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Navigating the 2026 Landscape: How HB 913 Reshapes Florida Condominium Law
As we move further into the compliance cycle established by Florida's recent legislative sessions, condominium associations face a transformed regulatory environment. The legislation commonly discussed during the last session, finalized as House Bill 913 (HB 913), became effective on July 1, 2025, and continues to introduce significant operational deadlines and requirements throughout 2026. For Boards of Directors and property managers, understanding these nuances is no longer optional; it is a fiduciary necessity.
At Johnson Pope, our team of experienced condominium association attorneys understands that the shift from the old regulatory framework to this new era of transparency and structural integrity can be daunting. We are here to guide your association through these complexities. Whether you need a condo association lawyer to interpret voting thresholds or to review vendor contracts, our firm stands ready to assist.
What Is the New Deadline for the Structural Integrity Reserve Study (SIRS) in Florida?
One of the most critical questions facing boards in 2026 involves the timeline for the Structural Integrity Reserve Study (SIRS). While previous statutes created an initial sense of urgency, HB 913 provided a necessary adjustment. The deadline for completing the SIRS was extended from December 31, 2024, to December 31, 2025. This extension provided associations with additional time to engage qualified professionals, but it also means that by early 2026, non-compliant associations are at significant risk.1
The law clarifies that this requirement applies to condominium buildings that are three "habitable" stories or more in height. This distinction is vital. Previously, the law simply referred to "three stories," leading to confusion regarding buildings with ground-floor parking or non-residential levels. The new definition specifies that habitable stories include space for living, sleeping, eating, or cooking. This clarification may exempt certain structures, such as those with parking on the first floor and only two residential stories above, from the SIRS requirement.
However, determining applicability is a legal and technical assessment. If your association has not yet completed its SIRS or is unsure if your building configuration triggers the requirement, you need immediate legal counsel. A condo association attorney at Johnson Pope can help verify your building's status and ensure you are not exposing the association to liability for missed deadlines.
Don't guess on compliance. Contact Johnson Pope today to schedule a consultation with a condominium association lawyer who can review your building's status and SIRS obligations.
What Are the New Website and Transparency Requirements Taking Effect in 2026?
Digital transparency is a cornerstone of the new legislation. While larger associations have had website requirements for some time, the scope has expanded significantly. Effective January 1, 2026, the threshold for maintaining an official association website or owner portal drops to include condominium associations with 25 or more units. Previously, this applied only to associations with 150 or more units.2
This website or app must be accessible to unit owners and employees via a secure password. The expansion of documents that must be posted is substantial. Associations are now required to post approved meeting minutes and hyperlinks to video recordings of all meetings from the past 12 months. Furthermore, these records must be uploaded within 30 days of being created or received.
The secure portal must also house the recorded declaration, bylaws, articles of incorporation, rules, annual budgets, and financial reports. For many mid-sized associations, this requires a rapid technological upgrade and a rigorous administrative workflow to ensure documents are digitized and posted within the statutory 30-day window. Failure to comply can lead to penalties and owner disputes regarding access to records.3
If you need help complying with the new condominium laws, reach out to a condominium attorney at Johnson Pope to audit your current record-keeping practices and website capabilities.
Can Our Association Pause Reserve Funding to Pay for Milestone Inspection Repairs?
Financial flexibility was a major request from advocates following the initial strict reserve requirements of 2022. HB 913 introduced a mechanism that allows associations to temporarily pause or reduce reserve contributions, but only under specific circumstances.
If an association has completed a Milestone Inspection and that inspection identified necessary repairs, the association may pause the funding of its reserves for the purpose of using those funds to pay for the required repairs. This pause is limited to two consecutive budget years immediately following the Milestone Inspection.4
It is critical to note that this is not a unilateral decision by the Board. To enact this pause, the association requires a vote of the owners. Specifically, it requires the approval of a majority of the total voting interests of the association. This is a higher threshold than a simple majority of a quorum at a meeting. It requires 51% of all units to vote in favor.
Once the repairs are completed or the two-year period expires, the association must update its SIRS before resuming regular reserve funding. Navigating this "pause" requires precise legal guidance to ensure the vote is conducted properly and the funds are strictly allocated to the repairs identified in the Milestone Inspection.
If your board is considering pausing reserves to fund structural repairs, do not proceed without legal advice. Contact a condo association lawyer at Johnson Pope to draft the necessary voting proxies and meeting notices to ensure the process is legally watertight.
How Does HB 913 Change the Rules for Reserve Pooling and Funding Mechanisms?
Prior to this legislation, moving from "straight-line" reserves (where funds are restricted to specific components like "roof" or "painting") to "pooled" reserves (where funds are aggregated for use on any required item) typically required a membership vote. HB 913 has streamlined this process. Boards may now authorize the pooling of reserve accounts for SIRS components without a vote of the unit owners.5
This allows for greater cash flow flexibility, as funds can be deployed to the most immediate needs within the structural pool. However, the law stipulates that structural reserves can only be pooled with other structural items. You generally cannot pool the roof replacement funds with non-structural amenity reserves.
Additionally, the new law clarifies that associations may fund reserves through alternative financial instruments. Boards can utilize special assessments, loans, or lines of credit to meet reserve funding requirements. Like the reserve pause, utilizing a line of credit or loan to substitute for reserve funding requires the approval of a majority of the total voting interests. This provides a "bridge" for associations facing immediate cash crunches, but it comes with strict disclosure requirements in annual financial statements.
Financial structuring is complex and carries long-term liability. Let a condominium association lawyer at Johnson Pope review your funding strategy to ensure it aligns with the latest statutory permissions.
What Are the Conflict of Interest Rules for Professionals Conducting Inspections?
To prevent predatory practices where a vendor might recommend unnecessary work to secure a contract, HB 913 imposes strict conflict of interest rules. Any architect, engineer, or licensed contractor hired to perform a Structural Integrity Reserve Study (SIRS) or a Milestone Inspection must now disclose in writing if they also intend to bid on the repair work associated with their findings.6
If a professional fails to make this disclosure, the contract may be voidable, and the professional could face disciplinary action. This protects the association from biased reporting. Furthermore, these professionals generally cannot have an undisclosed financial interest in the vendor providing the repairs.7
For boards, this means your vetting process for vendors must be rigorous. You must ensure that the engagement letters and contracts with your engineers include the necessary statutory disclosures. A condo association attorney can draft addendums to professional service contracts to protect the association's interests.
Protect your community from conflicts of interest. Have a condominium lawyer and attorney from Johnson Pope review your SIRS and Milestone Inspection contracts before you sign.
How Does the Law Change the Monetary Threshold for Reserve Items?
For decades, the threshold for items requiring a segregated reserve account was $10,000. HB 913 modernized this figure to account for inflation, raising the limit to $25,000.
This implies that items costing less than $25,000 to replace may no longer legally mandate a reserve line item, although boards may still choose to reserve for them as a matter of prudent financial planning. This threshold is subject to annual adjustment for inflation by the Division of Condominiums, Timeshares, and Mobile Homes starting in 2026.
Boards should review their reserve schedules with their reserve analyst. Removing smaller items from the mandatory reserve list could free up operating cash or reduce assessment pressure, but this must be balanced against the risk of needing special assessments for those smaller items later.
Do We Need to Record Our Board Meetings and Post Them Online?
Yes, the requirements for meeting administration have evolved to embrace technology while mandating record-keeping. HB 913 explicitly permits board and unit owner meetings to be held via video conference (like Zoom or Teams). However, if a meeting is held via video conference, the association must record the meeting.
These recordings become official records and must be retained for at least one year. For associations with 25 or more units (effective Jan 1, 2026), these recordings (or hyperlinks to them) must be posted on the association's website within 30 days. This applies to both board meetings and unit owner meetings conducted virtually.
Furthermore, even if a meeting is held virtually, for an annual meeting, the law requires a quorum of the board to be physically present at a specific location to "host" the meeting, ensuring that owners who wish to attend in person have a place to go.
Video meeting compliance involves both technical setup and legal notice requirements. Contact a condo association lawyer at Johnson Pope to update your meeting notice templates and protocols.
What Are the New Insurance Appraisal Requirements?
Insurance costs remain a primary driver of budget increases in Florida. To ensure adequate coverage, HB 913 mandates that condominium associations must obtain an independent insurance appraisal to determine the replacement cost of the property at least once every 36 months.
The law clarifies that "adequate" property insurance must be based on this replacement cost, overriding any outdated language in a condominium's declaration that might suggest lower coverage standards. This ensures that in the event of a catastrophic loss, the association is not underinsured due to relying on historical valuations.
Why You Need a Condo Association Attorney Now More Than Ever
The impacts of HB 913 in 2026 are far-reaching, touching on finance, physical structure, digital operations, and insurance. The intent of the legislature is clear: safer buildings and more transparent governance. However, the burden of compliance falls squarely on volunteer boards.
The risks of non-compliance include breaches of fiduciary duty, inability to secure insurance (as carriers often require proof of compliance), and potential enforcement actions by local governments or the Department of Business and Professional Regulation.
At Johnson Pope, our "Moving Forward 2026" initiative focuses on laying a solid foundation for the future of your community. We build relationships from the ground up, ensuring that your association is not just reacting to new laws, but proactively managing them. Whether you are dealing with a complex SIRS funding vote, a website compliance audit, or a conflict of interest with a vendor, our team has the depth of knowledge to protect your interests.
Footnotes
1 Fla. H.B. 913 (2025).
2 Id.
3 Id.
4 2026 Budget Wake-Up Call: Navigating HB 913 & Beyond, Akam (last visited Jan. 22, 2026), https://www.youtube.com/watch?v=lW_CpYhFX80.
5 Id.
6 Fla. H.B. 913 (2025).
7 Id.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
