When community association boards and property managers across Florida tackle the intricate web of state statutes governing condominiums and homeowners’ associations, the questions rarely change, but the stakes certainly do. Pope Mazzara & Menendez reported that whether boards are weighing a shift in legal counsel or trying to decode strict reserve requirements, the statutory baseline relies heavily on Chapters 718 and 720 of the Florida Statutes.
Changing Legal Counsel Without a Membership Vote
Most community association boards have the authority to change attorneys without ever bringing the matter to a membership vote. Managing the association’s day-to-day affairs falls squarely on the shoulders of the elected board, and hiring or replacing legal counsel is generally treated as a standard administrative decision under § 718.111, § 718.3026, § 720.303, and § 720.3055.
That decision cannot happen behind closed doors or via casual email threads. It requires a formal vote at a properly noticed board meeting. Interestingly, attorney contracts are entirely exempt from statutory competitive-bid requirements. When a board makes the switch, a smooth transfer of files—covering everything from pending collections to active litigation—prevents crucial matters from falling through the cracks.
Vetting Board Certification for Specialized Counsel
General real estate practitioners or standard litigation attorneys often lack the nuanced understanding required for complex community association disputes. Boards searching for qualified representation need counsel that routinely handles Chapters 718 and 720, specifically vetting how a firm manages construction defects, assessment collections, and insurance litigation.
To distinguish expertise, The Florida Bar offers Board Certification in Condominium and Planned Development Law. Achieving this designation requires a minimum of five years in practice, dedicating at least 40 percent of practice to the field for the prior three years, passing a written exam, undergoing peer review, and completing 50 hours of continuing education. Certification must be renewed every five years.
Following Notice and Hearing Protocols for Fines
Imposing a fine on a property owner is never as simple as a board issuing a memo. Both condominium and HOA boards must follow strict notice-and-hearing protocols involving an independent committee.
The board must deliver at least 14 days of written notice and provide an opportunity for a hearing before a committee consisting of at least three members. These committee members cannot be officers, directors, employees, or close relatives of the association's leadership.
| Enforcement Detail | Condominiums (§ 718.303) | HOAs (§ 720.305) |
|---|---|---|
| Standard Notice Period | At least 14 days’ written notice | At least 14 days’ written notice |
| Hearing Requirement | Before an independent committee | Before an independent committee (within 90 days of notice) |
| Fine Limit | Generally $100 per violation | Generally $100 per violation, $1,000 total for continuing violation |
| Lien Authority | Can never become a lien | Can become a lien if $1,000 or more |
While condominium fines can never become a lien on a property, HOA fines totaling $1,000 or more carry the weight of potential lien enforcement. HOAs must also adhere to specific scheduling guidelines, which involve conducting a hearing within 90 days of the notice, issuing written conclusions within 7 days, waiving the fine if the infraction is resolved before the hearing, and setting a payment deadline no earlier than 30 days after the findings are issued.
Exceeding the 115 Percent Budget Threshold
An owner-controlled condominium association can increase assessments by more than 15 percent. Under § 718.112(2)(e), if a proposed budget requires assessments exceeding 115 percent of the prior year’s figures, the board must simultaneously propose a substitute budget without discretionary expenditures. Owners evaluate this alternative during the budget session, and it becomes official solely through approval by a majority of all voting interests (or a higher threshold if mandated by the bylaws); otherwise, the board’s original spending plan may take effect.
Mandatory reserve funds, specific non-recurring costs for structural repairs and replacements, and insurance expenses are left out of the 115 percent calculation. As long as a developer retains board control, assessments cannot go past 115 percent unless a majority of all voting interests gives prior authorization.
Complying with Milestone Inspection and Reserve Study Mandates
Buildings standing three or more habitable stories tall face stringent safety oversight that does not apply to HOAs under Chapter 720. Under § 553.899, a milestone inspection—which is a structural evaluation performed by a licensed architect or engineer—is typically mandated when a structure hits 30 years of age and subsequently every decade thereafter.
Associations are required to carry out a structural integrity reserve study (SIRS) at least once every 10 years, using its funding strategy to establish the financial reserves budgeted for vital structural and life-safety elements. Associations must make official records—including the governing documents and rules, meeting minutes, contracts, insurance policies, financial and accounting records, and voting records—available to owners within 10 business days of a written request.
Should the association intentionally fail to meet this obligation, an owner who has been denied access is entitled to seek actual damages or statutory minimum damages set at $50 per day for a maximum of 10 days. Condominium communities comprising 25 or more units are required to make designated documents accessible via a website or application, generally within a 30-day window. HOAs with 100 or more parcels have had a website requirement since January 1, 2025.
Involving Counsel Early in Construction and Dispute Scenarios
Before any agreement is executed, legal counsel ought to examine the contract’s scope, payment provisions, guarantees, insurance coverage, change-order workflow, and lien safeguards, while also verifying that all bidding and owner-consent prerequisites have been satisfied.
Association leadership should engage legal representation immediately if a service provider walks off the job, files a mechanics’ lien, or if building flaws come to light. Statutory pre-litigation steps, including the Chapter 558 notification mechanism for building defect disputes, may need to be satisfied prior to initiating a court action.
Operating out of their Fort Myers office, Pope Mazzara & Menendez provide legal representation to condominium associations, homeowners’ associations, builders, and property owners across Southwest Florida, covering Lee, Collier, Charlotte, and Sarasota Counties. Association boards handling these statutory deadlines can reach out directly via phone at (239) 748-0505.
