Florida SB 630 (Chapter 2021-99): 2021 Community Associations Omnibus Law

Quick Answer

Florida's 2021 Senate Bill 630 (CS/CS/SB 630, "Community Associations"), enacted as chapter 2021-99, was an omnibus rewrite touching condominium, cooperative and homeowners' association law. It passed both chambers without a single no vote, the Governor approved it on June 16, 2021, and it took effect July 1, 2021. For HOAs, the headline changes were rental-restriction rules for amendments adopted after July 1, 2021, website posting of meeting notices, voting papers as official records, and developer reserve rules.

At a Glance

What the Law Says

We describe the bill from the Florida Senate's end-of-session summary of the final bill, its bill page and staff analysis. Where noted, we compared items to the current statutes.

Condominiums

• A unit owner's insurance policy may not give subrogation rights against the association if the association's policy gives none against unit owners.
• A multicondominium association may adopt a consolidated declaration that complies with the creation requirements and does not merge the condominiums.
• Records of bids are kept one year instead of seven; associations with 150 or more units may use a mobile app instead of a website for specified records (the 2024 bill discussed on our HB 1021 page later changed that threshold); renters may inspect the declaration; owners need not state a purpose to inspect records.
• Only board service on or after July 1, 2018 counts toward the eight-year term limit. The current section 718.112(2)(d)3. still says so.
• Written notice of meetings may be sent electronically, and the notice and agenda requirement extends to all unit owner meetings; the second election notice goes out not less than 14 or more than 34 days before the election.
• The maximum unit transfer fee rose from $100 to $150 per applicant, adjusted every five years by CPI. The current section 718.112(2)(k) shows $150.
• The prohibition on contracting with service providers owned by a director was removed (section 718.112(2)(p)); conflict-of-interest disclosure under section 718.3027 remains.
• Owners may install electric vehicle or natural gas fuel charging stations in exclusively designated parking areas, at the owner's cost, and the board may provide stations on common elements and set charges.
• Developer escrow funds may be used for "actual costs" of construction, excluding marketing, loan costs, professional fees and insurance.
• The ombudsman no longer must keep a principal office in Leon County.

Cooperatives

• An interest in a cooperative unit is an interest in real property.
• Board and committee members may attend and vote by telephone or real-time video or similar communication.

Homeowners' associations

• The association's rules and regulations were removed from the statutory definition of "governing documents."
• The association may adopt a rule to post meeting notices and agendas on a website or app and email members the notice. The current section 720.303(2)(c) contains that procedure.
• Ballots, sign-in sheets, proxies and other voting papers are official records, kept at least one year after the event. Information an association obtains about guests visiting a gated community is confidential. Both appear in the current section 720.303.
• Developer reserve rules were clarified: a developer need not establish reserves while in control and, if it includes them, sets the amount; the developer is not obligated to pay reserve contributions, operating expenses or certain assessments where the declaration lets it pay only the deficit. The current section 720.303(6)(i) says this applies to HOAs existing or created on or after July 1, 2021.
• Rental amendments: a governing document, amendment, rule or regulation enacted after July 1, 2021 that prohibits rentals, changes the rental term, or limits how many times a parcel may be rented applies only to owners who acquire title after it takes effect or who consent. An association may prohibit or regulate rentals for less than six months, or more than three times in a calendar year, and apply that to all owners. Associations with 15 or fewer parcel owners are exempt. A transfer to an affiliated entity, a change with no change in beneficial ownership, or an heir becoming owner is not a change of ownership for this purpose.
• Conditions for non-developer members to elect a majority of the board were reworded to distinguish developer from non-developer members.

All three types

• Associations may extinguish discriminatory restrictions in the manner provided by section 712.065.
• Presuit mediation became an alternative to arbitration by the Division for condominium and cooperative disputes. Recall and election disputes are not eligible for mediation and must be arbitrated by the Division or filed in court.
• Emergency powers were widened to cover injury and an anticipated declared emergency, and boards may hold meetings and elections by telephone or real-time video; associations may not bar access to units during a declared emergency for ingress, egress, sale, habitability or health and safety, subject to governmental orders (from the staff analysis of the bill as it stood on March 31, 2021).
• Fines: the summary says payment "is due five days after notice of the fine is provided." The current HOA section 720.305 no longer reads that way; it sets a payment date at least 30 days after the committee's written findings. See our page on section 720.305.

What This Means in Practice

For boards

The bill is history, but parts of it still shape current text. If your HOA is considering a rental restriction, the bill's rule is that an amendment adopted after July 1, 2021 binds only buyers after the effective date and consenting owners, with an exception for restrictions on short-term rentals (under six months or more than three rentals a year). Have counsel read the current section 720.306, which we have not reviewed for this page.

For owners

If you bought before a post-July 1, 2021 rental ban was adopted and did not consent, the summary says the ban does not apply to you, except for the short-term limits described above.

Open questions (our reading)

• We did not read the enrolled bill text line by line. The Senate summary describes the final bill, but amendments since 2021 have changed several of these sections, so use current statute text.
• We compared only the items marked "current" above to the 2026 statutes. We did not compare the rental provisions in section 720.306 or the emergency powers sections.
• The Senate staff analysis we read predates two Senate floor amendments; we rely on the final summary for what was enacted.

Timeline

Related Florida Law

• 2021 Senate Bill 56: assessment invoices and notices, a companion bill.
• 2021 Senate Bill 1966: the Department's omnibus.
• Section 720.303
• Section 720.305
• Section 720.306
• Florida HOA law changes 2021 to 2025
• Florida HOA laws complete guide

Board Checklist

• Check whether any rental restriction in your documents was adopted before or after July 1, 2021, and whether owners consented.
• Confirm any website or app notice procedure is adopted by rule and includes the electronic notice with a hyperlink.
• Keep ballots, sign-in sheets and proxies for at least one year.
• Keep gated-community guest visit information out of owner record requests.
• For condominiums, check the unit transfer fee against current section 718.112(2)(k).
• Check the date used to count director service toward the eight-year term limit.
• Review emergency-powers language in the bylaws against current statutes.
• Read current statute text, not the 2021 bill, before acting.

Frequently Asked Questions

Did Florida SB 630 become law?

Yes. CS/CS/SB 630 became chapter 2021-99 after the Governor approved it on June 16, 2021, and took effect July 1, 2021.

What did SB 630 change for HOA rentals?

Per the Senate's summary, rental restrictions adopted after July 1, 2021 apply only to owners who later buy or who consent, but associations may prohibit or regulate rentals under six months or more than three times a year for all owners. Associations with 15 or fewer parcel owners are exempt.

Did SB 630 apply to condominiums too?

Yes. It amended chapters 718, 719 and 720, including condominium transfer fees, term limits, record retention, EV charging and mediation.

Are voting records official records for HOAs?

Yes. Ballots, sign-in sheets, proxies and other voting papers are official records kept at least one year after the election, vote or meeting. The current section 720.303(4)(a)12. contains that rule.

Did SB 630 raise the condo transfer fee?

Yes, from $100 to $150 per applicant, adjusted every five years for inflation. Current section 718.112(2)(k) shows $150.

Does the fine payment rule in SB 630 still apply?

Not in the same form for HOAs. The current section 720.305 requires a payment date at least 30 days after delivery of the committee's written findings.

Where can I read the bill?

The Florida Senate bill page links the enrolled text, staff analyses and chapter 2021-99.

Where This Comes From

We read the Florida Senate's bill page for CS/CS/SB 630 (2021 Senate Bill 630), its end-of-session bill summary, the Rules Committee staff analysis dated March 31, 2021, and the current text of sections 718.112, 720.303 and 720.305. We did not read the enrolled bill text in full.

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.