Quick Answer
Florida Administrative Code Rule 61B-23.002, "Operation of the Condominium Association," is the Division of Florida Condominiums, Timeshares and Mobile Homes rule on how a condominium association deals with the Division. A new version took effect June 18, 2026. According to the Division's February 2026 notice, the amendments "implement section 718.501 (3), Florida Statutes" and outline creation of an online account "within 45 days of the effective date of the rule or initial association recording, whichever is later," with detail on what information the association must give.
We could not read the rule's text itself; the register posts it as a Word file that would not load. This page therefore relies on the rule's history record, the Division's published notices, the statute and the Division's online account page. Boards should read the rule on flrules.org before acting.
At a Glance
| Item | Detail |
|---|---|
| Rule | Fla. Admin. Code R. 61B-23.002, "Operation of the Condominium Association" (chapter 61B-23, The Association) |
| Agency | Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares and Mobile Homes |
| Latest adopted version | Effective June 18, 2026 |
| Applies to | Condominium associations |
| Rulemaking authority | 718.501(1)(g), 718.501(3) |
| Law implemented | 718.1085, 718.111(12), 718.112(2)(b)2., 718.501(2)(a), 718.501(3), 718.504 |
| Form referenced | DBPR Form CO 6000-7 (Sample Limited Proxy Form) |
| Remedy or penalty | None stated on the rule page |
What the Rule Record Shows
The history note reads "New 7-22-80 ... Amended ... 2-22-15, 9-1-15, 6-18-26." The register's notice table shows this sequence for the latest amendment:
- August 18, 2025 (Vol. 51/160), development notice: the proposed rule "will update the rule generally and implement sections 718.112(2)(b)5, 718.112 (d) 2, 718.112 (e) 1, and 718.501 (3)." (The notice has typographical errors in the section numbers as published.)
- February 9, 2026 (Vol. 52/26), notice of proposed rule: comments from February 9 to March 2, 2026. Purpose: update the rule generally and implement section 718.501(3). The notice's summary says the rule "sets forth the requirements for maintaining an online account with the Florida Division of Condominiums, Timeshares, and Mobile Homes, the information that the condominium association shall provide to the Division, annual fees, and retrofitting reporting requirements for condominium associations."
- April 15, 2026 (Vol. 52/73): a notice of change.
- June 18, 2026: final rule effective.
The proposed-rule notice says the amendments "specify the information association needs to provide (contact information, details about association buildings, assessments, SIRS) in detail." The rule title in the notice read "Operation of the Association" and in the final version "Operation of the Condominium Association."
Also noticed on this rule were two petitions for declaratory statement: one from the Decoplage Condominium Association, Inc. (June 11, 2025) asking whether an administratively dissolved company can serve on the board, and one from Newth Gardens Association, Inc. (December 8, 2025) asking whether a limited proxy is valid if it contains certain "PRINT NAME OF PROXYHOLDER" language. We did not read the Division's answers, so we do not know the outcomes.
The Statute Behind the Rule
Section 718.501(3), as it reads in the 2025 Florida Statutes (the 2026 page for this section did not load), says that on or before October 1, 2025, "all condominium associations must create and maintain an online account with the division and provide information requested by the division in an electronic format determined by the division." It adds:
- The Division "may require condominium associations to provide such information no more than once per year," except that contact information must be updated "within 30 days after any change."
- The Division "shall provide a condominium association at least a 45-day notice of any requirement to provide any information after the condominium association initially creates an online account."
- The information the Division may require is limited to association contact information; building data (stories, units, age by certificate of occupancy, construction commenced in the common elements in the calendar year); assessment data (amounts by unit type including reserves, purpose, financial institutions); and a copy of any structural integrity reserve study and associated materials "within 5 business days after such request."
Section 718.501(2)(a) sets an annual fee of "$4 for each residential unit," due March 1, with a 10 percent penalty if late. An association that has not paid "will not have standing to maintain or defend any action in the courts of this state until the amount due, plus any penalty, is paid." Section 718.501(2)(c) requires directors to certify on the Division's form that each director has completed the written certification and education requirements.
The Division's Create an Online Account page says the Association Information submission "is required to be submitted annually and updated within thirty (30) days after a change," that building and assessment information submissions are annual, and that retrofitting results must be reported through the account. It also states that an association's managing entity number is unique to the association and should not be confused with a building project number or a manager's license number.
What This Means in Practice
For boards
Our reading: the safest assumption is that the account, the annual submissions, the 30-day contact update and the annual fee are all current obligations, with the rule adding detail on how they work. Which of the 45-day references in the notice and the statute applies to which event is a point for counsel: the notice summary ties a 45-day period to account creation after the rule's effective date or initial association recording, while the statute uses a 45-day notice period for information requests after the account exists. We did not read the rule text and cannot say how it words either.
For owners
Owners do not file anything with the Division through this rule, but the account is the channel through which the association reports its board, manager, buildings and assessments. Ask the board whether the association's account is active and current.
Open questions
- The exact wording of the final June 18, 2026 rule, including the limited proxy form requirements (the rule references Form CO 6000-7) and retrofitting reporting.
- What changed between the February proposal and the April 2026 notice of change.
- The outcome of the 2025 declaratory petitions.
Timeline
| Date | Event |
|---|---|
| 7/22/1980 | Rule first adopted (history note) |
| 9/1/2015 | Last amendment before the 2026 version |
| 6/11/2025 | Decoplage petition noticed |
| 8/18/2025 | Development notice for rule update |
| 10/1/2025 | Statutory online account deadline (section 718.501(3)) |
| 12/8/2025 | Newth Gardens petition noticed |
| 2/9/2026 | Notice of proposed rule; comments through 3/2/2026 |
| 4/15/2026 | Notice of change |
| 6/18/2026 | Amended rule effective |
Related Florida Law
- Section 718.501: Division jurisdiction and the online account
- DBPR SIRS reporting
- Section 718.112: bylaws, meetings, elections and budgets
- Section 718.111: official records and reporting
- Chapter 718: the Condominium Act
- Florida HOA laws complete guide
Board Checklist
- Open Rule 61B-23.002 on flrules.org and read the full current text.
- Confirm the association has an active Division online account linked to its managing entity number.
- Calendar the 30-day deadline to update contact information after any board or manager change.
- Confirm the annual $4-per-unit fee was paid by March 1.
- Check that the limited proxy form the association uses matches the current Division form.
- Keep copies of each submission and confirmation with the official records.
Frequently Asked Questions
What is Rule 61B-23.002?
The Division's rule on operation of the condominium association, covering the online account, information given to the Division, annual fees and retrofitting reporting, per the Division's notice.
When did the latest version take effect?
June 18, 2026, per the rule page history note.
Does the rule apply to HOAs?
No. It implements sections of Chapter 718, the condominium law.
What must the association put in its online account?
Section 718.501(3) limits the Division to association contact information, building information, assessment information and a copy of any SIRS on request.
What happens if the annual fee is late?
Section 718.501(2)(a) adds a 10 percent penalty after March 1 and removes the association's standing in Florida courts until the fee and penalty are paid.
Where This Comes From
We read the Florida Administrative Rules page for Rule 61B-23.002 (history notes, notice table), the Notice of Proposed Rule dated February 9, 2026, the 2025 text of section 718.501 on the Florida Senate's website (the 2026 text did not load; confirm it is unchanged), and the Division's Create an Online Account page. The rule's own text did not load, so it is not summarized. Official page: flrules.org, Rule 61B-23.002.
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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.
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