in the Governing Documents
Knowing which document wins when two of them disagree is the single most useful thing an owner can learn. The Florida Statutes come first. Chapter 718 governs condominiums, and any bylaw provision that contradicts it is void. Below the statute is the declaration of condominium, which is recorded in the county’s public records and is the document that legally creates the condominium. The bylaws rank below the declaration and are attached to it as an exhibit when the declaration is recorded, so they become part of the public record from day one.1Online Sunshine. Florida Code 718.104 – Creation of Condominiums; Contents of Declaration
At the bottom of the stack are rules and regulations the board adopts on its own. The board’s authority to make those rules comes from the bylaws, and the rules cannot contradict anything higher up the chain. Whenever an owner challenges a restriction, the first question is always where it lives and whether something above it says otherwise. Later amendments to the bylaws should also be recorded so they bind future purchasers.
What Condominium Bylaws Must Contain
Florida does not leave bylaw content to the developer’s imagination. Section 718.112 lists the subjects the bylaws “shall provide for,” and if the bylaws are silent on any of them, the statute fills in the gap.2Florida Senate. Florida Code 718.112 – Bylaws The mandatory topics include:
- The form of administration, the titles of officers and directors, their powers and duties, how they are chosen and removed, and any compensation.
- The percentage of voting interests needed for a quorum at a membership meeting, which defaults to a majority if the bylaws do not set a lower number.
- Notice requirements for board meetings: an agenda posted conspicuously on the property at least 48 continuous hours in advance, extended to 14 days’ written notice to owners when a special assessment or a rule governing unit use is on the agenda.
- Notice of unit owner meetings, including an agenda, sent and posted at least 14 days in advance of the annual meeting.
- The budget process, including distribution of the proposed annual budget with a detailed breakdown of estimated revenues and expenses at least 14 days before the budget meeting.
- The method for amending the bylaws. If the bylaws are silent, the default is approval by at least two-thirds of the total voting interests.
Owners also cannot vote by general proxy. They may use a limited proxy that specifies how the vote is cast on a particular question, and that limited proxy must conform to a form adopted by the state division.
Board Elections and Director Duties
The election timeline for a condo board is set by statute and the bylaws cannot override it. At least 60 days before a scheduled election, the association must send a first notice of the election date to every unit owner entitled to vote. Any owner who wants to run must submit written notice of candidacy at least 40 days before the election. A second notice, together with a ballot listing all qualified candidates, goes out at least 14 days before election day.3Florida Senate. Florida Code 718.112 – Bylaws Directors are elected by written ballot or voting machine, and general proxies cannot be used for board elections. If the number of candidates is equal to or fewer than the number of open seats, no election is required.
Eligibility has teeth. A person who has been suspended or removed by the state division, who is delinquent on any assessment, or who has a felony conviction is barred from serving on the board.3Florida Senate. Florida Code 718.112 – Bylaws
Within 90 days of taking office, each newly elected or appointed director must complete a four-hour state-approved educational course. As an alternative, a new director may sign a written certification confirming that they have read the governing documents and will uphold their fiduciary duties. It is a statutory obligation, not a formality.
Directors and officers owe a fiduciary duty to the owners they serve, meaning they must act in good faith, with reasonable care, and in the association’s best interests rather than their own. Courts generally protect board decisions under the business judgment rule, which presumes directors acted properly as long as they decided in good faith, with the care a reasonably prudent person would use, and with a reasonable belief that the decision benefits the association.4Legal Information Institute. Business Judgment Rule That presumption breaks down if an owner can show gross negligence, bad faith, or a conflict of interest.
Meetings, Notice, Quorum, and Voting
A majority of the total voting interests is a quorum at a membership meeting unless the bylaws set a lower number.2Florida Senate. Florida Code 718.112 – Bylaws Many associations do set it lower, because reaching 50 percent attendance in a large community is unrealistic.
Limited proxies are the only form of owner proxy allowed. Each is valid only for the specific meeting it was issued for and expires after 90 days.2Florida Senate. Florida Code 718.112 – Bylaws
Board meetings require at least 48 hours of posted notice that identifies every agenda item. If the board plans to vote on a special assessment, or on a rule change affecting how owners use their units, the notice period extends to 14 days and the notice must be sent in writing to every owner.2Florida Senate. Florida Code 718.112 – Bylaws These notice rules exist because boards sometimes try to push unpopular measures through on short notice, and the statute heads that off.
Amending the Bylaws
Changing the bylaws takes a formal vote of the membership, not just a board resolution. The bylaws themselves should state the required vote threshold. If they do not, the statutory default is approval by at least two-thirds of the total voting interests.5Online Sunshine. Florida Code 718.112 – Bylaws
Before the vote, the association must give the membership advance written notice of the full text of the proposed amendment. The amendment must also be checked against the declaration and against Chapter 718. A bylaw amendment that conflicts with either is unenforceable from the moment it passes. Once approved and executed, the amendment should be recorded in the county public records so later purchasers are on notice.
Fines and Suspension of Rights
A condo board can fine an owner or occupant for violating the declaration, the bylaws, or reasonable board-adopted rules, but the limits are strict. A fine cannot exceed $100 per violation, and for a continuing violation the total cannot exceed $1,000 in the aggregate.6Florida Senate. Florida Code 718.303 – Obligations of Owners and Occupants; Remedies
Before any fine takes effect, the board must give at least 14 days’ written notice to the owner and hold a hearing before a fining committee. The committee must consist of at least three association members who are not officers, directors, or employees of the association, and who are not the spouse, parent, child, brother, or sister of any officer, director, or employee.6Florida Senate. Florida Code 718.303 – Obligations of Owners and Occupants; Remedies The committee’s only job is to confirm or reject the proposed fine. If it votes against, the fine cannot be imposed. This is where overreaching boards most often get checked, and skipping the step exposes the association to liability.
Suspension of common-area use and voting rights is also available for violations and for nonpayment of assessments in the HOA context, but the condo statute does not allow an association to cut off vehicular or pedestrian access to a unit or to interrupt utility service, regardless of what the bylaws say.
Owner Rights to Inspect Official Records
Condo owners have a strong right to see what the association is doing. Official records are open to inspection by any member at all reasonable times. The association must make records available within 10 working days of a written request. If it misses that deadline, the law presumes the failure was willful. An owner who is denied access is entitled to minimum damages of $50 per calendar day, starting on the 11th working day after the request, for up to 10 days.7Florida Senate. Florida Code 718.111 – The Association
The association can adopt reasonable rules about the time, place, and manner of inspection, but it cannot ask the owner why they want to see the records. A director or board member who knowingly and repeatedly denies access commits a second-degree misdemeanor, must be removed from office, and has their seat declared vacant. “Repeatedly” means two or more violations within 12 months.7Florida Senate. Florida Code 718.111 – The Association
Assessment Liens and Foreclosure
Unpaid assessments can cost an owner the unit. The association’s lien for unpaid assessments relates back to the recording of the original declaration, which gives it significant priority. The association can foreclose the lien in the same way a mortgage is foreclosed. Before filing the foreclosure action, the association must give the unit owner at least 45 days’ written notice of its intent to foreclose. If the association skips that notice and the owner pays before a final judgment, the association cannot recover attorney fees or costs.8Online Sunshine. Florida Code 718.116 – Assessments; Liability; Lien and Priority
When a first mortgagee takes a unit through foreclosure or deed in lieu of foreclosure, its liability for the prior owner’s unpaid assessments is capped at the lesser of 12 months of unpaid assessments or one percent of the original mortgage debt.8Online Sunshine. Florida Code 718.116 – Assessments; Liability; Lien and Priority That “safe harbor” is why associations often cannot recoup the full unpaid balance when a bank takes the unit.
Milestone Inspections and Reserves After Surfside
The 2021 Champlain Towers South collapse led Florida to rewrite the structural safety rules for condominiums, and the new requirements reach deep into how associations budget. The core provisions live in Section 553.899 and in the reserve-study language added to Section 718.112.
The Milestone Inspection
Any residential condominium or cooperative building that is three habitable stories or taller must undergo a milestone structural inspection by December 31 of the year the building turns 30, measured from its certificate of occupancy. Inspections repeat every 10 years after that. For buildings near salt water, local enforcement agencies may shorten the first trigger to 25 years.9Florida Senate. Florida Code 553.899 – Milestone Inspections
Buildings that had already passed 30 years of age by July 1, 2022, had to complete their initial inspection by December 31, 2024. Buildings that reached 30 between July 1, 2022, and December 31, 2024, had until December 31, 2025. The inspection runs in two phases: phase one must be completed within 180 days after the owner receives written notice from the local enforcement agency, and if substantial structural deterioration is found, phase two provides a more detailed assessment. Repairs for substantial deterioration must commence within 365 days of the phase two report.9Florida Senate. Florida Code 553.899 – Milestone Inspections Buildings with four or fewer units and three or fewer habitable stories are exempt.
The Structural Integrity Reserve Study
Condominium associations with buildings three stories or taller must also complete a structural integrity reserve study, often called a SIRS. It evaluates the remaining useful life and replacement cost of the building’s major components: the roof, structural systems, fire protection, plumbing, electrical systems, waterproofing and exterior painting, windows, and any other component whose deferred maintenance cost exceeds $10,000 and affects safety.2Florida Senate. Florida Code 718.112 – Bylaws The SIRS must be updated at least every 10 years.
The change that matters most to owners: associations may no longer waive or reduce reserves for the structural components identified in the SIRS. Before the reforms, Florida condo associations could vote to waive or partially fund reserves, and many did, keeping monthly assessments artificially low. That option is gone for structural reserves. A majority of the total voting interests may temporarily pause SIRS reserve funding for up to two years if the association has received its milestone inspection within the preceding two years, but that pause option applies only to budgets adopted on or before December 31, 2028.
Federal Limits That Override the Bylaws
Even a validly adopted bylaw loses when it conflicts with federal law, and three federal rules come up again and again.
The Fair Housing Act bars housing discrimination on the basis of race, color, religion, sex, national origin, familial status, and disability. Bylaws cannot restrict amenity access on any of those grounds, ban children from common areas, or be selectively enforced against protected groups. The disability piece carries specific duties: the association must grant reasonable accommodations, such as waiving a pet restriction for an assistance animal, and must allow reasonable accessibility modifications. Pet deposits and pet fees cannot be charged for service animals or emotional support animals, and the association cannot demand government forms, “ESA registration” certificates, or disclosure of a diagnosis. When the disability or the animal-related need is not obvious, the association may ask for a letter from a licensed healthcare provider, and nothing more.
The FCC’s Over-the-Air Reception Devices rule, adopted under the Telecommunications Act of 1996, blocks associations from banning satellite dishes and certain antennas on property an owner controls, including a balcony, patio, or yard. A bylaw that unreasonably delays installation, raises its cost, or prevents adequate signal reception is unenforceable. Legitimate safety restrictions are allowed; aesthetic-only bans are not.
The Servicemembers Civil Relief Act protects active-duty military members from foreclosure without a court order, and that protection reaches assessment lien foreclosures. For obligations entered into after December 31, 2012, the protection extends for 90 days after active duty ends. An association that pursues a non-judicial foreclosure against a protected servicemember risks damages and the servicemember’s attorney fees.
Dispute Resolution Before Court
An owner cannot run straight to court over a condo dispute. Before filing suit, the owner or the association must either petition the Division of Florida Condominiums, Timeshares, and Mobile Homes for nonbinding arbitration or initiate presuit mediation. The arbitration petition carries a $50 filing fee. If all parties agree in writing during arbitration, the result can become binding.10Florida Senate. Florida Code 718.1255 – Alternative Dispute Resolution; Voluntary Mediation; Mandatory Nonbinding Arbitration Election and recall disputes follow a separate track and must go through arbitration rather than mediation.