DBPR Revises Proposed Florida Condo Meeting Rule in Notice of Change Published October 16, 2026

On October 16, 2026, the Division of Florida Condominiums, Timeshares and Mobile Homes within the Florida Department of Business and Professional Regulation (DBPR) published a notice of change to proposed Rule 61B-23.001 in the Florida Administrative Register. The revised proposal covers condominium board, committee and unit owner meetings, including video recordings, agendas and owner questions. The rule remains proposed and has not been adopted.

How the Revised Proposal Changes Condominium Meetings

The current Rule 61B-23.001, in effect since 1999, defines board and committee meetings, lets unit owners attend and observe them, and requires boards to use licensed community association managers where a license is required. The proposal published July 24, 2026, would rename the rule "Condominium Meetings" and replace that text with detailed meeting standards that omit the licensed manager provision.

Under the October 16 revisions, any meeting held by video conference and open to unit owners must be recorded, even if video or audio is turned off or fails. The words "and open to unit owners" are new, as is a statement that the recordings are official records under section 718.111(12)(a), Florida Statutes.

Meeting notices must also list any passcode or password needed to join by video. As in the July text, each agenda must clearly identify items for a vote or action, and vague or single-word descriptions are not enough.

The owner question and comment period is now subject to written reasonable association rules on the frequency, duration and manner of questions. Owners may speak on each agenda item before a vote and may ask questions on topics expressly addressed by statute.

Electronic meetings must be "reasonably designed" to let all owners participate. The revised text defines that phrase as procedures and technology objectively adequate to give owners a meaningful opportunity to attend, observe, speak when authorized by law and vote when permitted, including microphones and speakers.

Minutes must now summarize owner questions and the responses, whether verbal or written. Boards must still make a good faith effort to answer owner questions accurately and disclose known gaps in the information.

The July text required each response to address the substance of the question, rest on all material information reasonably available and not omit or misrepresent material facts. The revised text calls a response reasonable if it is objectively appropriate under the circumstances, based on the material information available at the time, and does not omit or misrepresent material facts. It adds that a perfect or exhaustive response is not required but should address the substance of the question.

The Statutory Basis in Sections 718.112 and 718.111

Section 718.112(2), Florida Statutes, allows board and unit owner meetings by video conference, requires those meetings to be recorded as official records and directs the Division to adopt meeting rules. Section 718.112(2)(c) gives owners the right to speak on designated agenda items and to ask about construction or repair projects, current revenues and expenditures, and other issues affecting the condominium.

Under section 718.111(12)(a), official records include meeting minutes and recordings of video conference meetings. When approved minutes exist, a recording must be kept for at least 1 year after it is posted. DBPR's July notice states that the proposal implements section 718.112(2) as amended by House Bill 913, chapter 2025-175, Laws of Florida.

Implications for Condominium Boards, Managers and Unit Owners

Boards and the community association managers who prepare notices would need agendas specific enough to identify each proposed vote. Associations meeting by video would need to keep recordings of meetings open to owners.

Unit owners would have a defined right to speak before votes. Their questions and the board's answers would also be summarized in the minutes.

Rulemaking Status and Next Steps

DBPR began this rulemaking with a notice of rule development on October 20, 2025, and accepted comments on the July proposal through August 14, 2026. The notice of change does not announce a new hearing or comment period.

Under section 120.54(3), Florida Statutes, the rule may not be filed for adoption until 21 days after the notice of change, or November 6, 2026 at the earliest. An adopted rule generally takes effect 20 days after filing with the Department of State.