New HOA Laws in Florida 2025: What Boards Must Know

Florida HOA law changed significantly between 2022 and 2025. Three years of legislative activity produced new obligations for HOA boards, new rights for homeowners, criminal liability provisions that did not previously exist, and mandatory reserve funding requirements for condominiums that fundamentally changed how those associations must budget. For Florida boards that have not reviewed their practices against the current statutes, the gap between what the law now requires and what the board is doing may be substantial.

This guide covers the key changes in plain language. It is not legal advice—Florida HOA law is detailed, and your specific obligations depend on your community type, size, and governing documents. Consult your HOA attorney for guidance specific to your community.

Florida HB 1021 (2023): The HOA Reform Act

House Bill 1021 was signed into law effective July 1, 2023 and amended Chapter 720 of the Florida Statutes governing homeowners associations. It was one of the most significant expansions of HOA regulation in Florida’s history and responded directly to documented patterns of abuse in self-managed communities.

Website and Document Posting Requirements

HOAs with 100 or more parcel owners are required to maintain a website and post specific documents to it. The website must be accessible to parcel owners via a password-protected portal or a publicly accessible page. Required postings include:

• The current version of the declaration of covenants, bylaws, and rules
• Meeting agendas, distributed at the same time they are sent to homeowners
• Approved meeting minutes, posted within 7 days of approval
• Notices of homeowner meetings, including the annual meeting
• The annual budget

HOAs that do not maintain a required website are in violation of Florida Statute § 720.303. For self-managed communities still operating without a management platform that includes a website and document hosting, this is a compliance gap.

Financial Reporting Requirements

HB 1021 expanded financial transparency obligations. HOAs must provide homeowners with a copy of the annual financial report (compiled, reviewed, or audited financial statements depending on the association’s total annual revenues) within the statutory deadline. The law specifies report types based on revenue thresholds.

Importantly, HB 1021 restricted the use of reserve funds. Boards may not use reserve funds for purposes other than the reserves’ designated purposes without a vote of the homeowners. This is not a new concept in HOA law generally, but the 2023 legislation made enforcement clearer and penalties for violations more explicit.

Board Member Restrictions and Certification

HB 1021 introduced new restrictions on board member conduct. Board members must complete an educational course covering their legal duties and the requirements of governing documents within 90 days of election or appointment. They must certify completion to the association.

The legislation also strengthened conflict of interest provisions. Board members with a financial interest in a vendor or contract the board is considering must disclose that interest and recuse themselves from the vote. Failure to disclose is a violation.

Criminal Penalties for Board Misconduct

HB 1021 created criminal liability for certain board member actions that were previously only civil violations. A board member who:

• Knowingly accepts a kickback or other undisclosed compensation from a vendor
• Embezzles or misappropriates HOA funds
• Falsifies or destroys official HOA financial records

…may face criminal charges under Florida law. These provisions apply to board members of HOAs, not just paid management company employees. Volunteer board members who engage in these practices face criminal prosecution, not merely civil liability.

Enhanced Homeowner Rights

HB 1021 expanded homeowner rights in several areas:

Right to speak at board meetings. Homeowners have a right to speak at open portions of board meetings on any agenda item. Boards cannot restrict this right through informal policy.

Right to contest violations. The legislation strengthened procedural requirements for HOA violation enforcement, including the homeowner’s right to a hearing before fines can be levied.

Right to run for the board. HB 1021 placed restrictions on the board’s ability to disqualify candidates for board elections, reinforcing homeowners’ rights to self-governance through elections.

Right to access official records. The statute specifies which records homeowners may inspect and the timeline within which the HOA must make records available. Failing to provide requested records within the statutory period is a violation.

Florida SB 154 (2022): Condo Building Safety and Reserve Requirements

Senate Bill 154 was passed in direct response to the 2021 collapse of the Champlain Towers South in Surfside, Florida, which killed 98 people. The legislation targets condominium buildings three stories or taller and fundamentally changed reserve funding requirements for Florida condos.

Milestone Inspections

SB 154 requires milestone inspections for buildings that are three stories or taller. The first milestone inspection is required when the building reaches 30 years of age (or 25 years for buildings within 3 miles of the coastline). The inspection evaluates the structural integrity of the building and common areas.

Subsequent milestone inspections are required every 10 years. Associations that receive a report indicating significant structural deterioration must complete remediation or face restrictions on unit occupancy.

Structural Integrity Reserve Study (SIRS)

SB 154 requires condominium associations subject to the milestone inspection requirements to obtain a Structural Integrity Reserve Study. The SIRS is a reserve study specifically focused on eight structural components defined in the statute:

• Building foundation
• Load-bearing walls and primary structural members
• Floor and roof systems
• Window and exterior door systems
• Plumbing
• Electrical
• Fire protection systems
• Building envelope (roof, facade, balconies)

The SIRS must be conducted by a licensed engineer or architect and must be updated at least every 10 years.

Mandatory Reserve Funding—The End of Waiver Votes

Before SB 154, Florida condo associations could vote to waive reserve contributions entirely. This was a common practice that allowed communities to keep assessments artificially low while deferring maintenance obligations that were accumulating in the background.

SB 154 eliminated this option for structural components. Beginning December 31, 2024, condo associations subject to SIRS requirements must fund reserves at the levels the SIRS recommends. The waiver vote option no longer applies to the components identified in the SIRS.

For condo associations that had been waiving reserves for years, this change requires a significant increase in assessments to begin meeting funding obligations. Associations that are substantially underfunded face not only increased assessments but potential special assessments to catch up.

Condominium Boards Facing These Changes

Condo boards in Florida that have not yet completed the required SIRS are in violation of the statute if the deadline has passed for their building’s age. Boards should consult their HOA attorney about their specific compliance obligations and timeline.

For reserve funding, condo associations that have been waiving contributions need to immediately:

1. Obtain or update the SIRS if not already done
2. Calculate the annual contribution required to fund reserves at the levels the SIRS recommends
3. Adopt a budget that includes those contributions
4. Stop any vote to waive reserve contributions for structural components

What Florida Boards Should Do Now

Compliance with Florida’s 2023 and 2024 legislative changes is not optional. Boards that ignore these requirements face fines, homeowner enforcement actions, and in the case of board misconduct provisions, criminal liability.

Immediate steps for Florida HOA boards:

• Verify whether your community meets the size thresholds for website requirements (100+ units) and ensure the required documents are posted
• Confirm board members have completed or are enrolled in the required education course
• Review conflict of interest policies and ensure board members are disclosing and recusing on vendor decisions
• Audit reserve fund policies and confirm reserves are being used only for their designated purposes
• For condos: confirm SIRS status and verify that the 2025 budget includes mandatory reserve contributions

The legislative trend in Florida is toward more transparency, more homeowner rights, and stronger enforcement tools. Boards that build governance practices aligned with the current statute are better positioned as requirements continue to evolve.

DEFINITION

HB 1021 (2023)

Florida House Bill 1021, effective July 1, 2023, which amended Chapter 720 of the Florida Statutes to expand HOA transparency, restrict board authority, strengthen homeowner rights, and impose new financial reporting and board member certification requirements.

DEFINITION

SB 154 (2022)

Florida Senate Bill 154, the Condominium Building Safety Act passed in response to the 2021 Surfside collapse. Requires milestone inspections for buildings three stories and taller, structural integrity reserve studies, and mandatory full reserve funding beginning December 31, 2024.

DEFINITION

Structural Integrity Reserve Study (SIRS)

A reserve study required by Florida SB 154 for condominium buildings three stories or taller that identifies and estimates replacement costs for the eight structural components specified in the statute, including the building foundation, exterior walls, roof covering, fire protection systems, and plumbing.