“Corporate Annual Report Requirements for Community Associations” – News-Press
Q: I am new to the board of directors at my condominium association, and at a recent board meeting it was brought up that the association has not filed its annual report with the State of Florida. Because of this, the association was at risk of being dissolved. No one on the board knows what this means, what we are supposed to do, or what are consequences of being dissolved. Can you please advise? (T.G., via e-mail)
A: Community associations whether condominium associations governed by Chapter 718, Florida Statutes, cooperatives governed by Chapter 719, Florida Statutes, or homeowners’ associations governed by Chapter 720, Florida Statutes, are corporations. In Florida, corporations are governed by either Chapter 607, as For Profit Corporations, or Chapter 617, as Corporations Not For Profit. Community associations are typically organized as non-profit corporations governed by Chapter 617, Florida Statutes.
Every corporation in the State of Florida is required to file its annual report and pay the filing fee. The annual report is to be filed between January 1 and May 1 of each year and the failure to timely file the report by May 1 will result in the involuntary dissolution of the corporation by the Department of State.
However, the state provides a four-month grace period to file the annual report. As such, corporations that fail to file the annual report by the end of the grace period, by 5 p.m. EST on the third Friday in September (this year, the date is September 18, 2026), are administratively dissolved. If the association is administratively dissolved by the state, it is considered not in good standing and there can be legal consequences for the association and its members, also there is a penalty that must be paid in order to have the corporation reinstated.
The annual report may be filed electronically with the state at www.sunbiz.org. The annual report filing fee of $61.25. The annual report must state the association’s principal address and mailing address; the name and physical address of the association’s registered agent; the names, titles, and addresses of all current officers and directors.
Again, the annual report can be filed online with the state and any association that has not done so should do so as soon as possible to avoid the potential of being administratively dissolved and having to pay the additional fee to be reinstated.
If an association has further questions regarding its obligations to file its annual report, it should review the matter with its legal services provider.
Q: My condominium association is holding a membership vote to approve a special assessment. The notice of the meeting and proxy was mailed out to all of the owners. Now the owners are returning their proxies with their votes, and the manager is opening the envelopes and counting the votes as they come in. Is this allowed? (D.W., via e-mail)
A: Yes. While condominium elections are governed by strict procedures that specify how the ballots for the election of directors are handled and require that the ballots not be opened or counted until the meeting where the election is taking place, proxies are handled differently. Other than for the election of directors, unit owners can vote either in person at the meeting, by proxy, or through electronic voting if authorized by the association. However, these votes are not considered secret, and there is no prohibition against the association verifying that the proxies received are valid and counting the proxies before the date of the meeting.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.
