Senate Bill 0722 was filed to define structural integrity reserve studies and impose new requirements on condominium associations governing buildings of specified heights, but died in the Regulated Industries Committee.
What changes. The bill proposed to require condominium associations governing buildings of a specified height to conduct a structural integrity reserve study. The bill would have authorized certain condominium associations to elect, by majority vote of members, to waive or reduce reserve contributions. Condominium associations governing buildings not meeting the specified height requirement would not have been required to conduct such studies.
The Department of Business and Professional Regulation published a webpage listing hot topics and important information for community association managers and firms.
What changes. The webpage provides links to resources including council information, meeting information, business tips, fingerprinting guidance, complaint procedures, declaratory statements, disciplinary orders, and criminal self-reporting information. No new rules or requirements are established.
The Fourth District Court of Appeal reversed a trial court's dismissal of Wells Fargo's complaint against Rio Poco Homeowners' Association, holding that the trial court improperly considered matters outside the complaint when ruling on the motion to dismiss.
What changes. The court held that a motion to dismiss under Florida Rules of Civil Procedure must be limited to the four corners of the complaint and attached exhibits, and may not consider extraneous materials such as the Association's response to a presuit mediation demand or emails between parties. The court further held that where a plaintiff alleges satisfaction or waiver of all conditions precedent to suit, including compliance with section 720.311(2)'s presuit mediation requirements, and nothing in the complaint or its exhibits negates that allegation, the factual issue of waiver precludes dismissal.
A proposed rule amendment to Section 61B-78.001 was published for public comment on April 20, 2026.
What changes. The proposed amendments update Rule 61B-78.001 to align with Section 719.501(1)(f), Florida Statutes, regarding association fees, mailing addresses, and retrofitting. The rule implements Sections 719.1055(5) and (6) and 719.501(1) and (2), Florida Statutes. The notice does not provide the specific text of the proposed changes.
The Fourth District Court of Appeal affirmed a trial court's dismissal of a homeowner lawsuit for lack of standing, holding that the plaintiff failed to comply with statutory pre-suit requirements for derivative actions.
What changes. The court held that Section 720.305, Florida Statutes, which grants HOA members the right to sue for noncompliance with governing documents, does not eliminate the requirement to comply with Section 617.07401's pre-suit procedures when the substance of a claim is derivative in nature. A derivative action is one where the injury is suffered by the HOA as a whole rather than by an individual member. Section 617.07401 requires a written demand on the board and a ninety-day waiting period before suit may be filed, unless irreparable injury would result. The court read Chapters 720 and 617 in pari materia, applying the corporation-law derivative action requirements to HOA member suits.