TALLAHASSEE, Fla. — Florida regulators have revised their proposed rule on condominium meetings. Under the new version, every condo meeting held by video conference and open to unit owners would have to be recorded, even if the camera or microphone is switched off or the connection fails.
The Division of Florida Condominiums, Timeshares and Mobile Homes published a notice of change to proposed Rule 61B-23.001 in the Florida Administrative Register on October 16, 2026 (Vol. 52/202). The rule is still a proposal. It has not been adopted.
Where the rule comes from
The current Rule 61B-23.001 has been in force since April 1999, according to FLRules.org. The rewrite began with a notice of development in October 2025 and a proposed text in July 2026. The state says the purpose is to implement section 718.112(2) of the Florida Statutes as amended by House Bill 913 (2025). The July proposal’s stated scope covers committee meetings, the use of audiovisual platforms, notices, agendas, inspection of meeting materials and the right to speak.
What the October revision changes
A summary of the notice by Florida law firm Easler Law lists these points:
- Recording: 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 text now states that these recordings are official records under section 718.111(12)(a).
- Passcodes in notices: meeting notices must list any passcode or password needed to join by video.
- Specific agendas: each agenda must clearly identify items for a vote or action. Vague or one-word descriptions are not enough.
- Owner questions: owners may speak on each agenda item before a vote. The association may set written, reasonable rules on how often, how long and in what manner owners ask questions.
- Answers in the minutes: minutes must summarise owner questions and the board’s responses, written or verbal.
- “Reasonable” answers: a response must be objectively appropriate, based on information available at the time, and must not omit or misstate material facts. The revised text adds that a “perfect or exhaustive” answer is not required.
- Electronic meetings: the technology must be “reasonably designed” so owners can attend, observe, speak when the law allows and vote when permitted, including working microphones and speakers.
When it could take effect
Easler Law notes that under Florida’s rulemaking statute the rule cannot be filed for adoption until 21 days after the notice of change, which puts the earliest filing date at November 6, 2026. An adopted rule generally takes effect 20 days after filing. The notice did not announce a new hearing or comment period.
What it means for owners and boards
Boards and managers: the recording duty for video meetings already exists in the statute. The rule would remove the grey areas. If you run hybrid meetings, set your platform to record automatically and store the files with your official records. Start writing agendas that say what is actually being decided, for example “Vote on roof replacement contract with ABC Roofing, $412,000” instead of “Roof”. Build a short written policy on owner comments now, so it is ready if the rule is adopted.
Owners: if the rule passes as revised, you will have a clearer right to speak before each vote and to see your question and the answer in the minutes. If a board meeting held on Zoom was not recorded, ask why. And if you don’t get a passcode in the notice, ask for it in writing.
Recording and records requests are much easier with decent software. Our Buildium vs AppFolio comparison covers two of the larger platforms.
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Sources: Florida Administrative Register, notice 31506296, October 16, 2026; Rule 61B-23.001 history (FLRules); Easler Law. General information only, not legal advice.
