What Rights Do Florida Condo Unit Owners Have That They Might Not Know About?

When you buy a condo in Florida, you’re not just getting a home but also stepping into a shared ownership structure governed by state law. Florida’s Condominium Act (Chapter 718) outlines specific rights and protections for unit owners, many of which are often overlooked or misunderstood.

Whether you’re a new buyer or a long-time owner, this guide will help you understand the lesser-known rights you hold under Florida Statutes Chapter 718.

1. The Right to Access Official Records (§718.111(12))

As a unit owner, you have the right to inspect or copy nearly all official association records, including:

• Financial documents and budgets

• Contracts and bids

• Meeting minutes

• Insurance policies

• Unit owner rosters (excluding email/phone unless opted in)

The association must provide access within 10 business days of a written request, or it will face a fine of $50/day, up to $500 per violation.

Tip: Put requests in writing and keep a copy for your records.

2. The Right to Vote and Participate in Elections (§718.112)

Every unit owner is automatically an association member and has voting rights. You have the right to:

• Vote in annual meetings and elections

• Run for the board (if not delinquent or convicted of certain felonies)

• Vote on amendments to the Declaration or Bylaws

• Attend and speak at board meetings (on agenda items)

Important: You can’t be denied voting rights unless you’re more than 90 days delinquent on assessments.

3. The Right to Notice and Transparency

Unit owners must receive advance written notice for:

• Board meetings: 48 hours minimum

• Annual meetings and budget meetings: 14 days minimum

• Assessment increases: Proper notice with proposed budget

All meetings must be open to unit owners, with rare exceptions (e.g., legal strategy sessions).

4. The Right to Request a Special Meeting

Under §718.112(2)(c), a group of owners representing at least 10% of the voting interests can petition for a special membership meeting. This can be used to:

• Challenge board actions

• Request removal of directors (recall)

• Propose amendments

The board must respond within 30 days of the request.

5. The Right to Recall Board Members (§718.112(2)(j))

Unit owners can recall one or more board members without cause by written agreement or vote.

Key requirements:

• Must represent a majority of voting interests

• The board must hold a meeting within 5 business days

• If the board refuses, owners may file with the Division of Condominiums

This is a powerful tool for communities unhappy with leadership.

6. The Right to Be Free From Retaliation (§718.1224)

Florida law prohibits the association from retaliating against unit owners who:

• Complain to government agencies

• Exercise their rights (e.g., requesting records or running for the board)

Retaliation can include:

• Fining or threatening with fines

• Denying services

• Increasing assessments selectively

Violations can result in legal consequences for the association.

7. The Right to Alternative Dispute Resolution (ADR) (§718.1255)

Rather than going straight to court, many condo disputes—especially those about records, elections, or rules—must go through mandatory arbitration or mediation with the DBPR.

This:

• Saves time and money

• Often resolves issues without litigation

• Is required before filing most lawsuits involving association governance

8. The Right to Challenge Material Alterations

Under §718.113(2)(a), any material alteration to the common elements (e.g., changing paint color, removing amenities) typically requires:

• Approval by a majority of voting interests (unless otherwise stated in the declaration)

If your board makes significant changes without a vote, you can challenge it.

9. The Right to Fair Use of Common Elements

Every unit owner has the right to use and enjoy common elements. The association cannot:

• Deny access to amenities (unless disciplinary action follows due process)

• Favor specific units or owners

• Assign common areas permanently without a vote

10. The Right to Information When Buying

Buyers in resale condos have the right to receive a disclosure summary, including:

• Estimated budget

• Rules and restrictions

• FAQs

• Lawsuits or special assessments

Failure to provide these disclosures gives the buyer the right to cancel the contract within 3 days of receiving the documents.

Final Thoughts

Florida condo owners have more rights than many realize, especially regarding access, participation, transparency, and fairness. But rights mean little unless you exercise them.

Stay involved, stay informed, and don’t hesitate to:

• Attend meetings

• Ask questions

• Submit formal requests

• Vote in elections

• Run for the board if necessary

Being a condo owner doesn’t mean giving up control—it means joining a community where your voice can shape the outcome.