Condominium Associations

Florida Senate
-
2026

SB 638

By
Senator Trumbull

2-00588-26 2026638__
1 A bill to be entitled
2 An act relating to condominium associations; amending
3 s. 718.111, F.S.; requiring condominium associations
4 to maintain turnover certificates and annual reports
5 as part of their official records; amending s.
6 718.124, F.S.; providing applicability and
7 construction; amending s. 718.301, F.S.; requiring the
8 board of administration of a condominium association
9 to file with the Division of Condominiums, Timeshares,
10 and Mobile Homes a turnover certificate within a
11 specified timeframe; requiring that a turnover
12 certificate include certain information; requiring the
13 division to maintain a publicly accessible online
14 database of turnover certificates, which must include
15 specified information; amending s. 718.501, F.S.;
16 requiring the division to create and maintain a
17 searchable electronic database of turnover
18 certificates; requiring the division to adopt rules;
19 providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Paragraph (a) of subsection (12) of section
24 718.111, Florida Statutes, is amended to read:
25 718.111 The association.—
26 (12) OFFICIAL RECORDS.—
27 (a) From the inception of the association, the association
28 shall maintain each of the following items, if applicable, which
29 constitutes the official records of the association:
30 1. A copy of the plans, permits, warranties, and other
31 items provided by the developer under s. 718.301(4).
32 2. A copy of the recorded declaration of condominium of
33 each condominium operated by the association and each amendment
34 to each declaration.
35 3. A copy of the recorded bylaws of the association and
36 each amendment to the bylaws.
37 4. A certified copy of the articles of incorporation of the
38 association, or other documents creating the association, and
39 each amendment thereto.
40 5. A copy of the current rules of the association.
41 6. A book or books or electronic records that contain the
42 minutes of all meetings of the association, the board of
43 administration, any committee, and the unit owners, and a
44 recording of all such meetings that are conducted by video
45 conference. If there are approved minutes for a meeting held by
46 video conference, recordings of meetings that are conducted by
47 video conference must be maintained for at least 1 year after
48 the date the video recording is posted as required under
49 paragraph (g).
50 7. A current roster of all unit owners and their mailing
51 addresses, unit identifications, voting certifications, and, if
52 known, telephone numbers. The association shall also maintain
53 the e-mail addresses and facsimile numbers of unit owners
54 consenting to receive notice by electronic transmission. In
55 accordance with sub-subparagraph (c)5.e., the e-mail addresses
56 and facsimile numbers are only accessible to unit owners if
57 consent to receive notice by electronic transmission is
58 provided, or if the unit owner has expressly indicated that such
59 personal information can be shared with other unit owners and
60 the unit owner has not provided the association with a request
61 to opt out of such dissemination with other unit owners. An
62 association must ensure that the e-mail addresses and facsimile
63 numbers are only used for the business operation of the
64 association and may not be sold or shared with outside third
65 parties. If such personal information is included in documents
66 that are released to third parties, other than unit owners, the
67 association must redact such personal information before the
68 document is disseminated. However, the association is not liable
69 for an inadvertent disclosure of the e-mail address or facsimile
70 number for receiving electronic transmission of notices unless
71 such disclosure was made with a knowing or intentional disregard
72 of the protected nature of such information.
73 8. All current insurance policies of the association and
74 condominiums operated by the association.
75 9. A current copy of any management agreement, lease, or
76 other contract to which the association is a party or under
77 which the association or the unit owners have an obligation or
78 responsibility.
79 10. Bills of sale or transfer for all property owned by the
80 association.
81 11. Accounting records for the association and separate
82 accounting records for each condominium that the association
83 operates. Any person who knowingly or intentionally defaces or
84 destroys such records, or who knowingly or intentionally fails
85 to create or maintain such records, with the intent of causing
86 harm to the association or one or more of its members, is
87 personally subject to a civil penalty pursuant to s.
88 718.501(1)(e). The accounting records must include, but are not
89 limited to:
90 a. Accurate, itemized, and detailed records of all receipts
91 and expenditures, including all bank statements and ledgers.
92 b. All invoices, transaction receipts, or deposit slips
93 that substantiate any receipt or expenditure of funds by the
94 association.
95 c. A current account and a monthly, bimonthly, or quarterly
96 statement of the account for each unit designating the name of
97 the unit owner, the due date and amount of each assessment, the
98 amount paid on the account, and the balance due.
99 d. All audits, reviews, accounting statements, structural
100 integrity reserve studies, and financial reports of the
101 association or condominium. Structural integrity reserve studies
102 must be maintained for at least 15 years after the study is
103 completed.
104 e. All contracts for work to be performed. Bids for work to
105 be performed are also considered official records and must be
106 maintained by the association for at least 1 year after receipt
107 of the bid.
108 12. Ballots, sign-in sheets, voting proxies, and all other
109 papers and electronic records relating to voting by unit owners,
110 which must be maintained for 1 year from the date of the
111 election, vote, or meeting to which the document relates,
112 notwithstanding paragraph (b).
113 13. All rental records if the association is acting as
114 agent for the rental of condominium units.
115 14. A copy of the current question and answer sheet as
116 described in s. 718.504.
117 15. A copy of the inspection reports described in ss.
118 553.899 and 718.301(4)(p) and any other inspection report
119 relating to a structural or life safety inspection of
120 condominium property. Such record must be maintained by the
121 association for 15 years after receipt of the report.
122 16. Bids for materials, equipment, or services.
123 17. All affirmative acknowledgments made pursuant to s.
124 718.121(4)(c).
125 18. A copy of all building permits.
126 19. A copy of all satisfactorily completed board member
127 educational certificates.
128 20. A copy of all affidavits required by this chapter.
129
21.

A copy of the association’s turnover certificate.

130
22.

A copy of the association’s annual report required

131
under s. 617.1622.

132
23.
21.
All other written records of the association not
133 specifically included in the foregoing which are related to the
134 operation of the association.
135 Section 2. Section 718.124, Florida Statutes, is amended to
136 read:
137 718.124 Limitation on actions by association.—
138
(1)
The statute of limitations and statute of repose for
139 any actions in law or equity which a condominium association
or

140
a cooperative association
may have
do

shall
not begin to run
141 until the unit owners have elected a majority of the members of
142 the board of administration.
143
(2)

The tolling of any applicable statute of limitations

144
and statute of repose under subsection (1) does not apply to

145
actions that are subject to s. 95.11(3)(b). Actions that are

146
subject to s. 95.11(3)(b) must be commenced within the time

147
periods prescribed in s. 95.11(3)(b), and subsection (1) may not

148
be construed to extend, suspend, or otherwise toll such

149
limitation periods.

150 Section 3. Subsection (2) of section 718.301, Florida
151 Statutes, is amended to read:
152 718.301 Transfer of association control; claims of defect
153 by association.—
154 (2)
(a)
Within 75 days after the unit owners other than the
155 developer are entitled to elect a member or members of the board
156 of administration of an association, the association shall call,
157 and give not less than 60 days’ notice of an election for the
158 members of the board of administration. The election shall
159 proceed as provided in s. 718.112(2)(d). The notice may be given
160 by any unit owner if the association fails to do so. Upon
161 election of the first unit owner other than the developer to the
162 board of administration, the developer shall forward to the
163 division the name and mailing address of the unit owner board
164 member.
165
(b)

Within 30 days after the election in which the unit

166
owners other than the developer elect a majority of the members

167
of the board of administration of an association, the board

168
shall file with the division a turnover certificate. The

169
turnover certificate must include the date of the election and

170
the names and mailing addresses of each elected unit owner board

171
member. The division shall maintain a publicly accessible online

172
database of turnover certificates which must include the name

173
and mailing address of each condominium, the date on which

174
turnover occurred, and a digital copy of the turnover

175
certificate.

176 Section 4. Subsection (4) is added to section 718.501,
177 Florida Statutes, to read:
178 718.501 Authority, responsibility, and duties of Division
179 of Florida Condominiums, Timeshares, and Mobile Homes.—
180
(4)

The division shall create and maintain a searchable

181
electronic database of each turnover certificate filed pursuant

182
to s. 718.301(2)(b). The database must include the name and

183
mailing address of each condominium association, the date on

184
which turnover occurred, and a digital copy of the turnover

185
certificate. The division shall adopt rules prescribing the form

186
and content of the turnover certificate and the procedures for

187
electronically filing a turnover certificate.

188 Section 5. This act shall take effect July 1, 2026.