Recent changes to Florida condominium law and proposed legislation affecting homeowners’ associations introduce new compliance requirements and potential legal risks for community associations. House Bill 913, which amended Chapter 718, is now in effect, and House Bill 657 proposes additional structural reforms that associations should monitor closely.
House Bill 913: Video Conference Meetings Under Chapter 718
Authorization of Video Conference Meetings
House Bill 913 took effect July 1, 2025, amending Chapter 718 to expressly authorize condominium associations to be conducted by video conference. The law applies to board, committee, and unit-owner meetings and imposes new procedural and recordkeeping agreements.
The statute introduces a new defined term, “video conference,” meaning a real-time audio and video meeting conducted through commonly used platforms. Board and committee members participating by video conference count toward a quorum and may vote as if physically present. Associations must require the use of a speaker so that in-person attendees can hear remote participants.
Notice and In-Person Attendance Requirements
If a board meeting is conducted by video conference, the meeting notice must state that a video conference will be used and must include a hyperlink and a conference telephone number for unit owners who wish to attend remotely.
Despite the expanded use of video conferencing, an in-person location is still required for all meetings, including those with a video conference component.
Recording and Recordkeeping Obligations
Meetings conducted by video conference must be recorded and maintained as official records of the association. Unit-owner meetings, including annual meetings, may also be conducted by video conference. If an annual meeting is held by video conference, a quorum of the board of directors must be physically present at the noticed location, and the meeting must be recorded.
Associations required to maintain a website or mobile application must post the video recording or a hyperlink to the recording for all association, board, committee, and unit-owner meetings conducted by video conference during the preceding twelve months, in addition to approved minutes.
Practical and Legal Concerns
These requirements have raised privacy and participation concerns for many associations. Unit owners may be reluctant to speak or appear on camera when recordings are preserved as official records and made accessible online. Associations also face the risk that video clips may be taken out of context and shared on social media, potentially fueling disputes or misinformation.
Although Chapter 718 permits closed meetings with legal counsel for proposed or pending litigation, the statute does not expressly exempt those meetings from the recording requirement if conducted by video conference. As written, such meetings appear to be subject to mandatory recording, which creates tension with the attorney-client privilege and prompts concern among boards and counsel. Many associations are reevaluating meeting formats, notice language, and technological controls to manage compliance and legal risk.
House Bill 657: Proposed Reforms to Florida Community Association Dispute Resolution
Creation of Community Association Court Program
House Bill 657 proposes significant changes to Florida’s community-association framework, including the creation of a community association court program within the circuit courts. The program would have jurisdiction over homeowners associations, condominiums, and cooperatives and would be authorized to conduct trials, enforce arbitration awards, compel compliance with statutes, appoint receivers, impose civil penalties, and award attorneys’ fees and costs.
The proposed program would operate under statewide administrative standards and include annual reporting requirements.
Mandatory Governing Document Language
The bill would require associations formed on or after July 1, 2026, to include a statutory statement in their governing documents. Existing associations would be required to hold a member meeting by January 1, 2027, to vote on adding the statement, which would require approval by a majority of voting interests at a duly noticed meeting.
This provision would effectively mandate the inclusion of “Kaufman language,” subjecting governing documents to statutory changes, as amended from time to time.”
Termination of Homeowners Associations
House Bill 657 also establishes a detailed, court-supervised process for terminating homeowners associations. The process includes minimum voting thresholds, trustee and recording requirements, judicial oversight through the community association court program, and penalties for noncompliance and directors.
If enacted, the legislation would take effect July 1, 2026.
Key Concerns for Associations
House Bill 657 raises concerns about contractual autonomy and dispute-resolution costs. Requiring associations to incorporate “Kaufman language” limits the ability to preserve governing documents against future statutory amendments. In addition, curtailing the pursuit of mediation, historically an efficient and cost-effective alternative to litigation, in favor of court-based resolution may increase costs and extend the time needed to resolve disputes.
Varnum’s Condominium and Homeowners Association attorneys continue to closely monitor these developments as the Florida Legislature enters the 2026 legislative season. For questions, contact your Varnum attorney.
