Quick answer
Developer turnover is the statutory transfer of association control from the developer to the unit owners under s. 718.301, triggered by unit-sale percentages or the passage of time. At turnover the developer must deliver the association's records, funds, plans, warranties, a CPA audit, and a sealed turnover inspection report.
Every Florida condominium starts life under developer control. The developer records the declaration, appoints the first board, sets the first budget, and makes every decision until the law forces a handoff. That handoff is developer turnover, and it is one of the most consequential events in a building’s life. The decisions the first owner-controlled board makes, and the deadlines it meets or misses, shape the association’s finances and legal rights for decades. Section 718.301, Florida Statutes controls the process.
Key facts
- Owners are entitled to elect a majority of the board when any statutory trigger hits: three years after 50 percent of the units are conveyed, three months after 90 percent are conveyed, or seven years after the first deed, among others.
- Once owners other than the developer own 15 percent of the units, they may elect one-third of the board.
- At turnover the developer must deliver the records listed in s. 718.301(4): governing documents, minutes, complete financial records, plans and permits, warranties, contracts, and more.
- The developer must also provide a financial audit by an independent CPA within 90 days, and a turnover inspection report, at the developer’s expense, sealed by a Florida engineer or architect or prepared by a credentialed reserve specialist.
- Key legal clocks, including the seven-year construction repose period, generally run from the certificate-of-occupancy stage, not from turnover.
What the developer must hand over
The statute reads like a checklist, and the new board should treat it as one: the recorded declaration and all amendments, articles and bylaws, minute books, complete financial records from inception, association funds and bank accounts, all insurance policies, every contract and lease, the owner roster, construction plans with a certifying affidavit, permits and certificates of occupancy, and all warranties from contractors, suppliers, and manufacturers. The plans and warranties matter most in practice. Plans tell every future engineer what is behind the walls; warranties often start at substantial completion, not turnover, so a missing warranty file can mean a missed claim deadline nobody knew existed.
Treat the turnover meeting as a legal event
The turnover meeting elects the owner directors, accepts the document package against an itemized receipt, and starts the professional review. Do not accept the package as complete on the developer’s word. Prepare a line-item receipt keyed to s. 718.301(4) with columns for delivered, incomplete, and not delivered, signed by both sides. Open the meeting with a written reservation of rights, recorded in the minutes, stating that nothing is accepted or waived until the association’s attorney, CPA, and engineer finish their review. It is inexpensive protection that supports every claim that follows.
Get your own engineering evaluation
The developer’s turnover inspection report is required and worth reading, but it is not the association’s own review. The single most valuable step a new board can take is hiring an independent engineering firm to evaluate the whole property as close to turnover as possible: roof, exterior walls, windows and doors, balcony waterproofing, structural concrete, railings, and the mechanical, electrical, plumbing, and life-safety systems. Stucco can look flawless from the street while concealing rotted framing and active water intrusion behind the finished face, which is why a proper evaluation includes moisture testing or exploratory openings where the engineer judges them warranted, not just a walkthrough.
The deadlines will not wait
Construction defect claims in Florida run against hard clocks. Chapter 558 requires a written pre-suit notice of each defect, and for associations representing more than 20 parcels that notice generally must be served at least 120 days before filing suit. Serving the notice does not pause the statute of repose. Because several deadlines run from certificate of occupancy rather than turnover, an association that waits two or three years to investigate may find its strongest claims already aging out. Have counsel calendar every warranty, limitations, and repose date at the turnover meeting itself.
Hire the right professionals
Two hires decide how turnover goes: the engineer and the attorney. Choose an engineering firm that specializes in condominium building evaluations and can show a portfolio of detailed reports, not two-page summaries. Choose an attorney who practices Florida condominium law and has personally handled construction defect claims through the Chapter 558 process. Chapter 25 of the book walks through the entire sequence, from the statutory triggers to the checklist to what usually happens when significant defects surface.
Common questions
What should the new board do first?
Three hires, immediately: an attorney who practices condominium law to verify the turnover package and calendar every deadline, an independent CPA to audit the financial records, and an engineering firm to evaluate the building while defect claims are still open.
What if the developer did not deliver everything?
Document every missing item in writing at the turnover meeting and deliver the deficiency list to the developer through counsel. Open the meeting with a written reservation of rights so nothing is deemed accepted before your professionals finish their review.
How long does the association have to bring defect claims?
The clocks are short and several run from certificate of occupancy, not turnover, including the seven-year statute of repose. Chapter 558 also requires a pre-suit notice, generally 120 days before filing for associations over 20 parcels. Have counsel calendar every date at turnover.
Related guides
This guide is educational, not legal or engineering advice. Statutes change and every building and declaration is different. Confirm how the law applies to your association with your attorney and a licensed professional. Figures current as of July 2026.