Florida Chapter 719 (Cooperative Act): Structure, Turnover and Emergency Powers

Quick Answer

Chapter 719 of the Florida Statutes, the Cooperative Act, governs cooperatives, a form of ownership in which "legal title is vested in a corporation or other entity and the beneficial use is evidenced by an ownership interest in the association and a lease or other muniment of title or possession granted by the association." It is organized like the Condominium Act (Chapter 718) and has received many parallel amendments.

The one thing boards and owners most need to know: do not assume a condominium rule applies to a cooperative, or the reverse. Several provisions we compared match closely, but others differ in details such as notice and petition rights.

At a Glance

What the Law Says

Structure of the chapter

• Part I, General Provisions (ss. 719.101 to 719.131): definitions, creation of cooperatives, records and financial reports, amendment of cooperative documents, bylaws, common expenses and assessments, liens, attorney's fees, limitation of liability, alternative dispute resolution, receivership notification, emergency powers, electronic voting and law enforcement vehicles.
• Part II, Rights and Obligations of Developers (ss. 719.202 and 719.203).
• Part III, Rights and Obligations of Association (ss. 719.301 to 719.304), including transfer of control.
• Part IV, Special Types of Cooperatives (ss. 719.401 to 719.403).
• Part V, Regulation and Disclosure Prior to Sale of Residential Cooperatives (ss. 719.501 to 719.508), including the division's powers and duties, filing prior to sale or lease, disclosure prior to sale, and the prospectus or offering circular.
• Part VI, Conversions to Cooperative (ss. 719.604 to 719.622).

Key definitions, section 719.103

The "association" is "the corporation for profit or not for profit that owns the record interest in the cooperative property or a leasehold of the property of a cooperative and that is responsible for the operation of the cooperative." A "unit owner" is the person holding "a share in the cooperative association and a lease or other muniment of title or possession of a unit that is granted by the association as the owner of the cooperative property." The "division" is the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. A "structural integrity reserve study" is a study of reserve funds for future major repairs and replacement "performed as required under s. 719.106(1)(k)."

Transfer of control, section 719.301

Owners other than the developer may elect not less than one-third of the board when they own 15 percent of the units, and not less than a majority at the first to occur of: three years after 50 percent of units are conveyed; three months after 90 percent are conveyed; completion with none being offered for sale in the ordinary course; some units conveyed and none being constructed or offered; or "seven years after creation of the cooperative association." The election must be called within 75 days, on at least 60 days' notice. The developer must deliver association property, including audited financial records, and the section's list now includes a turnover inspection report consisting of a structural integrity reserve study and a copy of the association's most recent structural integrity reserve study. Compare the condominium version on our turnover page.

Emergency powers, section 719.128

When a state of emergency is declared for the area, the board may, unless the cooperative documents specifically prohibit it, hold meetings and elections by real-time electronic means, cancel and reschedule meetings, relocate the principal office, order evacuation, mitigate damage, contract on an owner's behalf (with reimbursement enforceable under the lien in s. 719.108), and "levy special assessments without a vote of the owners," and borrow money without owner approval to fund emergency repairs. The authority is "limited to that time reasonably necessary to protect the health, safety, and welfare" of the association and owners. The History line shows a 2026 amendment by section 184 of chapter 2026-168.

Electronic voting, section 719.129

Online voting requires owner consent and a board resolution, with the same authentication, receipt, secrecy and recount capabilities as the condominium section. Its notice rule requires written notice of the meeting at which the resolution will be considered at least 14 days before the meeting, with an affidavit in the official records. See our page on electronic voting under s. 718.128.

What This Means in Practice

For boards

Our reading: because Chapter 719 mirrors Chapter 718 in structure, a cooperative board can use condominium guidance as a starting point, but should verify each section number and wording in Chapter 719 before relying on it. For example, 719.301 has five turnover triggers, while the condominium version lists seven.

For owners

Owners hold shares plus a lease or similar right, not a deeded unit, so definitions such as "unit owner" and "cooperative parcel" differ from condominium usage.

What this page does not cover

• We read the definitions section, the Part I and Part V section lists, and ss. 719.128, 719.129 and 719.301. We did not read ss. 719.104, 719.106, 719.108 or Parts II, IV and VI in full, so we do not summarize their requirements here.
• We did not compare each recent amending bill line by line. The History lines show that several recent bills touched this chapter, but we did not trace which change belongs to which bill.
• Administrative rules for cooperatives are addressed on a separate page; see below.

Timeline

Related Florida Law

• Chapter 718, Condominium Act
• Fla. Admin. Code 61B-78.001, cooperative operation
• Fla. Stat. § 718.301, developer turnover
• Fla. Stat. § 718.128, electronic voting
• SB 154 (2023)
• HB 913 (2025)
• HB 1021 (2024)
• Florida HOA laws complete guide

Board Checklist

• Confirm whether the association is a cooperative under s. 719.103 before applying condominium guidance.
• Keep a copy of the cooperative documents: articles, bylaws, the ground lease if any, and the documents evidencing shares and possession.
• Review the board's emergency authority in s. 719.128 and any limits in the cooperative documents.
• If considering online voting, adopt the resolution with the 14-day meeting notice and affidavit required by s. 719.129(4).
• Check the structural integrity reserve study requirement with a licensed professional and counsel.
• For developer-controlled cooperatives, track the s. 719.301 triggers and turnover deliverables.
• Before a sale or conversion, confirm the Part V and Part VI disclosure and filing requirements with counsel.

Frequently Asked Questions

What is a cooperative under Florida law?

A form of ownership where title is held by a corporation or other entity and each owner's use is evidenced by an ownership interest in the association plus a lease or other title or possession document.

Is Chapter 719 the same as the Condominium Act?

No. It is parallel in structure, but sections differ. For example, 719.301 lists five turnover triggers while 718.301 lists seven.

Who regulates cooperatives?

The Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation is the "division" in the chapter.

Can a cooperative board levy emergency special assessments?

Under s. 719.128(1)(l), after a declared state of emergency, the board may "levy special assessments without a vote of the owners," notwithstanding contrary provisions, for the limited time reasonably necessary.

Does a cooperative have to deliver a reserve study at turnover?

Section 719.301(4) lists a turnover inspection report consisting of a structural integrity reserve study and the association's most recent study.

Does the electronic voting section allow a member petition?

Not in the text we read. Section 719.129 has no petition subsection, unlike s. 718.128(6) for condominiums.

Where are the sale and disclosure rules?

In Part V, ss. 719.501 to 719.508, which covers division powers, filing prior to sale or lease, disclosure prior to sale and the prospectus or offering circular.

Where This Comes From

We read the chapter table of contents and Part I and Part V section lists, and the current text and History lines of ss. 719.103, 719.128, 719.129 and 719.301, on the Florida Legislature's Online Sunshine site. The official chapter index is at leg.state.fl.us.

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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.