Florida statute reference · F.S. § 719.106
§ 719.106 - Cooperative Bylaws & Operations
Section 719.106 is to cooperatives what § 718.112 is to condominiums - the operational core of the statute. Board meeting notice (48 hours), annual meeting notice (14 days), budget adoption (14-day mailing), and the SIRS reserve mandate all live here. Co-op boards operate under rules that look similar to condo boards, but voting structures and ownership mechanics differ in ways that matter for governance.
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 co-op boards need to know
The cooperative governance framework borrows heavily from the condominium statute, but with critical differences. In a co-op, the association holds title to the entire property; members own shares in the cooperative corporation and hold a proprietary lease on their unit. This affects voting (often share-weighted rather than one-per-unit), assessments (rent-like obligations under the lease as well as association dues), and collection (termination of the proprietary lease rather than condo-lien foreclosure).
Board meeting notice mirrors the condo rule: 48 continuous hours, conspicuously posted within the property. Meetings where assessments will be considered require 14 days' written notice to members specifically describing the assessment - a heightened-notice rule that prevents boards from quietly raising dues without member awareness.
The single biggest recent change is the SIRS mandate at § 719.106(1)(k). SB 4-D extended the condo SIRS requirement to cooperative associations of three or more habitable stories. The same engineering and methodology requirements apply: every ten years, prepared by a Florida-licensed engineer or architect, covering specific structural components. The membership waiver right for SIRS-scope reserves is gone. Boards must fund the SIRS amounts; no vote can reduce them.
Annual meeting and budget adoption follow the condo pattern - 14 days' notice before the meeting, proposed budget mailed at least 14 days ahead, members can reject by majority petition within the bylaw window. The bylaws fill in the details (quorum percentage, voting weight per share, special meeting trigger thresholds). Read the bylaws carefully - co-op bylaws vary more than condo bylaws because the statute is less prescriptive.
Key requirements
Board meeting notice (48 hours)
§ 719.106(1)(c)- Post at least 48 continuous hours before meeting
- Conspicuous location within cooperative property
- Agenda must be included
- Assessment meetings: 14 days' written notice to members
- Emergency meetings allowed with documentation
Annual meeting and elections
§ 719.106(1)(b)- At least 14 days' mailed or electronic notice
- Agenda included in notice
- Quorum requirement set by bylaws (commonly 30%)
- Voting structure often share-weighted (not one-per-unit)
- Read bylaws for voting allocation and proxy rules
Budget adoption (14-day mailing)
§ 719.106(1)(e)- Mail proposed budget at least 14 days before adoption meeting
- Budget must include all required reserves (including SIRS)
- Member rejection by majority petition (window per bylaws)
- If rejected, prior year budget continues
- Adopted budget mailed to members after adoption
SIRS mandate for co-ops
§ 719.106(1)(k)- Required for buildings of 3+ habitable stories
- Performed every 10 years
- Prepared by Florida-licensed engineer or architect
- Reserve amounts mandatory and non-waivable
- Initial deadline mirrored the condo SB 4-D timeline (Dec 31, 2024)
Related tools
Common questions about § 719.106
- What is the board meeting notice requirement for a Florida cooperative under § 719.106?
- Under § 719.106(1)(c), a cooperative board must post notice of any board meeting at least 48 continuous hours before the meeting in a conspicuous location within the cooperative property. The notice must include the meeting agenda. This is parallel to the condominium requirement under § 718.112(2)(c). Meetings at which assessments will be considered require 14 days' written notice to unit owners specifically describing the assessment.
- Are co-ops required to have a SIRS?
- Yes - § 719.106(1)(k) extends the Structural Integrity Reserve Study mandate (originally enacted for condos in SB 4-D) to cooperative associations of three or more habitable stories. The SIRS must be performed every ten years by a Florida-licensed engineer or architect. As with condos, the membership waiver right for reserves no longer applies to SIRS-scope structural components - those reserves are mandatory and non-waivable. The initial SIRS deadline mirrored the condo timeline (December 31, 2024).
- Can cooperative members waive reserve funding under § 719.106?
- Only for non-SIRS reserves. SB 4-D eliminated the membership reserve-waiver right for SIRS-scope structural components (roof, load-bearing walls, foundation, plumbing, electrical, waterproofing, windows, etc.). Non-SIRS reserves - pools, paving, elevators in some configurations - can still be waived by a majority vote of unit owners at the annual meeting. The board must always present the SIRS-required reserve amounts in the proposed budget; those numbers cannot be reduced by a vote.
- How is the cooperative annual meeting different from a condo's?
- Structurally they're similar - 14 days' mailed or electronically delivered notice, agenda included, member quorum required. The biggest practical difference is voting: cooperative members vote based on their share interest under the proprietary lease structure, not based on a unit count. Some cooperatives weight votes by square footage or share number; others use one-share-one-vote. The bylaws control. Always read the bylaws alongside § 719.106 to understand how the vote is allocated.
- What is the budget adoption process for a Florida cooperative under § 719.106?
- The board must mail or deliver the proposed annual budget to members at least 14 days before the budget adoption meeting. The budget must include the required reserve contributions (including SIRS reserves for buildings subject to the mandate). Members can reject the adopted budget by majority petition within a specified window per the bylaws. If rejected, the prior year's budget continues until a new budget is adopted. This is parallel to § 718.112(2)(e) for condos.
Run your co-op on Common Elements
Manage board meetings, member proxies, assessment notices, and SIRS reserve planning - all in a workspace that understands cooperative governance.
This is not legal advice. Consult association counsel for your specific situation.