Written by: Luis Teran, Co-founder, CEO, TenantEvaluation | Last updated: June 25, 2026
Ownership, Maintenance, and Insurance at a Glance
The following table highlights the most significant differences between Florida condominium associations under Chapter 718 and HOAs under Chapter 720. Focus on how ownership, maintenance, and insurance responsibilities shift between the association and the individual owner.
| Category | Condominium Association (Chapter 718) | Homeowners Association (Chapter 720) |
|---|---|---|
| Governing Statute | Florida Statute Chapter 718 | Florida Statute Chapter 720 |
| Ownership Structure | Unit owner holds title to interior of unit only, while land and structure are common elements | Lot owner holds title to structure and land beneath it |
| Roof Maintenance | Association maintains and insures roof as part of building structure | Individual lot owner maintains and insures their own roof |
| Master Insurance Obligation | Mandatory under Fla. Stat. §718.111(11), full insurable replacement cost required | Set by declaration, not state statute, with fewer mandatory requirements under Chapter 720 |
| Insurance Appraisal Cycle | Independent appraisal required every 36 months under §718.111(11)(j) | No equivalent statutory appraisal cycle |
| Structural Integrity Reserves | Mandatory for buildings 3 or more habitable stories once they reach 30 years of age, then every 10 years | No equivalent statutory structural reserve mandate |
| Fidelity Bonding | Required by statute | Required with coverage limits equal to or exceeding the maximum funds the association holds |
Key Legal and Financial Differences at a Glance
- Florida condominium associations operate under Chapter 718 while HOAs follow Chapter 720, which creates different ownership structures and legal obligations.
- Condo owners hold title only to interior space, with common elements owned collectively, while HOA lot owners hold fee-simple title to both structure and land.
- Condominiums must complete structural integrity reserve studies, milestone inspections, and maintain full replacement-cost master insurance, requirements that have no direct HOA equivalent under Chapter 720.
- Insurance and maintenance responsibilities diverge sharply: condo associations handle roofs and building envelopes, while individual HOA owners insure and maintain their own structures.
- TenantEvaluation helps boards and CAMs track leases and compliance across both community types with one centralized, audit-ready system.
How Florida’s Condo and HOA Landscape Is Changing
Florida contains one of the largest concentrations of condominium and HOA communities in the United States, and the Miami–Jacksonville corridor accounts for a substantial share of both community types. Legislative activity since 2022 has affected condominium associations more heavily than HOAs. The Surfside collapse response, codified through Senate Bill 4-D and subsequent 2023 amendments, introduced milestone structural inspection requirements and mandatory structural integrity reserve studies for condominiums, obligations that have no direct parallel under Chapter 720.
Many Jacksonville-area condominium associations reported insurance premiums that doubled or tripled after these legislative changes. Boards often relied on special assessments to close coverage gaps for building structures. HOA communities, where individual owners carry structural insurance, experienced a different pressure as carriers restricted coverage for aging roofs on individually owned lots.
In 2026, both community types face heightened scrutiny from lenders, insurers, and prospective buyers. The compliance burden on condominium boards, however, remains substantially heavier than on HOA boards.
How Florida Statutes Play Out in Daily Operations
That heavier compliance burden shows up most clearly in day-to-day maintenance and insurance responsibilities, where Chapter 718 and Chapter 720 create very different obligations for boards and individual owners.
Roof responsibilities in condos and HOAs stay distinct. In a condominium, the association maintains and insures the roof as part of the building structure under Chapter 718. In an HOA, the individual lot owner maintains and insures their own roof, because they hold title to the structure itself.
Insurance claim handling also differs. Under §718.111(11), a condominium association’s master policy must cover all condominium property as originally installed per the original plans and specifications, on a full insurable replacement cost basis. That master policy excludes personal property within individual units, floor and wall coverings, electrical fixtures, appliances, water heaters, built-in cabinets, countertops, and window treatments installed by unit owners, which require an HO-6 policy. In an HOA, the master policy covers only common areas, while the homeowner’s individual policy covers the structure, roof, and interior.
Reserve funding obligations diverge sharply. Buildings subject to the milestone inspection requirement described in the table above must fund reserves based on the engineer’s structural integrity findings. Chapter 720 HOAs face no equivalent statutory mandate for structural integrity reserves in 2026.
Compliance, Risk, and Governance Differences
Chapter 718 gives condominium unit owners a certified written inquiry right. Owners may submit written questions to the board and receive a written response within a defined statutory period. Chapter 720 does not contain an equivalent certified written inquiry mechanism, although HOA members retain general rights to inspect official records.
Competitive bidding thresholds apply under both statutes, but the dollar levels and scope differ. Condominium associations must obtain competitive bids for contracts that exceed a threshold tied to the association’s total annual budget. HOA thresholds are set separately under Chapter 720 and may differ. CAMs who manage portfolios across both community types must track these thresholds independently to avoid procurement violations.
Enforcement and lien priority also differ between the statutes. Both condominium associations and HOAs obtain statutory liens for unpaid assessments, yet the procedures for foreclosing that lien vary between Chapters 718 and 720. Both statutes permit associations to suspend use rights for delinquent owners, but the procedural requirements and notice timelines are not identical.
The five-year rule for HOAs in Florida refers to the five-year limitations period that can bar an HOA from enforcing certain deed restrictions, which appears in Florida Statutes §95.11(2)(b), not in Chapter 720. The precise application depends on the specific restriction and governing documents. No equivalent laches-based limitation applies identically under Chapter 718.
Where Condo and HOA Boards Commonly Struggle
Reserve shortfalls represent the most acute compliance risk for condominium associations in 2026. Boards that waived or reduced reserve contributions in prior years now face mandatory structural integrity reserve studies and potential special assessments to fund milestone inspection remediation. HOA boards face reserve shortfalls primarily for common-area amenities rather than structural components, which creates a lower direct liability exposure.
Special assessments in condominium communities carry additional complexity because the association, not the individual owner, is responsible for the building envelope. A single roof replacement or elevator modernization can generate a six-figure special assessment distributed across all unit owners. Those assessments affect resale values and mortgage qualification at the same time.
Transfer and approval delays affect both community types but arise from different sources. Condominium associations must comply with Chapter 718 approval timeline requirements and right-of-first-refusal procedures where applicable. HOA transfer approvals are governed by the declaration and Chapter 720, with timelines that vary by community.
Best Practices for Boards in 2026
Structural integrity reserve requirements now represent the most significant emerging compliance standard for condominium associations. Associations subject to the milestone inspection mandate must engage a licensed engineer or architect, complete the phase-one visual inspection, and, when deficiencies appear, proceed to a phase-two inspection. Those findings directly inform the reserve study update, and reserve funding must align with the engineer’s recommendations.
Independent insurance appraisals every 36 months, required under §718.111(11)(j), work hand in hand with those reserve studies. Because reserve adequacy and insurance coverage are closely linked, boards must calendar these appraisals so coverage limits match updated replacement cost estimates. HOA boards, while not subject to the same statutory appraisal mandate, benefit from voluntary appraisals to confirm that common-area coverage remains adequate.
Both community types benefit from centralized, audit-ready documentation practices. Boards that maintain organized records of reserve studies, inspection reports, insurance appraisals, and lease documentation respond more effectively to owner inquiries, lender due diligence requests, and regulatory audits.
Decision Checklists for Buyers and CAMs
For buyers evaluating a Florida condominium purchase in 2026: Confirm whether the building is subject to the milestone inspection requirement. Review the most recent structural integrity reserve study. Verify that the association’s master insurance policy meets the full insurable replacement cost standard under §718.111(11). Request the current reserve funding percentage and any pending special assessments.
For buyers evaluating an HOA lot purchase: Review the declaration for maintenance and insurance obligations that may exceed typical HOA scope. Confirm the age and condition of the roof, since replacement is the individual owner’s responsibility. Assess the HOA’s reserve funding for common-area amenities and any pending capital projects.
For CAMs managing both community types: Maintain separate compliance calendars for Chapter 718 and Chapter 720 obligations. Track competitive bidding thresholds, certified written inquiry deadlines, reserve study update cycles, and insurance appraisal schedules independently for each community type.
Frequently Asked Questions
What is the difference between Chapter 718 and Chapter 720 in Florida?
Chapter 718 governs condominium associations and applies when unit owners hold title only to interior airspace, with the building structure and land owned collectively as common elements. Chapter 720 governs homeowners associations and applies when lot owners hold fee-simple title to their structure and land, with the association managing only designated common areas. The two statutes impose different obligations for insurance, reserves, maintenance, enforcement, and owner rights, and they are not interchangeable even when communities appear similar in layout.
Who maintains the roof in a Florida condo versus an HOA?
In a Florida condominium, the association maintains and insures the roof as part of the building structure, because the roof is a common element under Chapter 718. In a Florida HOA, the individual lot owner maintains and insures their own roof, because they hold title to the structure. This distinction has significant financial implications, since a condominium roof replacement is funded through association reserves or a special assessment, while an HOA roof replacement is the homeowner’s individual expense.
What are the new condo reserve requirements in Florida for 2026?
The milestone inspection requirement described earlier applies to Florida condominium and cooperative buildings that are three or more habitable stories once they reach 30 years of age. These buildings must maintain structural integrity reserve studies. Reserve funding must align with the findings of those studies, and boards may no longer waive or reduce structural reserve contributions as freely as under prior law. These requirements have no direct equivalent under Chapter 720 for HOAs.
What is the five-year rule for HOA in Florida?
The five-year limitations period that can bar an HOA from enforcing certain deed restrictions appears in Florida Statutes §95.11(2)(b), not in Chapter 720. The specific application depends on the restriction at issue and the community’s governing documents. It does not operate as a blanket prohibition, but instead as a defense available to owners in enforcement proceedings. No equivalent provision applies identically under Chapter 718 for condominium associations.
Do Florida HOAs have the same insurance requirements as condominium associations?
No. Condominium associations face mandatory insurance requirements under Florida Statute §718.111(11), including full insurable replacement cost coverage for all condominium property as originally installed, and an independent appraisal every 36 months. HOA insurance obligations under Chapter 720 are primarily set by the association’s declaration rather than state statute, and fidelity bonding or crime insurance is required with coverage limits equal to or exceeding the maximum funds the association holds. Individual HOA lot owners bear responsibility for insuring their own structures, roofs, and interiors.
Conclusion: Treat Condos and HOAs as Distinct Risk Profiles
Florida condominium associations under Chapter 718 and homeowners associations under Chapter 720 impose materially different obligations across ownership structure, maintenance responsibility, insurance, reserves, enforcement, and owner rights. In 2026, the gap between the two regimes has widened as structural integrity reserve requirements and milestone inspection mandates apply to condominiums with no equivalent HOA counterpart.
Buyers, owners, and CAMs who treat these two community types as functionally equivalent face meaningful compliance and financial risk. The ownership distinction, airspace versus fee-simple, drives every downstream difference. Clear understanding of that foundation supports better purchase decisions and more reliable community management.
For CAMs and boards managing lease approvals, occupancy records, and resident documentation across either community type, operational clarity matters as much as statutory knowledge. Fragmented records and manual workflows create the same kind of compliance exposure that unclear statute interpretation does.
