Florida statute reference · F.S. § 718.112
§ 718.112 - Bylaws: Board Meetings, Elections & Reserves
Section 718.112 is the operational heart of the Florida Condominium Act. It governs how boards meet, how elections run, how budgets are adopted, and - after SB 4-D - what reserve funding is mandatory and non-waivable. If you manage or serve on a Florida condo board, this is the section you live in.
Reviewed by the Common Elements editorial team, which includes a Florida-licensed community association manager (LCAM) and insurance broker - Florida Licensed Community Association Manager, 2-20 & 6-20.
What boards need to know
Section 718.112 has four operational clusters that every Florida condo board deals with regularly: meeting notice requirements, the annual election process, budget adoption, and reserve funding. Get any of these wrong and you're exposed to challenges from unit owners - or worse, DBPR scrutiny.
The meeting notice rule is simple: post notice of any board meeting at least 48 continuous hours in advance in a conspicuous location within the property. Email is not sufficient on its own unless owners have consented to electronic notice in writing. Most boards post on the bulletin board at the mailboxes or clubhouse. The 48-hour clock runs until the meeting starts - meaning a meeting at 6 PM on Tuesday requires posting by 6 PM on Sunday.
Elections are more complex. The 60-day-first-notice / 40-day candidate-intent / 14-day-second-notice sequence is a trap for boards that try to run elections on a compressed timeline. Build backward from the annual meeting date and calendar all three deadlines. Missing any one of them invalidates the election.
Reserve funding after SB 4-D is the area where most boards need new guidance. The statute now distinguishes between SIRS-scope reserves (mandatory, non-waivable) and non-SIRS reserves (still waivable by majority owner vote). If your building is three or more habitable stories, your SIRS reserve contributions are locked in at the amounts specified in your most recent SIRS - no vote can reduce them.
Key requirements
Board meetings: 48-hour notice
§ 718.112(2)(c)- Post notice at least 48 continuous hours before the meeting
- Notice must be in a conspicuous location within the property
- Meeting agenda must be included in the notice
- Applies to regular and special board meetings
Annual elections: three-notice sequence
§ 718.112(2)(d)- First notice at least 60 days before the annual meeting
- Candidate intent to run due within 40 days of first notice
- Second notice (with ballot) mailed at least 14 days before meeting
- Secret ballot required - no proxies for board elections
- Plurality wins; write-in candidates allowed on ballot
Budget adoption: 14-day mailing
§ 718.112(2)(e)- Proposed budget must be mailed or delivered at least 14 days before adoption
- Budget must include required reserves (including mandatory SIRS reserves)
- Owners can reject budget by majority written notice within 21 days
- If rejected, prior year budget continues until new budget adopted
Reserve funding: SIRS mandatory, non-structural waivable
§ 718.112(2)(g) - amended by SB 4-D (2022)- SIRS reserves for structural components: mandatory and non-waivable
- Non-SIRS reserves: still waivable by majority unit-owner vote
- SIRS required every 10 years for buildings of 3+ habitable stories
- Reserve amounts set by most recent SIRS - board cannot reduce them
- Initial SIRS deadline was December 31, 2024
Recent changes to § 718.112
- SB 4-D (2022)Added the SIRS mandate at § 718.112(2)(g) and eliminated the membership waiver right for SIRS-scope structural reserves. Also added the milestone inspection framework (§ 553.899).
- SB 154 (2023)Modified SIRS phase-in timelines, clarified the reserve study methodology requirements, and updated officer certification requirements. Addressed several ambiguities from SB 4-D.
- 2024 sessionAdditional technical clarifications to election procedures and electronic notice provisions.
Related tools
SIRS Reserve Study Planner
Model SB 4-D reserve contributions across funding methods and planning horizons.
Reserve Funding Calculator
Straight-line and pooled reserve funding projections.
Quorum Calculator
Minimum attendance for your HOA or condo meeting under Florida statute.
Special Assessment Calculator
Estimate per-unit allocation for a special assessment.
Common questions about § 718.112
- How much notice is required for a Florida condo board meeting?
- Under F.S. § 718.112(2)(c), the board must post notice of a regular board meeting at least 48 continuous hours before the meeting in a conspicuous place within the condominium property. The 48-hour rule applies to regular and special board meetings. Annual meetings of the membership require at least 14 days' mailed or delivered notice.
- What is the election procedure for a Florida condo board under § 718.112?
- The election process has strict timing requirements. At least 60 days before the annual meeting, the association must mail a first notice of the election date to all unit owners. Candidates must submit their intent to run within 40 days of the first notice. A second notice (with ballots) is mailed at least 14 days before the meeting. Elections are conducted by secret ballot - no proxies allowed for board elections. A plurality of ballots cast elects board members.
- Can Florida condo unit owners waive reserve funding?
- Only for non-SIRS reserves. SB 4-D (2022) amended § 718.112(2)(g) to make reserve contributions for SIRS-scope structural components mandatory and non-waivable. SIRS-scope items include: roof, load-bearing walls, floor, foundation, fireproofing and fire-protection systems, plumbing, electrical systems, waterproofing and exterior painting, and windows. Reserves for non-structural items (elevators, pools, paving) can still be waived by a majority vote of unit owners at the annual meeting.
- What is the process for adopting the annual budget under § 718.112?
- The board must mail or deliver the proposed annual budget to all unit owners at least 14 days before the budget adoption meeting. The budget must include required reserve contributions (including SIRS reserves for applicable buildings). If unit owners representing at least a majority of the units reject the proposed budget (by written notice within 21 days of the meeting), the association continues operating under the prior year's budget until a new budget is adopted.
- What is a SIRS and when is it required under § 718.112?
- A Structural Integrity Reserve Study (SIRS) is a specialized reserve study required under § 718.112(2)(g) for residential condominium associations of three or more habitable stories. It must be performed every ten years by a licensed engineer or architect and covers specific structural components. The initial SIRS was required to be completed by December 31, 2024. The reserve amounts specified in the SIRS must be funded - no member waiver allowed for structural components.
- Can a condo board hold an emergency meeting without 48 hours notice?
- Florida law does not expressly prohibit emergency meetings with less than 48 hours notice when circumstances require immediate action to protect the property or residents. However, the board should document the emergency circumstances, and any business conducted must be limited to the emergency at hand. The safe practice is always to provide 48 hours notice when possible and to ratify emergency actions at the next properly noticed meeting.
Key statutory text
Selected subsections most frequently cited by boards and managers. Full text available at Florida Legislature Online.
§ 718.112(2)(c) - Board meeting notice
“Meetings of the board of administration at which a quorum of the members is present are open to all unit owners. Notice of such meeting shall be posted conspicuously on the condominium property at least 48 continuous hours before the meeting except in an emergency.”
§ 718.112(2)(g) - Reserve funding (post-SB 4-D)
“A residential condominium association may not permit unit owners to vote to forego, waive, or reduce the level of reserves for any item required by the structural integrity reserve study required by this paragraph for condominiums subject to the structural integrity reserve study requirement.”
Run your Florida condo board on Common Elements
Track meeting notices, manage reserve schedules, coordinate with your management company, and stay current on statute requirements - all in one workspace. Free to start.
This is not legal advice. Consult association counsel for your specific situation.