Understanding the Legal Responsibilities of Condo Associations
At Prasse-Anderson Law Group, we regularly advise and represent condominium associations throughout Florida. Our work in community association law gives us a close-up view of the many legal duties these associations take on.
When someone buys a condo, they’re not just buying their unit—they’re also entering into a shared relationship with their neighbors and the association that manages the property.
Condominium associations, in particular, operate under specific statutes that define their powers and obligations.
When these associations function properly, they help protect property values and maintain a high quality of life. But when responsibilities are overlooked or misunderstood, problems can quickly follow.
We’ve worked with associations of all sizes and in all kinds of situations—from enforcing rules and collecting dues to handling disputes and responding to emergencies. In each case, our focus remains on upholding Florida’s community association law while supporting effective governance and fairness for all unit owners.
Foundations of Condo Association Authority
Condominium associations derive their authority from both the Florida Statutes and their governing documents.
Florida Statute Chapter 718, also known as the Condominium Act, sets the legal baseline for how these associations operate. Meanwhile, the declaration of condominium, bylaws, and rules give structure to each specific community.
We often explain to boards that community association law requires them to operate with care and transparency. These aren’t informal groups—they are legally recognized entities with fiduciary duties. That means board members must act in the best interest of the entire community, avoid conflicts of interest, and follow the law at every turn.
The authority granted to condo associations allows them to manage common elements, adopt reasonable rules, and enforce restrictions that promote harmony and safety. But with this authority comes responsibility—particularly the responsibility to treat all unit owners equally and comply with state law.
Maintaining Common Areas and Structural Integrity
One of the primary legal responsibilities of any condo association is the maintenance and repair of common areas. This includes everything from landscaping and parking lots to elevators, roofs, and building exteriors. Under Florida’s community association law, associations are not only permitted to handle these matters—they are required to.
We’ve advised associations during routine maintenance as well as during more urgent repairs after storms or structural issues. In all cases, the board must act promptly and in good faith. Delays or poor decisions in this area can lead to lawsuits or even state intervention, especially if the safety of the residents is at risk.
Recent legislative changes in Florida have put more pressure on condo boards to take structural inspections seriously, particularly in multi-story buildings. These laws were created in response to real tragedies and are now a key part of how we counsel associations in their decision-making.
Financial Management and Budgeting Duties
Proper financial management is another cornerstone of community association law. Condo associations must collect assessments, prepare annual budgets, and maintain adequate reserves. These obligations are not optional—they are part of the association’s duty to provide for the long-term care of the property.
We assist boards in preparing budgets that are legally compliant and reflect the real needs of the community. Florida law requires transparency in how funds are used, and unit owners have a right to access financial records. When associations take these responsibilities seriously, trust is built, and disputes are often avoided.
But when finances are mishandled—whether through poor planning, lack of reserves, or selective enforcement—it can quickly create legal exposure. We help boards address these situations proactively and in line with the obligations set out under community association law.
Enforcing Rules and Governing Documents
Condominium living means shared rules and mutual respect. Florida’s community association law allows condo boards to adopt and enforce reasonable rules concerning the use of units, common areas, and other shared aspects of the property. But enforcement must always be uniform and grounded in the governing documents.
We remind our clients that selective enforcement or unclear rules often cause more harm than the initial violation. If rules are not applied equally to all residents, legal challenges may follow. That’s why we help boards review their rules regularly and make updates when needed.
Disputes over pets, parking, noise, and use of amenities are common, but they must be handled within the limits of the law. Condo associations don’t have unlimited power, and when enforcement becomes too aggressive or arbitrary, unit owners may have grounds to challenge the board’s actions.
Dispute Resolution and Legal Compliance
Conflicts are inevitable in shared living spaces, but how an association responds to conflict can define its success or failure. Florida’s community association law offers several mechanisms for resolving disputes, including arbitration through the Division of Condominiums, mediation, or litigation.
We help associations understand when legal action is appropriate and when it may be better to seek a less formal resolution. Being in charge doesn’t mean escalating every disagreement. Many issues can be resolved with a clear understanding of the law and a willingness to listen.
Legal compliance is another daily duty. Associations must follow state laws concerning meeting notices, board elections, record-keeping, and fair housing. Violations of these rules can lead to administrative penalties or even lawsuits from unit owners. We work with associations to stay current on the law and avoid common pitfalls.
Emergency Powers and Special Situations
Florida law grants condo associations certain emergency powers during times of disaster, such as hurricanes or other threats to life and property. These powers allow boards to take action without the usual formalities, such as contracting for repairs or entering units for safety reasons.
We help associations understand these powers and apply them correctly. Community association law does not suspend all procedures during emergencies, but it does recognize that swift action may be needed to protect residents and property.
Boards must be careful not to overstep these powers or use them as a cover for unrelated decisions.
Special situations can also include turnover from developers to residents, construction defects, or insurance disputes. Each of these requires a careful legal strategy, and we guide our clients through them with a focus on long-term stability and compliance with Florida law.
Board Responsibilities and Fiduciary Duties
Serving on a condo board carries legal weight. Under community association law, board members have a fiduciary duty to act in the best interest of the association and to carry out their duties with care, honesty, and loyalty. They must follow the governing documents and Florida statutes in every decision they make.
We counsel boards to document their decisions, seek input from professionals when necessary, and avoid any appearance of self-dealing. These steps help protect not just the board, but the entire association, from claims of mismanagement or misconduct.
We also provide training and legal education for new board members who want to understand their duties. Informed decision-making leads to fewer disputes and a more stable association.
Transparency and Communication with Unit Owners
Under Florida’s community association law, condo associations must be transparent in their operations. This includes providing access to records, giving proper notice of meetings, and allowing owners to speak during board meetings. These aren’t just procedural rules—they are key to building trust.
We’ve seen firsthand how transparency can prevent conflict. When owners feel heard and informed, they’re more likely to support necessary assessments or rule enforcement. On the other hand, secrecy or poor communication often leads to suspicion and disputes.
Associations that build a culture of openness and legal compliance are better positioned to thrive, even in challenging times. We help our clients develop and maintain this approach in everything from newsletters to meeting minutes.
Looking Ahead in a Changing Legal Environment
At Prasse-Anderson Law Group, we stay current on these changes and keep our clients informed. We’re proud to serve Tampa, Florida, and the surrounding areas of Pasco and Pinellas. Call today.