Florida Statutes § 718.112: Condo Bylaws, Meetings, Elections and Budgets

Quick Answer

Fla. Stat. § 718.112 is the condominium bylaws section. It lists terms the bylaws must contain, or are "deemed to include" if they are silent: how the board is run, owner and board meetings (including video conference), elections, budgets and the 115 percent substitute budget, reserves, recall, transfer fees and more. Key rules include quarterly board meetings in a residential condominium of more than 10 units, a limit of 8 consecutive years on a board member's service unless two-thirds of votes cast approve more, and a 60-day, 40-day and 14-to-34-day election notice sequence. The section was last amended in 2026 (ch. 2026-14); subsection letters have shifted over the years, so cite the current edition.

At a Glance

What the Law Says

Subsection (1) says the association's operation is "governed by the articles of incorporation if the association is incorporated, and the bylaws." An amendment to the articles or bylaws "is not valid unless recorded with identification on the first page thereof of the book and page of the public records where the declaration ... is recorded." Subsection (2) then lists required provisions. This page covers the paragraphs boards use most often. Reserves are covered on the separate reserves page.

Administration and owner inquiries, (2)(a)

• If the bylaws are silent, the board has five members, unless the condominium has five or fewer units. Not-for-profit corporations in condominiums of five or fewer units must have at least three board members.
• When an owner of a residential condominium sends a written inquiry by certified mail, the board must respond in writing within 30 days. A response may be substantive, or may state that a legal opinion or Division advice has been requested (then 60 days for a legal opinion, 10 days after Division advice).
• A failure to give a substantive response "precludes the board from recovering attorney fees and costs in any subsequent litigation, administrative proceeding, or arbitration arising out of the inquiry." The board may adopt rules, including one limiting responses to one written inquiry per unit in any 30-day period.

Quorum, voting and proxies, (2)(b)

• Unless the bylaws set a lower number, a quorum is a majority of the voting interests. Decisions are by a majority of the voting interests represented at a meeting with a quorum, unless the law or documents say otherwise.
• Owners in a residential condominium may not vote by general proxy but may use limited proxies for waiving reserves, waiving financial reporting, amending the declaration, articles or bylaws, and other matters where this chapter requires or permits an owner vote. A proxy "may not be used in the election of board members in a residential condominium," except as stated in paragraph (d).
• A proxy is effective only for the meeting for which it was given and lawful adjournments, and is not valid longer than 90 days after the first meeting. It can be revoked at any time.
• A board meeting may be conducted in person or by video conference. A member's participation by telephone or real-time video "counts toward a quorum, and such member may vote as if physically present." A speaker must be used so owners present can hear. The Division must adopt rules for meetings.

Board meetings, (2)(c)

• In a residential condominium of more than 10 units, the board "shall meet at least once each quarter," and at least four times a year the agenda must include an opportunity for members to ask questions.
• Board meetings with a quorum are open to all owners. Directors may use email to communicate but "may not cast a vote on an association matter via e-mail." Owners may record meetings and have the right to speak on designated agenda items.
• Notice, specifically identifying all agenda items, must be posted conspicuously on the condominium property at least 48 continuous hours before the meeting, except in an emergency. A video conference notice must say so, include a hyperlink and a conference telephone number, and give the address of a physical location. A video conference must be recorded and kept as an official record.
• If 20 percent of the voting interests petition the board to address an item, the board must place it on the agenda within 60 days after receipt, at its next regular meeting or a special meeting.
• Written notice of a meeting at which a nonemergency special assessment, or an amendment to rules on unit use, will be considered must be mailed, delivered or electronically transmitted and posted at least 14 days before the meeting, with an affidavit in the official records. Notice of any meeting considering assessments must state the estimated cost and purposes. If an agenda item is approval of a contract, a copy must go with the notice.
• Attorney meetings on proposed or pending litigation, and personnel matters, are exempt from the open-meeting requirement.

Owner meetings and elections, (2)(d)

• The annual meeting must be held where the bylaws provide, or if silent, within 15 miles of the condominium or in the same county. Owner meetings, including the annual meeting, may be held in person or by video conference. If the annual meeting is by video conference, a quorum of the board must be physically present at the physical location, and the meeting must be recorded.
• Board members are elected by written ballot or voting machine. The statute sets this sequence: a first notice of the election at least 60 days before; candidates give written notice of intent at least 40 days before; and a second notice with agenda and a ballot listing all candidates "not less than 14 days or more than 34 days" before the election. A candidate may submit a one-page information sheet at least 35 days before.
• Elections are decided by plurality. There is no quorum requirement, but "at least 20 percent of the eligible voters must cast a ballot in order to have a valid election." An election is not required unless there are more candidates than vacancies.
• "A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates." Only service on or after July 1, 2018 counts.
• Ineligible as candidates: a person suspended or removed by the Division, a person delinquent in any assessment, and a person convicted of a felony unless civil rights were restored at least 5 years ago.
• Each new director must file a written certification that they read the governing documents and a certificate of at least 4 hours of approved education within 1 year before or 90 days after election or appointment. The certificate is valid for 7 years, with 1 hour of annual continuing education. A director who fails to file is suspended until compliance, though the statute says missing paperwork does not affect the validity of board action.
• A challenge to the election process must be started within 60 days after results are announced.
• An association of 10 or fewer units may, by majority of the total voting interests, adopt different voting and election procedures in its bylaws.

Budget meeting and annual budget, (2)(e) and (2)(f)

• Any meeting at which the proposed budget will be considered is open to all owners and may be held by video conference. At least 14 days before, the board must hand deliver, mail or electronically transmit notice and a copy of the proposed budget, with an affidavit filed in the official records.
• If the proposed budget requires assessments exceeding 115 percent of the prior fiscal year's, the board "shall simultaneously propose a substitute budget that does not include any discretionary expenditures that are not required." Owners consider the substitute at the meeting. It is adopted if approved by a majority of all voting interests (or a higher percentage if the bylaws require). If it is not adopted, the board's originally proposed budget may be adopted.
• The 115 percent test excludes required reserves, anticipated expenses not expected to be incurred regularly for the repair, maintenance or replacement of the items in paragraph (g), and insurance premiums.
• The board must adopt the annual budget at least 14 days before the fiscal year starts. If it fails to timely adopt it a second time, "it is deemed a minor violation and the prior year's budget shall continue in effect."

Amendments, transfer fees and recall

• Amending bylaws, (2)(j): if the bylaws do not state a method, an amendment needs approval by owners of not less than two-thirds of the voting interests. A bylaw may not be amended by reference to its title or number only.
• Transfer fees, (2)(k): no fee for a sale, mortgage, lease or transfer unless the association must approve the transfer and the fee is in the documents. Any fee may not exceed $150 per applicant, adjusted every 5 years by CPI, with no charge for a lease renewal with the same lessee.
• Recall, (2)(l): a majority of all voting interests may recall any board member with or without cause. A special meeting may be called by 10 percent of the voting interests, and notice may not be sent electronically. The board must hold a meeting within 5 full business days after the recall vote or written agreement, and a recalled member must turn over records within 10 full business days. A court or the Division may not accept a recall petition when 60 or fewer days remain until the member's scheduled reelection.
• Delinquent or charged directors, (2)(p) and (2)(q): an officer or director more than 90 days delinquent on any monetary obligation is "deemed to have abandoned the office." A director charged by information or indictment with listed crimes (including forgery of a ballot, theft or embezzlement of association funds, and any criminal violation under chapter 718) must be removed from office.
• Fraudulent voting, (2)(r): specified acts, such as false oaths in connection with voting, vote buying, and intimidation, are first-degree misdemeanors.

What This Means in Practice

For boards

The section works as a default rulebook. If your recorded bylaws are silent on a required item, the statute fills the gap. If they conflict with it, our reading is that the statute controls, but the section also allows bylaws to set stricter terms in places (for example, a lower quorum, a larger percentage to adopt a substitute budget, or the notice timeframe for owner meetings other than the annual meeting). Have counsel compare your bylaws to the current text.

Notice math (our arithmetic, for illustration): for an annual meeting on a given date, count back 14 days for the written notice and agenda (and 14 continuous days of posting), count back 34 days for the latest and 14 days for the earliest mailing of the ballot, count back 40 days for the candidate deadline, and 60 days for the first notice. The statute does not say how to count days, so confirm the method with counsel.

For owners

Owners can petition to add an agenda item (20 percent of voting interests), call a recall meeting (10 percent), submit a written inquiry that must be answered in 30 days, run for the board if current on assessments and eligible, and challenge an election within 60 days. Owners can attend board meetings in person, and by video where the board uses video conference.

What the law does not say

• It does not say how days are counted for the notice periods.
• It does not define "video conference" or set technical standards. It directs the Division to adopt rules. We did not find or read a Division rule on video meetings.
• It does not explain how the 8-year term limit applies to partial terms or to a person who left and returned. Whether a break resets the count is an open question for counsel.
• The paragraphs described here are those we read in the 2026 text. We did not compare them against each earlier version, so we do not say which amendment added any particular sentence unless the bill record says so.

One difference to note: the Senate bill summary of HB 913 (an earlier version of the bill) says a director attending by video "may not count towards a quorum." The 2026 statute text says participation by real-time video "counts toward a quorum." We followed the statute text.

Timeline

Related Florida Law

• § 718.112(2)(f) and (g): reserves and the structural integrity reserve study
• § 718.111: official records, insurance and financial reporting
• § 553.899: milestone inspections
• Chapter 718: the Condominium Act
• HB 1021 (2024): condominium associations reform
• HB 913 (2025): reserves, SIRS and meetings
• Florida HOA laws complete guide

Board Checklist

• Compare your recorded bylaws with § 718.112(2) and list every place they are silent or differ.
• Calendar the quarterly board meetings (for associations of more than 10 units) and include a questions agenda item at least four times a year.
• Build the annual election calendar backward from the meeting date: 60 days, 40 days, 35 days, 34 to 14 days and 14 days.
• Confirm every candidate is eligible: not delinquent, not suspended or removed, no unrestored felony, and within the 8-year limit.
• Collect each director's written certification and education certificate within 90 days, and retain them.
• If the proposed budget exceeds 115 percent of last year's assessments, prepare the substitute budget at the same time and give 14 days' notice with the affidavit.
• Use a written notice log and affidavits for assessment meetings and rule changes affecting unit use (14 days).
• Set up a process to answer certified-mail owner inquiries within 30 days.

Frequently Asked Questions

How often must a Florida condo board meet?

In a residential condominium association of more than 10 units, at least once each quarter. At least four times each year the agenda must include an opportunity for members to ask questions of the board.

How many years can a Florida condo director serve?

No more than 8 consecutive years unless two-thirds of all votes cast in the election approve, or there are not enough eligible candidates to fill the vacancies. Only service on or after July 1, 2018 counts.

How much notice is required for a board meeting?

Notice identifying all agenda items must be posted conspicuously on the condominium property at least 48 continuous hours before the meeting, except in an emergency. For a nonemergency special assessment or a rule change on unit use, written notice is required at least 14 days before.

When does the board need a substitute budget?

When the proposed budget requires assessments above 115 percent of the prior year's assessments, after excluding required reserves, certain SIRS-related items and insurance premiums. The board must propose the substitute budget at the same time.

Can a Florida condo board meeting be held by video conference?

Yes. The statute allows board, budget and owner meetings by video conference with notice that includes a hyperlink, a conference telephone number and a physical location, and the meeting must be recorded and kept as an official record.

How many owners does it take to recall a director?

A majority of all voting interests may recall a board member with or without cause, by vote at a meeting or by written agreement. A special meeting for that purpose may be called by 10 percent of the voting interests.

What happens if the board does not answer an owner's written inquiry?

The statute says a failure to provide a substantive response to a certified-mail inquiry within the stated time "precludes the board from recovering attorney fees and costs" in later proceedings arising out of that inquiry.

Where This Comes From

We read the full text of § 718.112 and its history line in the 2026 Florida Statutes at leg.state.fl.us, and the Senate bill summaries and bill pages for HB 1021 (2024) and HB 913 (2025). We did not read Division rules, local rules, or appellate decisions applying this section, and we did not trace each sentence to the bill that added it.

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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.