Florida Condo Laws in 2026: Reserves, Inspections & the New Assessments

If you own a Florida condo, 2026 is the year the bill came due. After the Surfside collapse, the legislature closed a decades-old loophole that let associations keep dues artificially low by skipping reserve funding. The result is a sweeping change to how condos are inspected, how they save, and — for many owners — a painful special assessment.

Here’s what actually changed and what it means for your unit.

The two laws behind the change

Florida’s condo overhaul came in stages:

  • SB 4-D (2022), refined by SB 154 (2023) created two mandates for condominium buildings three stories or higher: milestone structural inspections and Structural Integrity Reserve Studies (SIRS).
  • HB 1021 (2024) layered on governance and transparency rules — including a requirement that associations with 25+ units post governing documents, budgets, and reserve studies to a website or app.

These apply to condominium associations under Chapter 718. Most single-family HOAs fall under Chapter 720 and are not directly subject to the SIRS and milestone rules.

Milestone inspections

Condo and cooperative buildings three stories or taller must undergo a milestone inspection by a licensed engineer or architect once the building reaches a set age — generally 30 years (the statute has been amended over time and allows local governments some discretion in certain coastal areas, so confirm the exact trigger for your building) — and on a recurring basis after that. A phase-one visual inspection can trigger a more detailed phase-two inspection if substantial deterioration is found — and any required repairs must then be made.

The end of reserve waivers

This is the big one. Historically, Florida condo owners could vote each year to waive or reduce reserve contributions. Many did, for decades, which kept monthly fees low but left buildings without the money to replace roofs, repipe, or repair concrete.

Under the current rules, for the structural components covered by a SIRS, associations in three-story-plus buildings can no longer vote to waive those reserves or divert them to other uses — a change that phased in with recent budget years as the SIRS requirement took effect (confirm the effective date that applies to your building). The reserves have to be funded — and where they were underfunded for years, that catch-up is steep.

Why owners are seeing five- and six-figure assessments

When mandatory reserves, milestone inspections that surface deferred repairs, and a hard insurance market all hit at once, boards that hadn’t planned ahead have few options but to assess. Reported special assessments have ranged from a few thousand dollars to well over $100,000 per unit for major structural work. Even structurally sound buildings are seeing mid-year assessments driven purely by insurance premium spikes.

If your association is staring at an assessment, understand your rights: how the assessment was noticed and approved, whether the reserve study supports it, and what financing options (including association loans) exist. This is exactly the kind of situation where a licensed community-association attorney and a qualified reserve professional earn their fee.

What to do now as an owner or board member

  1. Get the documents. Ask for the milestone inspection report, the SIRS, and the current reserve study. Under HB 1021 many associations must now post these.
  2. Run your own numbers. Use our reserve fund calculator to sanity-check how funded your community is.
  3. Understand the assessment. Confirm it was properly noticed and approved, and that it’s tied to documented needs.
  4. Get professional help early. A structural reserve study and legal review are cheaper than a bad assessment fight.

Florida is the leading edge, but it isn’t alone — several states are tightening reserve and inspection rules. If you own a condo anywhere, treat 2026 as the year reserves stopped being optional.

Frequently asked questions

Can a Florida condo still waive reserves in 2026?

No. For the structural components covered by a Structural Integrity Reserve Study (SIRS), associations in buildings three stories or higher can no longer vote to waive reserves or use them for other purposes. Non-SIRS reserves may still be handled under the older rules, but the core structural reserves are now mandatory.

What is a SIRS?

A Structural Integrity Reserve Study is a required study of specific structural components — roof, load-bearing walls, floor, foundation, fireproofing, plumbing, electrical, waterproofing, windows, and any item over $10,000 — that sets the reserves a condo must fund. Buildings three stories or taller had to complete one by December 31, 2024.

Why did my condo fees or assessment jump so much?

Three forces stacked at once: reserves that were underfunded for years now have to be caught up, milestone inspections are surfacing deferred structural repairs, and insurance premiums have risen sharply. Boards that hadn't planned for this are passing the cost through as higher dues and special assessments.

Does this apply to single-family HOAs?

The SIRS and milestone-inspection mandates are condominium rules under Chapter 718. Single-family HOAs are governed by Chapter 720 and aren't subject to SIRS, though many are raising dues and funding reserves more seriously in response to the same cost pressures.

This guide is general information, not legal or financial advice. Your association's governing documents and your state's statute control — confirm specifics with a licensed professional.