Florida's condo reserve rule changed October 4, and more changes are proposed

Most Florida condo boards are putting together next year's budget this fall. At the same time, the state rule that explains how associations must handle reserves was rewritten. Reserves are the money an association sets aside each year for big future repairs and replacements, like the roof or the structure.

The rule is called 61B-22.005, "Reserves." It is part of the Florida Administrative Code, the set of rules state agencies write to carry out the laws the Legislature passes. The agency here is the Division of Florida Condominiums, Timeshares and Mobile Homes, part of the Department of Business and Professional Regulation (DBPR).

This article explains what changed, what is still being changed, and how to have your say. It is a guide, not legal advice. Your association attorney and your reserve study preparer are the right people for questions about your building.

What the official record shows

The state's rules website, flrules.org, lists the amended rule as filed on September 14, 2026, and in effect on October 4, 2026. Before that, the rule had last been changed in December 2002. The record lists two DBPR forms as part of the rule: Form 6000-10, the SIRS form, and Form 6000-11, an Affidavit of Acknowledgement.

The rule rests on Florida's condo law, Chapter 718. Section 718.112(2)(g) of the 2026 statutes says the division "shall adopt by rule the form for the structural integrity reserve study." The same section says that within 45 days after receiving a SIRS, the association must either give each owner a copy or tell owners it is available to inspect and copy on written request. Within the same 45 days, it must file a statement with the division, on the division's website form, saying the study was completed.

What changed on October 4

The full rule text is posted as a document on flrules.org. Two published industry summaries of the new text agree on these main points:

• Reserve funding must follow the most recent SIRS. One summary quotes the rule saying an association "shall not alter or otherwise manipulate" the study's findings.
• Every SIRS, including updates, goes on the DBPR SIRS form, Form 6000-10. The rule names three kinds: a full SIRS, an update with a site visit, and a financial update without a site visit.
• A SIRS counts as "completed" when the preparer has signed it, dated it and delivered it. A draft does not count. That moment is what starts the 45-day duties to owners and to the state.
• Two new events require an updated SIRS: a gap between the reserve balance and what the study projected that equals 50% or more of a year's reserve deposits, or a repair or replacement in the study finishing more than two years earlier or later than planned.
• The rule spells out when a board may switch between straight-line and pooled reserves without an owner vote, and when a vote is still needed.

The switch between pooled and straight-line

This is the part owners ask about most. The statute, section 718.112(2)(f), says reserve accounts "may be pooled for two or more required components" and that "a vote of the members is not required for the board to change the accounting method for reserves" to pooled or straight-line.

According to both summaries, the October 4 rule adds limits. In general terms, a board can make the switch on its own when the reserve money stays set aside for the same purposes and the funding does not go down. If the switch would cut funding, move reserve money to other uses, or work like a waiver or reduction of reserves, an owner vote is needed. Because the details matter, boards should read the rule text with their attorney before changing methods.

More changes proposed on October 22

On October 22, 2026, the division published a notice of proposed rule in the Florida Administrative Register, the state's official notice paper. The notice says the change "amends Rule 61B-22.005 to clarify language about adjustments to annual reserve funding amount" and about changes between pooled and straight-line reserve accounting.

The flrules.org page for the notice lists a comment period from October 22 to November 12, 2026. Comments sent through the site must be 8,000 characters or less; longer comments go straight to the agency, as the notice explains. A proposed rule is not in effect until it is adopted, so the October 4 version is the one in force today.

What to do

If you are an owner:

• When the proposed budget arrives, look at the reserve lines. Ask the board, in writing, whether they match the most recent SIRS.
• If you hear the board plans to switch to pooled reserves, or away from them, ask whether an owner vote is needed under the new rule, and what the attorney said.
• Ask whether the building's SIRS is "completed" (signed, dated and delivered) and when owners were told it was available.
• Want to comment on the October 22 proposal? Search 61B-22.005 on flrules.org and use the comment link before November 12.

If you serve on the board:

• Ask your attorney and your SIRS preparer to read the October 4 rule text against your proposed budget before you adopt it.
• Check whether either new update trigger applies to you: a reserve balance far off the study's projection, or a project more than two years ahead of or behind schedule.
• Confirm the 45-day steps happened after your SIRS was delivered: owners were given a copy or told it was available, and the statement was filed with the division.
• Watch the October 22 proposal. If it is adopted, the pooled and funding-adjustment language may change again. DBPR's Division of Florida Condominiums, Timeshares and Mobile Homes can answer process questions.