Florida statute reference · F.S. § 718.113
§ 718.113 - Maintenance, Material Alterations & Hurricane Protection
Section 718.113 is where most owner-versus-association disputes actually live. Who has to fix the leaky window? Who pays when the balcony slab spalls? Can the board repaint the building a different color? Can they add a dog park? Almost every recurring board controversy in a Florida condo traces back to this section and to the way the declaration allocates responsibility.
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
The maintenance rule in § 718.113(1) is short and seemingly simple: the association maintains the common elements. In practice, the declaration of condominium does most of the work, and declarations vary enormously. Some assign window and door maintenance to the unit owner; others put it on the association. Some treat balconies as wholly association-maintained; others split structural and cosmetic responsibility. The statute is the default - the declaration controls when it speaks.
The single most important board action under this section is the material alterations vote. § 718.113(2) sets the default threshold at 75% of the total voting interests for any material change to the use, appearance, or function of the common elements. That bar is intentionally high. Repainting in the same palette is maintenance; repainting in a new color scheme is a material alteration. Replacing a roof in kind is maintenance; converting the flat roof to a deck is a material alteration. When in doubt, get counsel's opinion before committing association funds - an unauthorized material alteration is reversible at the association's cost.
Hurricane protection sits in § 718.113(5). The board has significant authority here - it can install hurricane shutters and impervious glass on the common elements without an owner vote and can require them as part of the building's protection system. The board can also set specifications for shutters owners install themselves on limited common elements. What the board cannot do is prohibit installation of approved hurricane protection.
Flag display rights are codified at § 718.113(4) - one US flag year-round, plus military service flags on designated holidays. No declaration or rule can override this right. Owners can also display a religious-symbol decoration on their door frame (the “mezuzah rule”) under § 718.113(6).
Key requirements
Maintenance responsibility allocation
§ 718.113(1)- Association maintains common elements (statutory default)
- Declaration governs the specific allocation
- Limited common elements often split: structure to association, surface to owner
- Owner responsible for unit interior unless declaration shifts it
- Document the allocation in a board-adopted maintenance matrix
Material alterations: 75% vote
§ 718.113(2)- Default threshold is 75% of total voting interests
- Declaration may set a different threshold (lower or higher)
- Material = materially changes use, appearance, or function
- Like-kind replacement is not a material alteration
- Unauthorized alterations can be reversed at association cost
Flag and religious-symbol display rights
§ 718.113(4) & (6)- Year-round right to display one portable US flag
- Military service and POW-MIA flags on designated holidays
- Maximum size: 4.5 ft x 6 ft for military flags
- Religious symbol on door frame allowed (up to specific dimensions)
- No fine or sanction for exercising these rights
Hurricane shutters and impact protection
§ 718.113(5)- Board can install on common elements without owner vote
- Cost is a common expense (special assessment if needed)
- Board can adopt specifications for owner-installed shutters
- Board cannot prohibit approved hurricane protection
- Impact-rated windows and doors qualify as hurricane protection
Related tools
Common questions about § 718.113
- Who is responsible for maintenance in a Florida condominium?
- Under § 718.113(1), the association is responsible for maintaining the common elements. The declaration of condominium typically allocates responsibility between the association and unit owners for items like windows, doors, balconies, air handlers, and plumbing - and that allocation varies dramatically from one condo to another. A line that the association maintains in one building may be the unit owner's responsibility in the next building over. The declaration controls; the statute provides the default rule only where the declaration is silent.
- What is a material alteration under § 718.113 and how does it get approved?
- A material alteration is a change to the common elements that materially changes their use, appearance, or function - repainting in a new color scheme, adding a pickleball court, redesigning the lobby, installing a new pool deck pattern. § 718.113(2) requires approval by 75% of the total voting interests of the association before a material alteration can be made, unless the declaration specifies a different threshold (some declarations lower it to a simple majority; others raise it). Like-kind replacement is not a material alteration - replacing a leaking roof with the same type of roof does not trigger the vote.
- Can a Florida condo association require hurricane shutters?
- Yes. Under § 718.113(5), the board may install hurricane shutters and impervious glass on the common elements without a member vote, and may require their installation as part of the building's hurricane protection system. The cost is a common expense. The board may also adopt specifications for hurricane shutters installed by unit owners on limited common elements - but the board cannot prohibit a unit owner from installing approved hurricane shutters on their unit's exterior openings.
- Can a Florida condo prohibit the display of the US flag?
- No. § 718.113(4) gives unit owners the right to display one portable, removable US flag in a respectful manner regardless of any declaration or rule restriction. On designated holidays (Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day), unit owners may also display a portable, removable official flag (no larger than 4.5 ft x 6 ft) representing any branch of the US Armed Forces or the POW-MIA flag. The association cannot fine, sanction, or otherwise penalize an owner for exercising this right.
- Who maintains balconies in a Florida condo?
- It depends on the declaration. Most Florida condo declarations classify balconies as limited common elements - common elements reserved for the exclusive use of a specific unit. The statutory default under § 718.113(1) is that the association maintains all common elements including limited common elements, unless the declaration shifts maintenance to the unit owner. Many declarations split the responsibility: structural elements (slab, railings) belong to the association, while waterproof coatings, tile, and screen enclosures belong to the owner. Read the declaration carefully - and document the allocation in writing for owners.
Key statutory text
§ 718.113(2)(a) - Material alterations
“Except as otherwise provided in this section, there shall be no material alteration or substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein. If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additions.”
Coordinate maintenance and alteration projects on Common Elements
Track maintenance allocations, run member votes for material alterations, manage hurricane-protection programs, and document board decisions - all in one workspace.
This is not legal advice. Consult association counsel for your specific situation.