“New Law Requires Flood History Disclosure” – News-Press
Q: I own a condominium unit in Florida that I rent out. I heard there is a new law about disclosing flood history to my tenants. I personally have not filed any insurance claims regarding this unit, but I am aware that the condominium association filed a claim for flood damage under its policy last year. Am I required to disclose to the tenant that the association filed this flood damage claim, even though I was not the one who filed it? (J.D., via e-mail)
A: Section 83.512 was added to the Florida Landlord-Tenant Act effective October 1, 2025. The statute contains several requirements for residential landlords in Florida who enter into rental agreements for a term of one year or longer.
Specifically, the landlord must complete and provide a flood disclosure to a prospective tenant before or at the time of executing the rental agreement. The disclosure must be in a separate document from the lease itself. If the landlord fails to provide the required disclosure, and the tenant subsequently suffers substantial loss or damage to personal property due to flooding, the tenant may terminate the lease by written notice and surrender of the premises within 30 days of the loss. Upon such termination, the landlord must refund all rent and other amounts paid in advance for any period after the effective date of termination.
The statute does not distinguish between single-family homes, apartments, or condominium units; its requirements are triggered by the existence of a residential lease for the specified duration. In the context of a condominium, the unit owner is typically the landlord for purposes of the lease. However, the condominium association may carry flood insurance policies that cover the building and, in some cases, the units themselves. The statute does not provide any exceptions or carve-outs for situations where the association, rather than the unit owner, holds the flood insurance, so if a claim was filed for flood damage to the unit, you are likely obligated to disclose it.
Q: We are a timeshare condominium association. Our owners come from all over the world and very few attend annual meetings. We are facing a heated board election and have seen from your previous columns that proxies cannot be used in condominium elections. How are these owners able to vote? (M. & J.N., via e-mail)
A: In general, Florida law prohibits the use of proxies in the election of directors. Specifically, Section 718.112(2)(b)2. of the Florida Condominium Act provides that neither limited nor general proxies may be used in the election of board members in a residential condominium.
However, the law goes on to state that this rule does not limit the use of general proxies, or require the use of limited proxies, for any agenda item or election at any meeting of a timeshare condominium association. Therefore, while the law is not a model of clarity, I believe that if the bylaws of the timeshare condominium association permit the use of proxies in elections, that can be done.
Q: Can you explain exactly when and under what circumstances a condominium association can recover lawyer fees it must spend on owner problems? (B.S., via e-mail)
A: Under Florida law, the recovery of attorneys’ fees must be granted by statute or contract. Section 718.303 of the Florida Condominium Act provides that the “prevailing” (winning) party in any action (lawsuit) to enforce the Condominium Act, the declaration, the bylaws, or any document creating the association, is entitled to recover reasonable attorneys’ fees. Most condominium documents also contain a similar clause.
Pre-suit attorneys’ fees are generally not recoverable, such as the cost of having an attorney write a legal demand letter, or consulting with counsel as to the association’s legal rights and duties when dealing with a troublesome owner.
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.
