Quick Answer
Section 718.501 of the Florida Statutes sets the powers and duties of the Division of Florida Condominiums, Timeshares, and Mobile Homes over residential condominiums. It lets the Division investigate complaints, subpoena records, issue cease and desist orders, impose civil penalties (up to $5,000 per offense), and, in some cases, remove a director. It also sets a $4-per-unit annual fee and requires every condominium association to keep an online account with the Division.
The one thing boards most need to know: after turnover from the developer, the Division's complaint jurisdiction is limited to the list in subsection (1)(a), which is mostly finance, elections, records, meetings, conflicts of interest, reserve and milestone paperwork, and director education.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | Fla. Stat. section 718.501, "Authority, responsibility, and duties of Division of Florida Condominiums, Timeshares, and Mobile Homes" (2026 Florida Statutes) |
| Effective date | Ongoing statute since chapter 76-222. The history line ends with chapters 2025-175 and 2026-14 (section 44). |
| Applies to | Residential condominiums and their developers, bulk assignees, bulk buyers, associations, officers, directors, community association managers and management firms. Not HOAs (chapter 720 has a different regime). |
| Key sections | 718.501(1) jurisdiction and enforcement; (2) annual fee and director certification; (3) online account |
| Remedy or penalty | Civil penalty up to $5,000 per offense (day-by-day basis allowed); cease and desist orders; court-ordered restitution, receivership or conservatorship; removal of a willful and knowing violator. Court-sought penalty of $500 to $5,000 per violation under (1)(e)8. |
What the Law Says
Jurisdiction, subsection (1)
The Division "may enforce and ensure compliance with this chapter and rules relating to the development, construction, sale, lease, ownership, operation, and management of residential condominium units and complaints." While the developer, a bulk assignee or a bulk buyer controls the association, the Division has "complete jurisdiction." After turnover, it may review records and investigate complaints "related only to" items in paragraph (1)(a), which the statute lists as:
- procedural aspects and records on financial issues: annual financial reporting, assessments, fines, commingling of reserve and operating funds, debit card misuse, the annual budget and reserve allocation, and records needed to determine revenues and expenses;
- elections, including voting, recall, electronic voting under section 718.128 and elections during an emergency;
- maintenance of and owner access to official records;
- procedural aspects of meetings, quorums, proxies, board meetings and budget meetings;
- disclosure of conflicts of interest;
- removal of a director or officer;
- procedural completion of structural integrity reserve studies (SIRS), milestone inspections, and completion of repairs required by a milestone inspection;
- written owner inquiries on those matters;
- insurance or fidelity bonding for people who control association funds;
- board member education requirements; and
- SIRS reporting requirements.
Investigation tools, (1)(b) to (d) and (o)
The Division may investigate inside or outside Florida, require sworn statements, administer oaths, "subpoena witnesses and compel their attendance," and require production of records. If someone ignores a subpoena, it may apply to the circuit court for an order. Directors, officers, employees, developers, community association managers and management firms "have an ongoing duty to reasonably cooperate." The Division must refer to local law enforcement anyone it believes altered, destroyed or concealed required records, or engaged in fraud, theft or embezzlement.
Enforcement, (1)(e)
- Consent proceedings, with orders or letters of censure or warning.
- Cease and desist orders. An emergency order is "effective for 90 days" and continues until a nonemergency proceeding concludes.
- Restitution actions on behalf of associations or owners when a developer, bulk assignee or bulk buyer does not pay.
- Petitions for a receiver or conservator.
- Civil penalties against associations and, for an officer or board member who "willfully and knowingly" violates the chapter, individual penalties, removal, and a bar on serving. "Willfully and knowingly" means the Division informed the person the action violates the law and the person refused to comply. The Division must first afford an opportunity to comply voluntarily, and one who complies "within 10 days is not subject to a civil penalty." The penalty "for any offense may not exceed $5,000."
- A subpoena for official records when an owner shows two certified-mail requests, the second at least 10 days after the first, and more than 10 days have passed since the second without access. Records the Division obtains go to the owner without charge.
- Citations, notices to show cause (with a hearing on written request under chapter 120), and rulemaking.
Complaint timing, (1)(n)
Within 30 days after a complaint, the Division "shall acknowledge the complaint in writing" and say whether it is within its jurisdiction. It must act within 90 days after receipt, although missing 90 days does not stop it from continuing. If it runs past 90 days, it must notify the complainant monthly.
Other duties
- Training for board members and owners and a list of approved education providers (k); a toll-free number (l).
- Certification of volunteer and paid mediators for condominium disputes under section 718.1255 (m).
- Division staff and the condominium ombudsman may attend and observe open board and owner meetings (p).
- If the Division receives a complaint about official records on the association's website or app under section 718.111(12)(g), it may request access to the site or app and investigate (u).
- An annual report, due September 30 after the fiscal year, including complaint counts and, after December 31, 2024, a list of associations that completed the SIRS (v).
Fee, certification and online account, (2) and (3)
An association that operates more than two units pays the Division "an annual fee in the amount of $4 for each residential unit." If unpaid by March 1, a 10 percent penalty applies and the association "will not have standing to maintain or defend any action in the courts of this state" until paid. Directors certify on the Division's form that each has completed the certification and education requirements in section 718.112(2)(d)5.b. Subsection (3) required every association to create and maintain an online account "on or before October 1, 2025." The Division may collect only the information the statute lists (contact data, building data, assessments and financial institutions, and a SIRS copy within 5 business days of a request), generally no more than once a year, with at least 45 days' notice, and may require contact updates within 30 days after a change.
What This Means in Practice
For boards
The Division is a regulator that can compel records and bring an administrative proceeding against an association. Our reading: the "10 days to comply" window for willful and knowing violations means a board that receives a Division notice and fixes the issue quickly lowers personal penalty risk, but that is a question for counsel in any specific case. Keep the online account contacts current, since the Division may require updates within 30 days after a change, and track the March 1 fee date.
For owners
An owner can complain to the Division about the topics in (1)(a). Our reading: disputes outside that list, such as a neighbor dispute or a maintenance disagreement, are not within the post-turnover list as written, and may need mediation or court under section 718.1255 or other chapter 718 remedies.
What the statute does not say (our reading)
- The text we read states no fee for the online account beyond the $4 per-unit fee, and it states no specific penalty for missing the October 1, 2025 account deadline.
- It does not set the penalty ranges for particular violations. Those come from Division rules, which we did not read for this page.
- It does not cover HOAs under chapter 720.
Timeline
| Date | Event |
|---|---|
| 1976 | Chapter 76-222 creates section 718.501 |
| March 1 each year | Annual $4-per-unit fee due; 10 percent penalty and loss of court standing if unpaid |
| December 31, 2024 | After this date the Division's annual report must list associations that completed the SIRS |
| October 1, 2025 | Deadline for each association to create an online account with the Division |
| 2026 | Latest amendment in the history line, chapter 2026-14, section 44 (changes not read) |
Related Florida Law
- Florida Statutes chapter 718: the Condominium Act
- Rule 61B-23.002: association online account
- Division SIRS reporting
- Section 718.301: developer turnover
- Section 718.1255: dispute resolution
- Section 718.111: official records, insurance and reporting
- Section 553.899: milestone inspections
- Florida HOA laws complete guide
Board Checklist
- Confirm the association's online account with the Division exists and its contact, manager and website information is current.
- Calendar the March 1 annual fee ($4 per residential unit) and confirm it was paid.
- Keep a record of director certifications and education certificates for the Division's form.
- Know where the SIRS is stored so a copy can go to the Division within 5 business days of a request.
- Route any Division letter or subpoena to the full board and counsel the same day.
- Answer owner records requests on time; two certified-mail requests can lead to a Division subpoena.
- Check whether the association's website or app meets section 718.111(12)(g), since the Division may request access after a complaint.
Frequently Asked Questions
Can the Division fine a condominium board member personally?
Under (1)(e)6., it may impose a civil penalty on an officer or director who "willfully and knowingly" violates the chapter, a rule or a final order. The Division must first give the person a chance to comply, and compliance within 10 days avoids a penalty.
What is the maximum civil penalty?
The text says "the penalty for any offense may not exceed $5,000," and a penalty may be imposed on each day of a continuing violation. A separate court action under (1)(e)8. can seek $500 to $5,000 per violation.
What happens if the association does not pay the annual fee?
After March 1, a 10 percent penalty applies, and the association "will not have standing to maintain or defend any action in the courts of this state" until it pays.
Did every condominium association have to open a Division online account?
Subsection (3) says all condominium associations must create and maintain one on or before October 1, 2025. Whether any particular association is exempt is a question for counsel; the text we read states no exemption.
Can the Division handle any complaint after turnover?
No. After turnover, the Division may review records and investigate complaints "related only to" the listed subjects in (1)(a).
How long does the Division have to act on a complaint?
It must acknowledge in writing within 30 days and take action within 90 days, but the statute says missing 90 days does not stop the investigation.
Can the Division get records for an owner?
Yes. After two certified-mail requests by the owner, more than 10 days apart, and more than 10 days after the second with no access, the Division "shall issue a subpoena," and gives the owner the records without charge.
Where This Comes From
We read the full text and history line of section 718.501 in the 2026 Florida Statutes on the Florida Legislature's Online Sunshine site (section 718.501). We did not read the session laws behind the 2025 and 2026 amendments or the Division's rules.
Where We Stand
Our position: we support this law. A state regulator with subpoena power, a 90-day complaint clock and a built-in chance to cure gives owners a real remedy and gives good boards a clear path. Practical tip: treat the annual fee date and the online account contacts as recurring tasks on the board calendar, not one-time items. 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.
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