Florida Condo Laws 2026: What Changed

If you own a Florida condo, 2026 is the year the bill came due. After the Surfside collapse, the legislature closed a decades-old loophole that let associations keep dues artificially low by skipping reserve funding. The result is a sweeping change to how condos are inspected, how they save, and — for many owners — a painful special assessment.

Here’s what actually changed and what it means for your unit.

The two laws behind the change

Florida’s condo overhaul came in stages:

• SB 4-D (2022), refined by SB 154 (2023) created two mandates for condominium buildings three stories or higher: milestone structural inspections and Structural Integrity Reserve Studies (SIRS) — see how the two requirements differ if you’re not sure which one applies to you.
• HB 1021 (2024) layered on governance and transparency rules — including a requirement that associations with 25+ units post governing documents, budgets, and reserve studies to a website or app.

These apply to condominium associations under Chapter 718. Most single-family HOAs fall under Chapter 720 and are not directly subject to the SIRS and milestone rules. This guide focuses on the 2026 reserve, inspection, and assessment overhaul specifically — for the rest of what Chapter 718 covers day to day (board meetings, records requests, director term limits), see our Florida condo association law guide.

Milestone inspections

Condo and cooperative buildings three stories or taller must undergo a milestone inspection by a licensed engineer or architect once the building reaches a set age: 25 years for buildings within 3 miles of the coast and 30 years elsewhere, with recurring inspections every 10 years after that. A phase-one visual inspection can trigger a more detailed phase-two inspection if substantial deterioration is found — and any required repairs must then be made.

What a phase-one costs. $3,000 to $15,000 for a typical building. What a phase-two costs. Depends on the scope of destructive testing and engineering analysis — often multiples of the phase-one cost, and the required repair work usually dwarfs both.

Where to find your building’s inspection report. Milestone reports are recorded with the local building official under § 553.899 and are also required to be posted on the association’s website under HB 1021 (see below).

Phase-two failure and remediation timing. If phase-two identifies substantial structural distress, the association must begin repairs within a timeframe set by the local enforcement agency — commonly 365 days from the report, though schedules vary. Failure triggers unsafe-structure enforcement. For a more realistic picture of how long repairs actually take from a failed phase-two to finished work, see our milestone inspection guide — the 365-day figure is just when repairs have to start, not when they have to finish.

SIRS — what a passing study actually looks like

The number that matters isn’t whether a SIRS exists — it’s the percent funded figure the study produces. Industry benchmarks:

• 70%+ funded: strong; low risk of special assessment
• 30–70% funded: fair; expect measured dues increases
• Under 30% funded: weak; special assessments likely

Study cost. $10,000 to $50,000+ per building, depending on unit count, complexity, and destructive-testing scope. This first study only covers the initial cycle — updated SIRS reports are required every 10 years after that, so it’s worth settling who on the board or management team owns that follow-up deadline now, rather than discovering it’s unassigned when the next study comes due.

Assessment share. Each unit pays the SIRS share equal to its percentage of undivided interest in the common elements, as stated in the recorded declaration. For example, a $2 million assessment in a building where your unit holds a 2% undivided interest works out to a $40,000 bill for that unit. Find your exact percentage in the declaration, then run your building’s numbers through our reserve fund calculator.

The SIRS deadline — and what happens if you missed it

Buildings three stories or taller were required to complete a SIRS by December 31, 2025. The statute originally set that date at December 31, 2024; HB 913 (2025) extended it by a year. An association whose milestone inspection was due on or before December 31, 2026 may complete both together, but in no event later than December 31, 2026. Missing the applicable deadline exposes the association and individual directors to fines under § 718.112(2)(g), breach of fiduciary duty claims from owners, and — under 2024 reforms — potential personal liability for directors who knowingly failed to order the study. Owners who believe a board is simply refusing to act can file a DBPR complaint or seek a court order compelling the study.

HB 1021 website disclosure

Associations with 25 or more units must maintain a members-only website or app that posts governing documents, budgets, financial reports, meeting notices, contracts, and the SIRS and milestone reports. Under HB 1021 the compliance deadline has been rolling in through 2024–2025 — smaller associations (fewer than 25 units) are exempt, and management companies managing 25+ units at a single association must provide the platform. Posting meeting notices isn’t the same as opening the meeting itself. See our Florida condo association law guide for when a Chapter 718 board can meet privately.

Non-SIRS reserves — can the board still waive?

Yes. The waiver ban applies only to the structural components covered by a SIRS. Non-structural reserves (pool, paint, landscape equipment, etc.) can still be waived or partially funded by owner vote under the older Chapter 718 rules.

The end of reserve waivers

This is the big one. Historically, Florida condo owners could vote each year to waive or reduce reserve contributions. Many did, for decades, which kept monthly fees low but left buildings without the money to replace roofs, repipe, or repair concrete.

Under the current rules, for the structural components covered by a SIRS, associations in three-story-plus buildings can no longer vote to waive those reserves or divert them to other uses — a change that phased in with recent budget years as the SIRS requirement took effect (confirm the effective date that applies to your building). The reserves have to be funded — and where they were underfunded for years, that catch-up is steep.

There is now one carve-out. HB 913 (2025), effective July 1, 2025, lets a board pause or reduce reserve contributions for up to two consecutive annual budgets under § 718.112(2)(f)2.e. The conditions are tight: it applies only to budgets adopted on or before December 31, 2028, it takes the approval of a majority of the total voting interests, the association must have completed a milestone inspection within the previous two calendar years, and the money must fund the repairs that inspection recommended. The same bill raised the catch-all SIRS component threshold from $10,000 to $25,000 and pushed the initial SIRS deadline to December 31, 2025. The pause is narrower than it sounds, and it does not help with the separate federal mortgage standard — see our Florida condo reserve fund relief guide for who qualifies and what it costs you.

Why owners are seeing five- and six-figure assessments

When mandatory reserves, milestone inspections that surface deferred repairs, and a hard insurance market all hit at once, boards that hadn’t planned ahead have few options but to assess. Reported special assessments have ranged from a few thousand dollars to well over $100,000 per unit for major structural work. Even structurally sound buildings are seeing mid-year assessments driven purely by insurance premium spikes.

If your association is staring at an assessment, understand your rights: how the assessment was noticed and approved, whether the reserve study supports it, and what financing options exist. For the full breakdown, including whether owners can refuse to pay a special assessment, see our guide on Florida HOA special assessments. This is exactly the kind of situation where a licensed community-association attorney and a qualified reserve professional earn their fee — see what a community-association attorney typically costs before you call one.

Financing a five- or six-figure assessment

Check your own insurance first. Your HO-6 (owner’s condo unit) insurance policy may include loss assessment coverage, but that coverage generally does not apply to a SIRS-driven or reserve-shortfall special assessment. It typically only reimburses your share when the assessment traces back to a separate covered loss, such as storm or fire damage. Call your agent to confirm your policy’s language before counting on it to offset a SIRS bill.

Options range from cheapest to most expensive:

1. Association bank loan. Specialty community-association lenders (Alliance Alliance Association Bank, Popular Association Banking, National Cooperative Bank) underwrite loans of 10 to 15 years secured by the association’s future assessment stream. Owners pay through a modest monthly increase rather than a lump sum.
2. Individual owner financing. Home equity line, unsecured personal loan, or a refinance if equity supports it.
3. Vendor / contractor financing. Some restoration contractors offer milestone-billed payment terms tied to project phases.
4. Sale of common assets or, in the worst case, condo termination and sale of the property.

If a lump-sum payment isn’t realistic, ask the board about a negotiated payment plan or a hardship exemption before you miss a due date — many associations offer both instead of demanding payment all at once. Ignoring the assessment carries its own risk: unpaid balances can lead to a lien and, eventually, foreclosure on the unit.

State help: the My Safe Florida Condominium Pilot Program

Florida runs a state matching-grant program, the My Safe Florida Condominium Pilot Program, to help associations pay for structural inspections and repairs tied to milestone and SIRS findings. The state matches a share of approved project costs, but funding levels, eligibility rules, and application deadlines change from year to year. Check current program details and deadlines with the state before you count on this money to close a budget gap — it supplements a special assessment, it doesn’t replace one.

What if I can’t sell — non-warrantable status

Since 2022, Fannie Mae and Freddie Mac condo-project reviews flag buildings with significant deferred maintenance, missing reserves, or a missing milestone inspection or SIRS as non-warrantable. That knocks out conventional 30-year financing for buyers, which crushes sale prices. FHA and VA reviews impose similar restrictions. Non-warrantable status doesn’t mean the unit is unsellable. Cash buyers and portfolio lenders can still purchase, usually at a discount, so it narrows the buyer pool and softens the price rather than eliminating a sale entirely — see the loan routes that still work on a non-warrantable unit. For the fastest way to check your building’s actual status before you list or make an offer, see our Fannie Mae condo approval guide, which covers how to look up or request your building’s project review result directly.

Should you sell before an assessment is levied? If the assessment is already voted and recorded, it typically follows the unit and the buyer inherits the outstanding share — see does an assessment stay with the seller or buyer for how obligations transfer at closing. If it’s only rumored, Florida disclosure obligations may still apply.

Non-compliance can cost you your master insurance policy, too

A missing milestone inspection or SIRS can jeopardize more than financing. Insurance carriers are increasingly asking for proof of milestone and SIRS compliance before they’ll bind or renew a condo association’s master policy. An association that can’t produce current inspection and reserve-study records risks a non-renewal, or a policy written with reduced coverage, on top of the mortgage problems non-compliance already causes.

Are SIRS assessments tax-deductible?

Generally no — an assessment for capital improvements or reserve funding is treated as an increase in the unit’s cost basis, not a current-year deduction. See our are HOA fees tax deductible guide for the exceptions (rental units, home-office use).

Are 55+ condos exempt from SIRS?

No. Every Florida condominium building three stories or taller with residential units is subject to SIRS and milestone inspections, regardless of age restriction or resident demographic.

What to do now as an owner or board member

1. Get the documents. Ask for the milestone inspection report, the SIRS, and the current reserve study. Under HB 1021 many associations must now post these, and buyers can and should request the full SIRS report before closing too.
2. Run your own numbers. Use our reserve fund calculator to sanity-check how funded your community is.
3. Understand the assessment. Confirm it was properly noticed and approved, and that it’s tied to documented needs.
4. Get professional help early. A structural reserve study and legal review are cheaper than a bad assessment fight — and the board should get multiple bids from licensed Florida professionals before hiring either firm.
5. If you’re newly elected, get certified. Florida requires new condo and HOA directors to certify within 90 days of taking office — see our board member certification requirements guide for the deadline and course options.

Florida is the leading edge, but it isn’t alone — several states are tightening reserve and inspection rules. If you own a condo anywhere, treat 2026 as the year reserves stopped being optional.