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SFPMA Industry Articles | news, legal updates, events & education! 

Find Blog Articles for Florida’s Condo, HOA and the Management Industry. 

New Florida laws are changing property management by increasing transparency

New Florida laws are changing property management by increasing transparency

New Florida laws are changing property management by increasing transparency, requiring photo documentation for move-in/move-out inspections, mandating flood disclosures, and tightening regulations for community associations. Specifically, property managers must now provide tenants with flood disclosures, document unit conditions with photos to justify security deposit deductions, and adhere to new rules for homeowners’ and condominium associations regarding inspections, reserves, and records. 
 
Key changes for property managers 
 
Move-in and move-out documentation: Property managers must take photos of the unit’s condition at move-in and move-out. This documentation is crucial for justifying any deductions from a tenant’s security deposit. 
 
Flood disclosures: A new law effective October 1, 2025, requires landlords to provide a flood disclosure to tenants for rental agreements of one year or longer, notes the Florida Department of Agriculture & Consumer Services. 
 
Community association regulations: Significant changes affect HOAs and condominiums, including new requirements for structural integrity reserve studies and milestone inspections, enhanced financial transparency, and updated rules for official records and member access, says the Naples Daily News. 
 
Enhanced transparency and records management: 
 
Property managers must ensure proper maintenance of all official records and follow legal processes, explains Advanced Collection Bureau. 
 
Some HOA laws now allow for more documents to be inspected by members without a specific reason, notes Seward Law Office, P.A.. 
 
Fee restrictions: Some new laws prohibit landlords from charging tenants for certain actions, such as serving termination notices. 
 
Risk management: Property managers must proactively update their processes, ensure accurate documentation, and maintain clear communication with tenants and homeowners to manage risks effectively, says Advanced Collection Bureau. 
 
Slower eviction process for squatters: A new law passed in 2025 allows for a faster process for removing squatters from commercial properties by enabling owners to file a complaint with the sheriff, states Florida Realtors. 
 
Risk of new fees: Some property management companies are changing their fee structures to be more transparent with clients and to comply with new regulations. 
 
When are Budgets due?

When are Budgets due?

  • Posted: Nov 12, 2025
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Within 90 days after the end of the fiscal year, or annually on such date provided in the bylaws, the association must have prepared a financial report on the financial activities of the preceding fiscal year.

Within 21 days after the financial report is completed, but no later than 120 days after the end of the fiscal year, the board must provide each member with a copy of the financial report or, at a minimum, provide written notice that a copy of the financial report is available upon request, at no charge to the members.

 

Some things to consider:

  • Don’t delay – Start the process as early as possible so that you don’t miss items that could significantly impact your budget. Now is the perfect time to start preparations if your budget starts January 1.
  • It is a monotonous task, but a vital one. In this day and age, assessments will more than likely have to increase due to increases in insurance, utilities, and that never ending “wish list.” Have a budget plan. Look at the goals for the community. What does the Board want to achieve?
  • Review past budgets and the final year performance. If you overspent more years than not, obviously you need to make some changes.
  • Pet projects don’t always make the cut. Be realistic about what can be achieved.
  • Go over all contracts. You should have a spreadsheet of all contracts with expiration dates, whether they are auto renewed unless you send a cancellation notice, what is the cancellation timeline, does auto-renew have an increase and how much.
  • Ensure you are funding enough for your reserves.
  • Get a Reserve Study, or at least an updated Reserve Study to ensure you have accurate numbers.
  • Have a well-funded maintenance program. The disasters of the recent past is an indication of just how important it is to keep up even the most mundane maintenance. Proper maintenance may help delay some of the replacement items in your reserve study.

 

The financial report must consist of a complete set of financial statements prepared in accordance with generally accepted accounting principles. The level of financial reporting that must be prepared by the board is based on the total annual revenue (including reserves) of the association, as follows:

 

1. An association with total annual revenues of $150,000 or more, but less than $300,000, shall prepare compiled financial statements.

2. An association with total annual revenues of at least $300,000, but less than $500,000, shall prepare reviewed financial statements.

3. An association with total revenues of $500,000 or more shall prepare audited financial statements.

4. An association with total annual revenues of less than $150,000 shall prepare a report of cash receipts and expenditures.

 

Interestingly, if the board desires to raise the level of financial reporting, it may be increased without membership approval by board action alone, unless the governing documents provide otherwise. In addition, if the board is not inclined to approve a heightened level of reporting, but the members want to do so, then upon twenty (20%) percent of the parcel owners petitioning the board to increase the level of financial reporting from that required by Statute for that fiscal year, the board must notice and hold a membership meeting within thirty (30) days of receipt of the petition. To raise the level of financial reporting, a majority of members present at such meeting must cast their vote in favor of doing so.

 

However, lowering the reporting threshold is a different matter entirely because only the members can make that decision. To accomplish this, a majority of members present at a properly noticed membership meeting must cast their vote in favor of lowering the level of financial reporting. The meeting must take place prior to the end of the fiscal year in question.

 

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Update: what happens if condos dont get the florida inspection. sfpma.com

Update: what happens if condos dont get the florida inspection. sfpma.com

What happens if condos dont get the florida inspection?
If a condo in Florida does not undergo the required inspection, the condo association could face significant consequences including: difficulty obtaining insurance renewals, increased insurance premiums, potential legal action from owners, inability to sell units easily due to disclosure requirements, and may be forced to levy special assessments on owners to cover necessary repairs identified in the inspection if they are not completed, potentially leading to financial strain for residents; ultimately, if structural issues are severe, the building could be deemed unsafe for occupancy by local authorities.
Key points about Florida condo inspections:
  • New legislation:

    Florida enacted strict laws requiring regular structural inspections for condos, particularly older buildings, following the tragic Champlain Towers collapse in Surfside.

  • Consequences of non-compliance:

    Condo associations that fail to get inspections done could face penalties, including difficulty securing insurance, higher insurance costs, and potential legal action from unit owners.

  • Disclosure requirements:

    Inspection reports must be disclosed to potential buyers, making it difficult to sell units if the building has not been inspected and repairs are needed.

  • Reserve funds:
    Inspections are often tied to the need to build up sufficient reserve funds to cover necessary repairs identified in the inspection
Update Jan, 13, 25
What is the new law for condo inspection in Florida?
Under the laws, all buildings occupied before 1992 must complete a milestone inspection by Dec.31, 2024. This is an examination of the building’s structural integrity by an architect or engineer. The requirement also applies to buildings at least 25 years old that are within 3 miles of the coast

In Florida, if your condo association fails to get a required “milestone inspection” done by the deadline, they could face legal consequences, including potential fines and penalties, as the law mandates these inspections for structural integrity, particularly for buildings reaching 30 years old and every 10 years thereafter; however, if you are actively trying to schedule the inspection and encounter delays due to factors like a backlog of engineers, you might be able to demonstrate “good faith effort” to avoid severe repercussions. 

Key points about Florida condo inspections and missed deadlines:
  • Milestone Inspection Requirement:

    Florida law requires most condominium buildings to undergo a comprehensive “milestone inspection” once they reach 30 years old and then every 10 years after that. 

  • Potential Consequences:

    If the inspection is not completed on time, the condo association could face penalties or legal action from the state or unit owners. 

  • “Good Faith Effort” Defense:

    If the association can demonstrate they were actively trying to schedule the inspection and encountered unavoidable delays (like a shortage of qualified engineers), they might be able to avoid severe penalties. 

  • What to do if you miss the deadline:
    • Contact the condo association: Immediately reach out to the association board to understand the situation and discuss next steps. 
    • Review the inspection requirements: Ensure the association is aware of the specific deadlines and necessary steps for the milestone inspection. 

    • SB 4-D increases the safety of Florida’s condominiums by requiring inspections for all condominiums and cooperative buildings that are three stories or higher. SB 4-D requires the following for condominiums and cooperatives:

      • Condominiums and cooperatives must conduct a Structural Integrity Reserve Study (SIRS) for buildings that are three stories or higher to ensure that necessary funding is available for any future structural repairs that may be needed. This study must be completed at least every 10 years after the condominium’s creation, regardless of the condominium’s age.
      • Structural milestone inspections are required for condominium and cooperative buildings of a certain age, depending on their distance from the coastline.
      • To increase transparency and accountability, all structural inspection reports and reserve studies are required to be part of the condominium association’s’ official record and must be provided to potential purchasers of a condo unit.Consult legal advice: If there are concerns about potential legal issues, consider seeking advice from a legal professional specializing in Florida condominium law.

       

What is Senate Bill 4-D?  -Some background:

SB 4-D increases the safety of Florida’s condominiums by requiring inspections for all condominiums and cooperative buildings that are three stories or higher. SB 4-D requires the following for condominiums and cooperatives:

  • Condominiums and cooperatives must conduct a Structural Integrity Reserve Study (SIRS) for buildings that are three stories or higher to ensure that necessary funding is available for any future structural repairs that may be needed. This study must be completed at least every 10 years after the condominium’s creation, regardless of the condominium’s age.
  • Structural milestone inspections are required for condominium and cooperative buildings of a certain age, depending on their distance from the coastline.
  • To increase transparency and accountability, all structural inspection reports and reserve studies are required to be part of the condominium association’s’ official record and must be provided to potential purchasers of a condo unit.

 

What is Senate Bill 154?

SB 154 revised the requirement for condominiums to collect reserves and allows a majority of voting residents to elect not to provide reserves or to provide less reserves than required. However, this legislation prohibits waiving or reducing reserve funding for repairs and maintenance of structural components identified in the SIRS.

Additionally, SB 154 refined the requirements of the SIRS to provide clarification on the items required in a SIRS and expanded who can perform a SIRS.

SB 154 allowed a specific type of condominium (multi-condominium with 25 condominiums or more) to provide no reserves or less reserves than required if an alternative funding method was approved by the Division of Condominiums, Timeshares, and Mobile Homes. The Division received funding to contract with a third-party to review alternative funding methods submitted to the Division for review and approval.

 

What is House Bill 1021?

HB 1021 increases transparency and accountability through changes to meeting requirements, voting, education for condominium directors, recordkeeping and reporting, and support from the Florida Department of Business and Professional Regulation (DBPR). Additionally, HB 1021 introduced criminal penalties for board members who act in bad faith, increased DBPR’s ability to address resident complaints through investigations, and established a criminal referral process to streamline accountability for individuals that have engaged in criminal activity.

What types of buildings or structures are excluded from the Structural Integrity Reserve study (SIRS) requirements?

The SIRS requirements do not apply to buildings less than three stories in height; single-family, two-family, or three family dwellings with three or fewer habitable stories above ground; any portion or component of a building that has not been submitted to the condominium form of ownership; or any portion or component of a building that is maintained by a party other than the association.

Who is required to do a Structural Integrity Reserve study (SIRS)?

A residential condominium association must complete a SIRS for every building in the condominium that is three stories or higher, as determined by the Florida Building Code.

When is the Structural Integrity Reserve study (SIRS) due, and how often does my association need to complete a SIRS?

Unit owner-controlled associations existing on or before July 1, 2022, must have a SIRS completed by December 31, 2024. A residential condominium must have a SIRS completed at least every 10 years after the condominium’s creation.

The deadline to complete a SIRS is December 31, 2024. When does my association have to start reserving for a SIRS?

If your budget is adopted on or before December 31, 2024, you may vote to waive or provide less than the required SIRS reserves with a majority vote of the total voting interest of the association. You will need to begin funding your SIRS reserves in accordance with the reserve study January 1, 2026.

If your budget is adopted on or after January 1, 2025, you may not waive your SIRS reserves and need to begin funding your SIRS reserves in accordance with the reserve study.

When does my association have to report to the SIRS?

Within 45 days after receiving the SIRS, the association must provide the division with a statement indicating the study was completed and provided to the unit owners.

Can a milestone inspection or inspection for a similar local requirement, such as a re-certification inspection, substitute a SIRS visual inspection?

An association that is required to complete a MI in accordance with section 553.899, Florida Statutes, on or before December 31, 2026, may complete the SIRS simultaneously with the milestone inspection (MI). However, in no event may the SIRS be completed after December 31, 2026.

If the MI required by section 553.899, Florida Statutes, or an inspection completed for a similar local requirement, was performed within the past 5 years and meets the SIRS requirements, such inspection may be used in place of the visual inspection portion of the SIRS.

What is the difference between a milestone inspection and a SIRS?

A milestone inspection is a structural inspection of the building, including the load-bearing elements.

A SIRS is based off a visual inspection of the items required in s. 718.112(2)(g), F.S. and is a budget planning tool that identifies components of a condominium that are the responsibility of the association to maintain and replace and includes a plan to fund future maintenance and repairs.

 

Accessible parking isn’t just a nice thing to have – it’s the law. – TrueLines

Accessible parking isn’t just a nice thing to have – it’s the law. – TrueLines

  • Posted: Dec 20, 2024
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Accessible parking isn’t just a nice thing to have – it’s the law.

Most parking lots must provide accessible parking spaces that align with ADA standards.

This legal requirement ensures people with disabilities can park safely and conveniently, making it easier for them to patronize businesses, access services, and participate in community life.

Navigating the legal landscape can be challenging, but with our expertise, your parking lot can open doors for all.

Connect with us to stay informed about the crucial aspects of making your parking lot welcoming and accessible to all.

772-349-4669

admin@truelinesinc.com

www.truelinesinc.com

 

SOUTHEAST FLORIDA’S EXPERT ASPHALT MAINTENANCE CONTRACTOR

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FLORIDA MEMBERS DIRECTORY: Find top companies for your next Condo or HOA project!

FLORIDA MEMBERS DIRECTORY: Find top companies for your next Condo or HOA project!

  • Posted: Dec 18, 2024
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Search SFPMA Member Companies, Learn how they can help you with your properties Repairs & Management.

FLORIDA MEMBERS DIRECTORY

Find Members ready to help with Management, Business and Services for your properties.

Property Maintenance is an integral part of managing the day to day operations for every type of property. Search the Members Directory for Companies working with Property Management, Condo and HOA properties in Florida from Tallahassee to the Keys. 

 

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Finding the top Companies working in our Industry is important for Property Managers, Condo & HOA Board Members.

Many Property Managers, Condo & HOA Board Members use our members in the buildings and communities they manage, for them this equates to happier residents, fewer high-priced emergency repair bills and cost savings overall. Through membership marketing its all about forming relationships that lead to increased business for your company and lasting relationships for you.

Become a listed member of SFPMA Today!

 

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A guide to holiday decorating that will keep you off your HOA’s naughty list

A guide to holiday decorating that will keep you off your HOA’s naughty list

  • Posted: Dec 17, 2024
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A guide to holiday decorating that will keep you off your HOA’s naughty list

Check your association’s bylaws before making your home festive

The holidays are here, and many of the 74.1 million Americans who reside in community association neighborhoods are preparing to decorate their homes. These homeowners should be aware that many community associations have bylaws that regulate lights, trim and decorative displays. The most common association rules that regulate holiday decorations address:

  • Time. Many homeowners associations (HOAs) regulate the hours that lights may be illuminated and dates on which decorations can be displayed before and after a holiday.
  • Location. Most community association rules limit placement. In neighborhoods of single-family houses, decorations are generally permitted on the exterior of the home and must be kept within the boundaries of the yard. Owners should ensure decorations do not blow into a neighbor’s yard. In attached condominiums, many associations limit or preclude holiday decorations in common areas such as hallways and doors. Most condominium bylaws contain a restriction that prohibits an owner from making a modification to the exterior of a unit without permission from the association.
  • Nuisance. Bylaws typically preclude homeowners from creating a “nuisance.” While this definition is somewhat subjective, it could include holiday lights that are too bright or Christmas music that is played loudly throughout the night. In most cases, common sense dictates what may be disruptive to neighbors.
  • Safety. Most bylaws or rules aim to prevent dangerous or hazardous activities. If your holiday display creates a fire hazard or attracts numerous visitors who park in the street and block access for emergency vehicles, you may run into issues with your association or the local municipality.

HOA rules are intended to protect the health, safety and welfare of the community; complying with the restrictions is mandatory. Homeowners who fail to do so may initially receive a warning from the association, but continued noncompliance could result in fines or a court injunction to have the decorations removed.

Homeowners who have an issue with the holiday-decorations rules should request a meeting with the board to ask if they can be revised. Board members should be receptive to reasonable input from owners and craft rules accordingly; most owners don’t want an Ebenezer Scrooge on the board.

Fair Housing Act implications may make some holiday rules unenforceable. Religious discrimination is illegal under the act. An HOA is not allowed to show preference to one religion over another. When drafting rules, associations should be careful to avoid using terms that refer to specific holidays such as Christmas, Hanukkah or Kwanzaa. Rather, the rules should apply to all “holiday decorations” or reference “holiday trees” to ensure the religious beliefs of certain owners are not given preferential treatment.

Before decorating your home, review the community association rules to determine what restrictions, if any, exist that would regulate holiday displays. It’s a good idea to contact the community manager or the board of directors for guidance. While the holidays are a time to celebrate, owners who fail to review their association’s rules may end up with coal in their stockings. by By Kevin M. Hirzel

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Should Delinquent Owners Voting Rights Be Revoked?

Should Delinquent Owners Voting Rights Be Revoked?

  • Posted: Nov 04, 2024
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Should Delinquent Owners Voting Rights Be Revoked?

by Steve Walz

One of the thorniest issues to tackle in an HOA is homeowners in delinquency – not paying their dues or being significantly behind on dues payments. The community and owner dues are two sides of the same coin. The community canno maintain the grounds, amenities, or sidewalks without yearly owner dues. However, financial issues are a minefield of complications from family tragedy to cantankerous entitlement.

A challenging question arises: What should an HOA do if a homeowner refuses to pay their dues? Your options range from leveling fines to revoking voting rights. Many communities favor withdrawing voting rights – cutting off the privilege of community control that comes from being a contributing homeowner in the community. Any HOA considering this route should plan carefully to ensure this decision is legal, permitted, and potentially effective before putting it in place.

Is it Legal to Suspend Delinquent Owner Voting Rights?

Your state determines the legality of suspending voting rights in an HOA. Some states allow for the suspension of HOA voting rights for specific reasons or in general, but others prohibit the rest of any remaining owner voting rights. You will need to check the detailed laws regarding HOAs in your state. There may also be rules relating to HOA homeowner rights regarding delinquency and suspension of voting rights in your county and municipality.

Is it Permitted to Suspend Voting Rights Over Dues Delinquency?

The next question is whether your own HOA permits this policy. Next, check your governing documents and by-laws to determine if there are already policies regarding dues delinquency and when an owner’s voting rights can be permitted.

The legal language in HOA governing documents can vary widely. For example, according to some condo associations, all homeowners are subject to the same rules, which means no voting rights. On the other hand, some HOAs may define that an owner always has certain voting rights, like council elections. Still, you may be able to suspend lesser voting rights regarding community matters.

Can Suspending Voting Rights Effectively Resolve Delinquent Dues?

Finding a practical consequence for delinquent dues has always been a challenge for HOAs. The community can’t support many homeowners using the roads and amenities without paying into the infrastructure. Nevertheless, choosing the proper measures to achieve your goals is also imperative.

Considerations

  • If a homeowner never votes on anything, suspending their voting rights will not impact them in any way. Likewise, if the community votes on very little.
  • How can you fairly make exceptions for invested people experiencing financial hardship?
  • How can you protect against people who take advantage of safety net systems?
  • Never combine vote suspension and leveled fees  (not dues). This opens the door to corruption and the ability for the board to tax a homeowner out of being able to vote, then drive them from the community. If you revoke voting rights, this must only be for dues and not the total owed amount in fees.
  • You may revoke some – but not all – types of voting. Most HOAs take a few types of votes: meeting votes, election votes, special assessment votes, and so on. You may find selective vote limitations to be more effective – or permitted by your documents.
  • Prevent them from making changes, but don’t prevent them from self-advocation.

Other Potentially Effective Ways to Penalize Delinquent Dues

Suspending voting rights is a sticky proposition. Some homeowners won’t care, some will be devastated. This means it’s also worth considering a few alternatives or additional penalties that may drive homeowners to get right with their dues more effectively.

Denying Permit Approvals

  • Parking permits
  • Building permits

Refuse delinquent owners of any more permit approvals. No guest parking, and no home improvement projects. Guest parking is for people who are contributing to the neighborhood road and lot maintenance.

Denying Amenity Access

  • Pool access
  • Spa/Fitness room access
  • Clubhouse bookings
  • Sport court reservations

A first-time refusal to allow someone access to the pool due to their inability to maintain it can emphasize its importance. Consider denying non-paying homeowners something they will miss that their dues contribute to paying for if this type of solution is permitted in your state and governing documents. Your HOA gets to have sweet amenities because everyone pays in. Those who don’t, don’t. Also, this has a fair, lower impact on families experiencing financial hardship. However, they may need to use their voting rights to oppose special assessments they cannot pay or fight an oppressive fee structure.

When approaching the issue of HOA owners with delinquent dues, remember to create an adaptive and considerate system of response. Build a plan that equally accounts for the absent-minded, the scam artists, the family hardships, and the belligerent bullies. Whatever your solution, make it your central goal to resume regular dues for each property without causing or being subject to unnecessary loss.

 

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Did you know that CCTV trucks are vital tools for inspecting the condition of underground pipes?

Did you know that CCTV trucks are vital tools for inspecting the condition of underground pipes?

Did you know that CCTV trucks are vital tools for inspecting the condition of underground pipes?
Equipped with high-resolution cameras mounted on crawlers, these trucks can navigate through pipelines, capturing video footage of the interior. This allows inspectors to identify problems like cracks, blockages, corrosion, or misalignment, all without having to dig up the pipes.
This non-destructive method of pipe verification is crucial for preventative maintenance, ensuring the quality of pipelines and helping to diagnose issues before they cause serious problems.
It also helps with making sure the pipes are clear so they dont block up or prevent drainage of your properties parking lots and Loading Docks.  Setting up a plan for cleaning and Maintenance is important, especially with the Florida Storms. 
Call us at (954) 210-4100
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STORM DAMAGE CLAIMS FOR YOUR CONDO AND HOA PROPERTIES!

STORM DAMAGE CLAIMS FOR YOUR CONDO AND HOA PROPERTIES!

SFPMA & Members are ready to Handle Storm Damage & Claims for Condo and HOA Properties!

These Trusted Members are; Legal Firms, Public Adjusters, Roofing, Engineering & Service Companies that work with you on Solutions to Storm Related Damage.

 

Has your Home, Condo or HOA Sustained Property Damage?

 SFPMA has a team of Legal Experts, adjusters, estimators and claim specialists for the benefit of the Condo and HOA’s who sustained damage from the storms and fire, water or mold.

With the know-how and experience to analyze, evaluate, and negotiate the best settlement for your  Insurance Claim!

“Get the maximum settlement for your damage claim!”

 

PROPERTY DAMAGE

  • Hurricane Storm Damage
  • Water Damage / Floods
  • Fire Damage
  • Mold Damage
  • Roof Damage and Leaks
  • Sinkholes & Earthquakes
  • Property Vandalism and Theft

 

WHAT WE PROVIDE CONDO & HOA’S

  • Property Inspections & Site Analysis
  • Review of your Insurance Policy
  • Damage Report Backing up the Claim
  • Loss Estimates Documentation
  • Negotiation and Settlement with Insurance Companies

 

A Claim usually includes inspections, detailed estimates, more inspections, client reviews, negotiating with insurance companies, consulting with insurance company and most importantly, getting you your money as fast as possible.

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