Florida Statutes 718.113: Condo Maintenance, Alterations, EV

Quick Answer

Section 718.113 sets who maintains a Florida condominium's common elements, how material alterations get approved, and a bundle of owner and board rights: a U.S. flag, a small religious object on the door frame, electric vehicle chargers and board-adopted hurricane protection specifications. Unless the declaration says otherwise, material alterations or substantial additions need approval of 75 percent of the total voting interests.

The most recent act in the history line is chapter 2025-175 (HB 913).

At a Glance

What the Law Says

Maintenance, subsection (1)

"Maintenance of the common elements is the responsibility of the association, except for any maintenance responsibility for limited common elements assigned to the unit owner by the declaration." After turnover, the association must perform maintenance identified by the developer under section 718.301(4)(p) and (q) until it obtains new protocols from a licensed professional engineer or architect or a certified reserve specialist.

Material alterations, subsection (2)

No material alteration or substantial addition to common elements or association real property is allowed except as the declaration provides. If the declaration does not specify a procedure, "75 percent of the total voting interests of the association must approve." For multicondominium associations, 75 percent of the voting interests of each affected condominium applies absent a declaration procedure. Paragraphs (2)(a)-(c) say they clarify existing law for associations existing on July 1, 2018.

Flags and religious objects, subsections (4) and (6)

An owner may display one portable, removable U.S. flag and, on six named holidays (Armed Forces Day, Memorial Day, Flag Day, Independence Day, Patriot Day, Veterans Day), official service-branch flags not larger than 4 1/2 by 6 feet. An association "may not refuse" a request for reasonable accommodation to attach a religious object to the door mantel or frame, not exceeding 3 inches wide, 6 inches high and 1.5 inches deep.

Hurricane protection, subsection (5)

• Each board of a residential or mixed-use condominium "must adopt hurricane protection specifications" for each building, which may include color and style and must comply with the building code.
• Installing, maintaining, repairing, replacing and operating compliant protection is not a material alteration.
• The board may install, or require owners to install, protection that meets or exceeds code, "subject to s. 718.3026" and the approval of a majority of voting interests, recorded in a certificate in the county records.
• No vote is needed if the association already maintains the protection or the declaration already requires owners to install it.
• If compliant protection is already installed, the board may not require the same type again unless it has reached the end of its useful life or is necessary to prevent damage.
• The board "may not refuse" an owner's installation that conforms to the adopted specifications, though it may require adherence to an existing unified building scheme.
• Unless the declaration provides otherwise, an owner is not responsible for the cost of removing or reinstalling protection needed for association maintenance; the association must reimburse the owner or credit future assessments.

Solar and EV chargers, subsections (7) to (9)

The board may install solar collectors, clotheslines or similar devices on common elements without owner approval. A declaration or board "may not prohibit" an owner from installing an electric vehicle charging station or natural gas fuel station in the owner's limited common element or exclusively designated parking area. Conditions include no irreparable damage, separate or embedded metering, owner-paid installation, operation, maintenance and insurance, a certificate of insurance naming the association within 14 days, and compliance with reasonable architectural standards that cannot prohibit the charger or substantially increase its cost. The association may enforce cost payment under section 718.116 and gets an implied easement across common elements for the installation.

What This Means in Practice

Boards

The two documents that matter are the declaration and the board's hurricane specification. If your board has not adopted a specification, subsection (5) says it "must." Our reading: owner requests for shutters or impact windows should be measured against the adopted spec, because the board cannot refuse conforming installations.

Owners

Owners installing an EV charger bear installation, electricity, insurance and removal costs, and may be asked for proof of insurance within 14 days of approval or notice.

Open questions

The statute does not define "material alteration." Disputes about whether a project crosses that line are likely to depend on the declaration and the facts. We did not trace which of the 2023 to 2025 amendments added which items.

Timeline

Related Florida Law

• HB 293 (2024), the HOA parallel on hurricane protection.
• Section 163.04 on solar and clotheslines.
• Section 718.3026 on bidding.
• Section 718.116.
• Chapter 718 overview.

Board Checklist

• Adopt written hurricane protection specifications for each building.
• Check the declaration's alteration approval procedure before any common-element project.
• Track the 75 percent default when the declaration is silent.
• Record any hurricane protection vote certificate in the public records.
• Set an EV charger application with insurance and metering conditions.
• Document responsibility for removal and reinstallation of protection during repairs.

Frequently Asked Questions

What vote approves a material alteration?

Whatever the declaration says; if it is silent, 75 percent of the total voting interests.

Can a condo ban EV chargers?

Not within an owner's limited common element or exclusively designated parking area; the owner pays and meets safety and insurance conditions.

Must the board adopt hurricane protection specifications?

Yes, under subsection (5) each board of a residential or mixed-use condominium must adopt them for each building.

Can the board refuse conforming shutters?

No, if the owner's installation conforms to the adopted specifications, although the board may require adherence to a unified appearance scheme.

Who pays to remove shutters for roof work?

Unless the declaration says otherwise, not the owner: the association pays or reimburses.

Are flags allowed?

One portable U.S. flag, plus official service-branch flags on six listed days.

Where This Comes From

We read the full 2026 text and history line of section 718.113 on the Florida Legislature's Online Sunshine site (section 718.113). Quotations are from the statute text.

Where We Stand

Our position: we support the uniform hurricane protection rule, with a caveat. A single board specification prevents mismatched shutters and speeds permits, but the cost-shifting for removal and reinstallation can surprise budgets. A practical tip: add removal and reinstallation to the budget line for any roof or window project, and put the board specification in the owner handbook. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.

How APM Helps

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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.