Florida Senate - 2026 SB 822 By Senator Gruters 22-00859-26 2026822__ Page 1 of 7 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to community association management; 2 amending ss. 718.111, 718.405, 719.106, and 720.303, 3 F.S.; requiring certain community associations to 4 contract with a community association management firm; 5 requiring the community association management firm to 6 possess all applicable licenses; providing that 7 association board members, officers, and directors 8 have a duty to ensure such community association 9 management firm or community association manager is 10 properly licensed; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14

Section 1. Paragraph (

g) of subsection (3) of

section 15 718.111, Florida Statutes, is amended to read: 16 718.111 The association.— 17

(3) POWER TO MANAGE CONDOMINIUM PROPERTY AND TO CONTRACT, 18 SUE, AND BE SUED; CONFLICT OF INTEREST.— 19 (

g) If an association contracts with a community 20 association manager or a community association management firm, 21 the community association manager or community association 22 management firm must possess all applicable licenses required by 23

part VIII of

chapter 468. An association with total annual 24 revenues of $500,000 or more must contract with a community 25 association management firm. Each board member or officer All 26 board members or officers of an association that contracts with 27 a community association manager or a community association 28 management firm has have a duty to ensure that the community 29

Florida Senate - 2026 SB 822 22-00859-26 2026822__ Page 2 of 7 CODING: Words stricken are deletions; words underlined are additions. association manager or community association management firm is 30 properly licensed before entering into a contract. 31

Section 2. Subsection (6) is added to

section 718.405, 32 Florida Statutes, to read: 33 718.405 Multicondominiums; multicondominium associations.— 34

(6) An association operating a multicondominium must 35 contract with a community association management firm. The 36 community association management firm must possess all 37 applicable licenses required by

part VIII of

chapter 468. Each 38 board member or officer of an association that contracts with a 39 community association manager or a community association 40 management firm has a duty to ensure that the community 41 association manager or community association management firm is 42 properly licensed before entering into a contract. 43

Section 3. Paragraph (

a) of subsection (1) of

section 44 719.106, Florida Statutes, is amended to read: 45 719.106 Bylaws; cooperative ownership.— 46

(1) MANDATORY PROVISIONS.—The bylaws or other cooperative 47 documents shall provide for the following, and if they do not, 48 they shall be deemed to include the following: 49 (

a) Administration.— 50 1. The form of administration of the association shall be 51 described, indicating the titles of the officers and board of 52 administration and specifying the powers, duties, manner of 53 selection and removal, and compensation, if any, of officers and 54 board members. In the absence of such a provision, the board of 55 administration shall be composed of five members, unless the 56 cooperative has five or fewer units. The board shall be composed 57 consist of not fewer than three members in cooperatives with 58

Florida Senate - 2026 SB 822 22-00859-26 2026822__ Page 3 of 7 CODING: Words stricken are deletions; words underlined are additions. five or fewer units that are not-for-profit corporations. In a 59 residential cooperative association of more than 10 units, co-60 owners of a unit may not serve as members of the board of 61 directors at the same time unless the co-owners own more than 62 one unit or unless there are not enough eligible candidates to 63 fill the vacancies on the board at the time of the vacancy.

In 64 the absence of provisions to the contrary, the board of 65 administration shall have a president, a secretary, and a 66 treasurer, who shall perform the duties of those offices 67 customarily performed by officers of corporations. Unless 68 prohibited in the bylaws, the board of administration may 69 appoint other officers and grant them those duties it deems 70 appropriate. Unless otherwise provided in the bylaws, the 71 officers shall serve without compensation and at the pleasure of 72 the board. Unless otherwise provided in the bylaws, the members 73 of the board shall serve without compensation. 74 2.

A person who has been suspended or removed by the 75 division under this chapter, or who is delinquent in the payment 76 of any monetary obligation due to the association, is not 77 eligible to be a candidate for board membership and may not be 78 listed on the ballot. A director or officer charged by 79 information or indictment with a felony theft or embezzlement 80 offense involving the association’s funds or property is 81 suspended from office.

The board shall fill the vacancy 82 according to general law until the end of the period of the 83 suspension or the end of the director’s term of office, 84 whichever occurs first. However, if the charges are resolved 85 without a finding of guilt or without acceptance of a plea of 86 guilty or nolo contendere, the director or officer shall be 87

Florida Senate - 2026 SB 822 22-00859-26 2026822__ Page 4 of 7 CODING: Words stricken are deletions; words underlined are additions. reinstated for any remainder of his or her term of office. A 88 member who has such criminal charges pending may not be 89 appointed or elected to a position as a director or officer.

A 90 person who has been convicted of any felony in this state or in 91 any United States District Court, or who has been convicted of 92 any offense in another jurisdiction which would be considered a 93 felony if committed in this state, is not eligible for board 94 membership unless such felon’s civil rights have been restored 95 for at least 5 years as of the date such person seeks election 96 to the board. The validity of an action by the board is not 97 affected if it is later determined that a board member is 98 ineligible for board membership due to having been convicted of 99 a felony. 100 3.

When a unit owner files a written inquiry by certified 101 mail with the board of administration, the board shall respond 102 in writing to the unit owner within 30 days of receipt of the 103 inquiry. The board’s response shall either give a substantive 104 response to the inquirer, notify the inquirer that a legal 105 opinion has been requested, or notify the inquirer that advice 106 has been requested from the division. If the board requests 107 advice from the division, the board shall, within 10 days of its 108 receipt of the advice, provide in writing a substantive response 109 to the inquirer.

If a legal opinion is requested, the board 110 shall, within 60 days after the receipt of the inquiry, provide 111 in writing a substantive response to the inquirer. The failure 112 to provide a substantive response to the inquirer as provided 113 herein precludes the board from recovering attorney’s fees and 114 costs in any subsequent litigation, administrative proceeding, 115 or arbitration arising out of the inquiry. The association may, 116

Florida Senate - 2026 SB 822 22-00859-26 2026822__ Page 5 of 7 CODING: Words stricken are deletions; words underlined are additions. through its board of administration, adopt reasonable rules and 117 regulations regarding the frequency and manner of responding to 118 the unit owners’ inquiries, one of which may be that the 119 association is obligated to respond to only one written inquiry 120 per unit in any given 30-day period. In such case, any 121 additional inquiry or inquiries must be responded to in the 122 subsequent 30-day period, or periods, as applicable. 123 4.

An association with total annual revenues of $500,000 or 124 more must contract with a community association management firm. 125 The community association management firm must possess all 126 applicable licenses required by

part VIII of

chapter 468. 127 5. Each board member or officer of an association that 128 contracts with a community association manager or a community 129 association management firm has a duty to ensure that the 130 community association manager or community association 131 management firm is properly licensed before entering into a 132 contract. 133

Section 4. Subsection (1) of

section 720.303, Florida 134 Statutes, is amended to read: 135 720.303 Association powers and duties; meetings of board; 136 official records; budgets; financial reporting; association 137 funds; recalls.— 138

(1) POWERS AND DUTIES.—An association that operates a 139 community as defined in s. 720.301 must be operated by an 140 association that is a Florida corporation. After October 1, 141 1995, the association must be incorporated and the initial 142 governing documents must be recorded in the official records of 143 the county in which the community is located. An association may 144 operate more than one community. An association with total 145

Florida Senate - 2026 SB 822 22-00859-26 2026822__ Page 6 of 7 CODING: Words stricken are deletions; words underlined are additions. annual revenues of $500,000 or more must contract with a 146 community association management firm. The community association 147 management firm must possess all applicable licenses required by 148

part VIII of

chapter 468. The officers and directors of an 149 association are subject to s. 617.0830 and have a fiduciary 150 relationship to the members who are served by the association. 151 Each officer and director of an association that contracts with 152 a community association manager or a community association 153 management firm has a duty to ensure that the community 154 association manager or community association management firm is 155 properly licensed before entering into a contract. The powers 156 and duties of an association include those set forth in this 157

chapter and, except as expressly limited or restricted in this 158 chapter, those set forth in the governing documents.

After 159 control of the association is obtained by members other than the 160 developer, the association may institute, maintain, settle, or 161 appeal actions or hearings in its name on behalf of all members 162 concerning matters of common interest to the members, including, 163 but not limited to, the common areas; roof or structural 164 components of a building, or other improvements for which the 165 association is responsible; mechanical, electrical, or plumbing 166 elements serving an improvement or building for which the 167 association is responsible; representations of the developer 168 pertaining to any existing or proposed commonly used facility; 169 and protest of ad valorem taxes on commonly used facilities.

The 170 association may defend actions in eminent domain or bring 171 inverse condemnation actions. Before commencing litigation 172 against any party in the name of the association involving 173 amounts in controversy in excess of $100,000, the association 174

Florida Senate - 2026 SB 822 22-00859-26 2026822__ Page 7 of 7 CODING: Words stricken are deletions; words underlined are additions. must obtain the affirmative approval of a majority of the voting 175 interests at a meeting of the membership at which a quorum has 176 been attained. This subsection does not limit any statutory or 177 common-law right of any individual member or class of members to 178 bring any action without participation by the association. A 179 member does not have authority to act for the association by 180 virtue of being a member.

An association may have more than one 181 class of members and may issue membership certificates. An 182 association of 15 or fewer parcel owners may enforce only the 183 requirements of those deed restrictions established prior to the 184 purchase of each parcel upon an affected parcel owner or owners. 185

Section 5. This act shall take effect January 1, 2027. 186