THE BOSS (Boards & Owners For SucceSS)
CONDO FAQ's

Non-material errors generally do not invalidate a properly promulgated amendment.

Generally no; they require a vote of the unit owners unless the bylaws specifically grant the board that power.

Yes, the association must be a Florida not-for-profit corporation.

New text must be underlined, and deleted text must be stricken through.

It is not valid until it is recorded in the public records of Palm Beach County..

Capitalized and bolded text at least as large as the surrounding text (minimum 10pt).

If the bylaws are silent, they may be amended by a vote of two-thirds of the voting interests.

At a minimum, they must be recorded as exhibits to the declaration in the public records of Palm Beach County. They should also be maintained by the Association. Each owner should also have a copy.

Dealing with termites in a Florida condominium can be a “he said,
she-said” battle between the unit owner and the Board,
but Florida Statute 718 (The Condominium Act) and your
specific Declaration of Condominium provide the legal
roadmap to resolve it.
Here is the breakdown of the statutes and principles that
apply to your neighbor’s situation.
1. The Golden Rule: Common Elements vs. Unit Boundaries
Under Florida Statute 718.113(1), the Association is
responsible for the maintenance, repair, and replacement of
common elements. The unit owner is responsible for
everything defined as part of the unit.
* The Door Frame: Is it a “common element” or part of the
“unit”?
* In most Florida declarations, the “unit” boundary begins at
the unfinished interior surface of the walls.
* Interior door frames are almost always the unit owner’s
responsibility.
* External door frames (the front door) are often classified
as Limited Common Elements. While they are “common;’ the
Declaration often assigns the cost of their maintenance and
repair specifically to the owner who has exclusive use of that
door.
* The Check: You must look at the “Definition of Unit” and
“Limited Common Elements” sections in the Declaration of
Condominium (not just the Bylaws). If the Declaration says
the owner is responsible for windows and doors, that
includes the frames.
2. Termite Treatment Responsibility
The responsibility for the “bugs” depends on where they are:
* Inside the Walls/Structure: If termites are inside the
structural wall studs or the foundation (common elements),
the Association is generally responsible for treatment under
their duty to maintain the building’s integrity.
* Inside the Unit: If the damage is localized to a door frame
or cabinetry within the unit boundaries, and there is no “live
activity” in the common structural elements, the owner
typically bears the cost of “spot treating” their own property.
* Tenting/Building-Wide Treatment: If the building needs to
be tented (drywood termites), the Association usually covers
the cost as a common expense, as it protects the entire
structure.
3. Addressing the Broker’s “Negligence” Claim
The broker’s claim that the building was “negligent” is a high
legal bar to clear. To prove negligence, the seller would have
to show:
* The Association had a duty to treat (usually via a contract
or the Declaration).
* The Association knew (or should have known) there was
an infestation.
* The Association failed to act within a reasonable
timeframe.
* That failure directly caused the specific damage to the
door frame.
If the Board has a regular pest control contract and no prior
reports of termites in that area were made, a negligence
claim is unlikely to hold water.
4. The “As-Is” Contract Factor
Since the unit is under contract, this is likely a negotiation
tactic. Most “As-Is” contracts in Florida allow the buyer to
walk away if they aren’t satisfied with an inspection. The
seller (the brother with POA) is trying to shift the repair cost
to the Association to keep his net profit high.
Summary Table of Responsibility
I Item I      I Likely Responsible Party I    I Legal Basis I

I Structural Studs/Roof I Association I FS 718.113 (Common
Elements) I
I Interior Door Frame I Unit Owner I Declaration (Unit
Boundaries) I
I Spot Treatment (Inside Unit) I Unit Owner I Declaration
(Maintenance) I
I Building-Wide Tenting I Association I FS 718.111 (Structure
Protection) I
I Negligence Damages I Association (only if proven) I Tort
Law / Fiduciary Duty I
Next Step for the Board
The Board should ask the seller’s broker to provide the
specific page and section of the Declaration of
Condominium that classifies a unit’s interior door frame as a
common element. Usually, when challenged to produce the
“proof” from the documents, these claims fall apart.

Actually, the answer is yes. Rules and regulations are informal or supplemental rules adopted by the association board
1. They must be reasonable, consistent with other documents, and may not exceed authorization of the directors
2. Generally, they are not recorded (recorded at the courthouse like other official governing documents).
3. Membership may approve and record the rules and regulations. If done, they have the same enforceability as declaration and bylaws.

Non-material errors generally do not invalidate a properly promulgated amendment.

Generally no; they require a vote of the unit owners unless the bylaws specifically grant the board that power.

No, they can’t. The state requires that each condominium and cooperative board must adopt specifications for hurricane shutters.
a. Installation is at the option and expense of owner
b. It’s not an alteration that requires a vote by the board

This video provides a deep dive into the recent Florida legislative updates for 2025 and 2026, which is crucial for understanding the new enforcement and transparency standards mentioned above. Florida Condo & HOA Law Changes 2025 Explained | What Every Board Member Should Know – YouTube

Yes, the association must be a Florida not-for-profit corporation.

New text must be underlined, and deleted text must be stricken through.

1. “Bylaws” means the code or codes of rules adopted for the regulation or management of the affairs of the corporation.
1. Bylaws establish the formal procedures for operating the association, including:
a. Meetings of members and board
b. Election and removal of officers and directors
c. Powers and duties of officers and directors
2. Initial bylaws are adopted and may be amended by the board of directors

You are in luck, my friend. Any amendment restricting unit owners’ rights relating to the rental of units applies only to unit owners who consent to the amendment and unit owners who purchase their units after the effective date of that amendment.

Statutory protocol for presenting the proposed amendment
a. Must contain full text rather than refer to a title or number
b. New words are inserted in the text and underlined
c. Words to be deleted are lined through with hyphens
d. Extensive changes may be preceded by: “Substantial rewording of declaration. See provision for present text.”
4. Amendments become effective when the Certificate of Amendment is recorded by theClerk of circuit court
5. Amendments to Articles must also be filed Department of state

Altering the size of any unit, the proportional share of common expense liability, or the proportional voting interest, or creation of timeshare estates requires:
i. 100% of owners AND lien holders
ii. Written joinder: 2 witnesses + notary

Under Florida law, applicants are not universally or automatically subject to a required background check or investigation by the state itself.

Instead, whether an applicant must undergo a background check depends entirely on the individual condominium association’s governing documents (the Declaration of Condominium, Articles of Incorporation, and Bylaws).

Florida Statute Chapter 718 grants associations the framework to screen, but the association must explicitly hold that authority in its own rules to legally enforce it.

Dealing with termites in a Florida condominium can be a “he said,
she-said” battle between the unit owner and the Board,
but Florida Statute 718 (The Condominium Act) and your
specific Declaration of Condominium provide the legal
roadmap to resolve it.
Here is the breakdown of the statutes and principles that
apply to your neighbor’s situation.
1. The Golden Rule: Common Elements vs. Unit Boundaries
Under Florida Statute 718.113(1), the Association is
responsible for the maintenance, repair, and replacement of
common elements. The unit owner is responsible for
everything defined as part of the unit.
* The Door Frame: Is it a “common element” or part of the
“unit”?
* In most Florida declarations, the “unit” boundary begins at
the unfinished interior surface of the walls.
* Interior door frames are almost always the unit owner’s
responsibility.
* External door frames (the front door) are often classified
as Limited Common Elements. While they are “common;’ the
Declaration often assigns the cost of their maintenance and
repair specifically to the owner who has exclusive use of that
door.
* The Check: You must look at the “Definition of Unit” and
“Limited Common Elements” sections in the Declaration of
Condominium (not just the Bylaws). If the Declaration says
the owner is responsible for windows and doors, that
includes the frames.
2. Termite Treatment Responsibility
The responsibility for the “bugs” depends on where they are:
* Inside the Walls/Structure: If termites are inside the
structural wall studs or the foundation (common elements),
the Association is generally responsible for treatment under
their duty to maintain the building’s integrity.
* Inside the Unit: If the damage is localized to a door frame
or cabinetry within the unit boundaries, and there is no “live
activity” in the common structural elements, the owner
typically bears the cost of “spot treating” their own property.
* Tenting/Building-Wide Treatment: If the building needs to
be tented (drywood termites), the Association usually covers
the cost as a common expense, as it protects the entire
structure.
3. Addressing the Broker’s “Negligence” Claim
The broker’s claim that the building was “negligent” is a high
legal bar to clear. To prove negligence, the seller would have
to show:
* The Association had a duty to treat (usually via a contract
or the Declaration).
* The Association knew (or should have known) there was
an infestation.
* The Association failed to act within a reasonable
timeframe.
* That failure directly caused the specific damage to the
door frame.
If the Board has a regular pest control contract and no prior
reports of termites in that area were made, a negligence
claim is unlikely to hold water.
4. The “As-Is” Contract Factor
Since the unit is under contract, this is likely a negotiation
tactic. Most “As-Is” contracts in Florida allow the buyer to
walk away if they aren’t satisfied with an inspection. The
seller (the brother with POA) is trying to shift the repair cost
to the Association to keep his net profit high.
Summary Table of Responsibility
I Item I      I Likely Responsible Party I    I Legal Basis I

I Structural Studs/Roof I Association I FS 718.113 (Common
Elements) I
I Interior Door Frame I Unit Owner I Declaration (Unit
Boundaries) I
I Spot Treatment (Inside Unit) I Unit Owner I Declaration
(Maintenance) I
I Building-Wide Tenting I Association I FS 718.111 (Structure
Protection) I
I Negligence Damages I Association (only if proven) I Tort
Law / Fiduciary Duty I
Next Step for the Board
The Board should ask the seller’s broker to provide the
specific page and section of the Declaration of
Condominium that classifies a unit’s interior door frame as a
common element. Usually, when challenged to produce the
“proof” from the documents, these claims fall apart.

For example, adding an addition to the clubhouse or to a pool would require a 75% vote of the owners.

All amendments except the following:
– Amendments reflecting a material alteration to, or a substantial addition to, the common elements that would require 75% of the owners to approve.
– Alterations to the size of any unit, the proportional share of common expense liability, or the proportional voting interest of the members that would require 100% of the owners and lienholders to approve.

The Articles, when filed with the Florida Department of State, create the community association and define its powers and responsibilities. It establishes the basic structure of the association, including:
– The name and other identifying information
– The purposes for which the corporation is organized, including maintenance, management, and operation of the association
– The association’s powers to administer on behalf of the owners, including individual membership and voting rights
– The powers and limits of authority of officers and directors
– Its status as a for-profit or not-for-profit corporation

Most associations are “Corporation, not for profit” and must comply with Chapter 617, FS, Florida Not-for-Profit Corporation Act.

Bylaws for condominiums and cooperatives must include the following provisions:
a. Describe the title, powers, duties of the officers and board and provisions for selection, removal and compensation.
b. If not specified, the law says:
i. 3 board members if 5 or fewer units
ii. 5 board members if 6 units or more
ii. Members not compensated
iv. 3 offices: president, secretary and treasurer
c. Quorum and voting requirements and use of proxies
d. Board meeting and notice requirements
e. Unit owner meeting and notice requirements
f. Election to the board
g. Unit owners rights to participate in meetings
h. Provisions for filling vacancies
i. Requirements for budget meetings
j. Preparation of the annual budget
k. Manner of collecting assessments for common expenses
I. Procedure for amending bylaws
m. Authorization to charge transfer fees for the sale or lease of a unit
n. Procedure to recall a board member
o. Provision for mandatory nonbinding arbitration

Florida Statute 718.111 is a foundational part of the Florida Condominium Act. It primarily outlines the corporate powers, duties, and record-keeping requirements of a condominium association.

718.112 (which we covered) focuses on how the association operates.

718.111 focuses on the Association as a corporation—its powers, its records, and the heavy-duty topic of insurance.

This one goes way back. The Civil Rights Act of 1866.

It is not valid until it is recorded in the public records of Palm Beach County..

In Florida, the short answer is yes—but whether it is required before or after filing a lawsuit depends on the type of dispute and the type of association. Florida law heavily favors Alternative Dispute Resolution (ADR) because it is faster and cheaper than traditional litigation. ⚖️

The two most common forms of ADR used in these communities are:

1. Mediation: A neutral third party helps both sides reach a voluntary agreement. 🤝

2. Arbitration: A neutral third party (often a state-appointed official) listens to both sides and makes a binding or non-binding decision. 👨‍⚖️

Requirements for Condominiums (Chapter 718) 🏢

For condos, the law is very specific. You must go through Mandatory Non-Binding Arbitration with the Division of Condominiums before you are allowed to step foot in a courtroom for “internal” disputes, such as:

• Recall of a board member. 🗳️

• Disputes over official records requests. 📁

• Disputes over elections or meeting notices. 🗓️

Capitalized and bolded text at least as large as the surrounding text (minimum 10pt).

HOPA is a federal law and stands for Housing for Older Persons Act. In condominiums, the HOPA is intended for older persons and exempts those communities from the familial status provisions. Familial status means individuals under the age of 18 who live with a parent or other person that has legal custody of them. HOPA exempts these communities from this federal requirement.

If the bylaws are silent, they may be amended by a vote of two-thirds of the voting interests.

The Americans with Disabilities Act (ADA) of 1990 is a federal law that:
1. Added more protection for individuals with disabilities
2. Same definition of “disabled” as Fair Housing Act
3. Associations must comply with “reasonable accommodation” provisions if they employ (/5+) employees
4. If leasing (common areas) to a business, such as a restaurant or convenience store, the (association) must comply with accessibility provisions Commas such as Accessible space = ramps, elevators, restrooms, etc.

The Fair Housing Act, along with the Civil Rights Act of 1968 and 1988, provides the following protections.
The following classifications are protected:
– Race
– Religion
– Color
– Sex
– National Origin
– Familial Status (added in 1988): an individual under the age of 18 who is domiciled with a parent or other person having legal custody.
– Handicap/Disability (added in 1988): a person has a physical or mental impairment that substantially limits one or more major life activities, or has a record of such an impairment, or is regarded as having such an impairment.

While 718.111 focuses on the “Association” as a corporate entity (its powers and records), Florida Statute 718.112 is often called the “heart” of the Condominium Act because it dictates how the association must actually operate. It covers the bylaws, board meetings, member meetings, and the specific procedures for budgets and elections. Florida Statute 718.112 acts as the “operating manual” for every condominium in the state.

It is the highest priority document in a condominium association. Florida Statute 718: Declaration of Condominium establishes the rights and responsibilities and regulations for owners, including:
a. Easements for ingress and egress to units and common areas.
b. Maintenance and upkeep of common areas as responsibility of the
board.
c. Authority of the association.
d. Identification of each unit or parcel by letter or number.
e. Percentage of each unit’s common element interest and expense
responsibility.
f. Appurtenances (rights and improvements) that attach to and run with
the property.
3. Includes articles of incorporation and bylaws as exhibits to the Declaration.

At a minimum, they must be recorded as exhibits to the declaration in the public records of Palm Beach County. They should also be maintained by the Association. Each owner should also have a copy.

1. Declaration
2. Articles of incorporation
3. Bylaws
4. Board rules and regulations

Under Florida law, applicants are not universally or automatically subject to a required background check or investigation by the state itself.

Instead, whether an applicant must undergo a background check depends entirely on the individual condominium association’s governing documents (the Declaration of Condominium, Articles of Incorporation, and Bylaws).

Florida Statute Chapter 718 grants associations the framework to screen, but the association must explicitly hold that authority in its own rules to legally enforce it.

In Florida, the short answer is yes—but whether it is required before or after filing a lawsuit depends on the type of dispute and the type of association. Florida law heavily favors Alternative Dispute Resolution (ADR) because it is faster and cheaper than traditional litigation. ⚖️

The two most common forms of ADR used in these communities are:

1. Mediation: A neutral third party helps both sides reach a voluntary agreement. 🤝

2. Arbitration: A neutral third party (often a state-appointed official) listens to both sides and makes a binding or non-binding decision. 👨‍⚖️

Requirements for Condominiums (Chapter 718) 🏢

For condos, the law is very specific. You must go through Mandatory Non-Binding Arbitration with the Division of Condominiums before you are allowed to step foot in a courtroom for “internal” disputes, such as:

• Recall of a board member. 🗳️

• Disputes over official records requests. 📁

• Disputes over elections or meeting notices. 🗓️