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.
Key takeaway:
Florida condo owners have strong legal rights to transparency, participation, and fair treatment, including access to records, voting, notice of meetings, and protection from retaliation. Boards are legally required to follow strict procedures, and owners have clear remedies when they do not. These rights are only effective if you stay informed, document requests, and actively participate in association governance.
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.
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.
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).
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.
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.
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.
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
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.
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
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.