Community Update – July 2026
Summer is a busy time for many Florida community associations, making it especially important for boards and managers to stay current on evolving legal and operational issues. In this issue of CUP, we cover affidavit requirements, handling water leaks, and cybersecurity best practices to help associations manage risk. Don’t miss our featured podcast episode, which goes behind the scenes of community management to explore one management company’s perspective on governance, compliance, contracts, constant legislative change, and real-world challenges.
Florida House Bill 797 significantly revises Section 617.0832 of the Florida Statutes, creating a modernized framework for addressing director conflict-of-interest transactions. For condominium and homeowners’ associations, these changes are particularly important because it requires association boards to comply with Chapter 617’s conflict-of-interest standards. Bryony Swift reviews the new statutory framework in “New Conflict-of-Interest Rules Under HB 797 Raise the Stakes for Association Directors.”
The 2026 legislative session did not result in an abundance of legislation amending the statutes governing condominium, cooperative, and homeowners’ associations. One notable exception, however, is an amendment to Section 720.3035, Florida Statutes. In “The HOA Architectural Control Statute Has Again Been Amended,” Yeline Goin explains these statutory changes.
Florida condominiums are often created with provisions granting a right of first refusal (ROFR) and/or a right to approve a future purchaser or occupant within the declaration of condominium. Jose Luis Baloyra explains how these provisions work, when they apply, and why strict compliance is essential in “Condominium Association Preemptive Rights Explained: What Is a Right of First Refusal and Is It the Same as a Right of Approval?”
For associations, developers, and purchasers of undeveloped condominium property, assessment obligations may depend on when the declaration was recorded, which version of the Condominium Act applies, and the precise words used to define “unit” or “condominium parcel.” Joey Markovich discusses the important considerations surrounding “phantom units,” including how declaration language and statutory changes may impact assessment obligations in “THIS CASE: Welleby Condominium Ass’n One, Inc. v. William Lyon Co.”
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