Legal Update: Key Changes Now in Effect for HOAs
- Tammy Mercer
- Jul 9
- 3 min read
Staying informed about legal updates is essential for every community association, but we understand that absorbing all the changes at once can be overwhelming. That’s why we’re breaking things down to highlight the most impactful updates for your association.
A new bill, signed into law on July 1, 2024, brings several important changes that may affect how associations operate moving forward. Below are a few key provisions we believe will have the most significant impact summarized in a clear and digestible format to help boards and managers stay ahead.
COMMUNITY ASSOCIATION LEGAL UPDATE
July 6, 2025 Florida Law Changes Impacting Condominiums By Tammy Mercer, CMCA, AMS - Florida's Resource for Association Management
Once again, the Florida Legislature has made sweeping revisions with the signing of House Bill 913 by the Governor on June 23, 2025. While this article highlights just a few major points, these updates are important for every condominium board and manager to understand. All changes went into effect on July 1, 2025.
Budgeting Requirements: A New 115% Rule
Under HB 913, budgeting just got more complicated. If your board proposes a budget that exceeds 115% of the prior year’s budget, the association must now also prepare and present a “substitute budget” excluding all discretionary expenses.
What’s New:
No longer initiated by petition—the board must provide the alternative budget proactively.
Both budgets must be sent to unit owners at least 14 days in advance of a vote.
Key Questions:
1. Does your proposed budget exceed 115% of last year’s?Some items like insurance, required reserves, or planned capital repairs do not count toward the 115%.
2. What qualifies as a “discretionary” expense?Not clearly defined in the statute. Review your governing documents carefully.
Owner Vote:
If unit owners approve the substitute budget, that becomes the adopted budget.
If rejected, the board may adopt its proposed version.
Majority approval of all voting interests (or higher, if required by bylaws) is needed.
Boards should begin preparing early to meet these new requirements during budget season.
Virtual Meetings: Now Officially in the Statutes
Following the COVID-era surge in remote meetings, video conferencing is now formally allowed for:
Membership meetings
Board meetings
Committee meetings
What’s Required:
A physical location for those who wish to attend in person
Notice must include:
A video link
A call-in number
The in-person location
All video meetings must be recorded and kept as an official record for 1 year.
Website Posting:
If your association is required to maintain a website:
Video Recordings (or links) must be posted.
Starting January 1, 2026, this applies to condominiums with 25+ units (previously 150+).
Annual Meetings:
A quorum of the board must be physically present at the meeting location during virtual annual meetings.
Owners can vote electronically following statutory rules.
Electronic Voting & Ballots by Email
HB 913 also expands how owners can cast votes in director elections and other matters.
Electronic Voting (Third-Party Platform):
No longer requires 14-day mailed notice.
48-hour posted notice with meeting agenda is enough.
If authorized, must be offered for board elections.
Voting by Email:
Associations must accept emailed ballots for elections.
Associations must provide a designated email address for submissions.
Ballot Requirements:
Must include:
Owner’s unit number
Full name (serves as signature)
Must include a statutory disclaimer regarding the waiving of ballot secrecy.
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