Florida and California are both "powerhouse" HOA states with detailed reserve requirements. But they take very different approaches: California focuses on disclosure and homeowner choice, while Florida — especially after Surfside — has moved toward mandatory structural reserve funding that cannot be waived. Here's how they compare in 2026.
Side-by-Side: Florida vs. California Reserve Requirements
| Requirement | California | Florida |
|---|---|---|
| Reserve study required? | Yes — every 3 years (full), annual update | Yes — every 10 years for 3+ story condos (SIRS) |
| Can owners vote to waive reserves? | Yes (with annual vote) | NO — structural items cannot be waived (post-2022) |
| Must study address structural items? | All major components | All components + specific structural checklist (SIRS) |
| Resale disclosure required? | Yes — in Annual Disclosure Package | Yes — in Estoppel Certificate |
| Minimum funding target? | No statutory minimum — must disclose % | No stated % but cannot waive for SIRS items |
| Who can conduct the study? | Reserve specialist, engineer, or qualified person | Licensed engineer or architect (SIRS) |
| Statute | Civ. Code § 5550–5570 | FS § 718.1255 (condos), § 720 (HOAs) |
California's Approach: Disclosure Over Mandate
California requires every HOA to conduct a reserve study and disclose the funding percentage in the Annual Disclosure Package. If reserves are less than 70% funded, the summary must say so explicitly. However, California still allows owners to vote annually to waive or reduce reserve contributions — meaning disclosure is required but full funding is not mandated.
Florida's Approach: Mandatory Structural Funding (Post-Surfside)
Florida took a harder line after the 2021 Surfside collapse. For condominiums 3 stories or higher, the Structural Integrity Reserve Study (SIRS) is now mandatory every 10 years (or every 25 years for coastal buildings on barrier islands). Crucially, associations can no longer vote to waive reserves for SIRS-covered structural components — roofs, load-bearing walls, windows, waterproofing, and foundation. The era of budget-motivated reserve waivers for Florida condos is over.
What Does This Mean for HOA Boards?
Florida boards with 3+ story condos must plan for significantly higher monthly assessments in the near term, since they cannot defer structural reserve contributions as they previously could. California boards have more flexibility but must be transparent with homeowners about the funding status. In both states, a well-funded reserve is the best protection against special assessments.
Which State Is Stricter?
For condominiums: Florida is undeniably stricter after 2022. The mandatory SIRS funding requirement with no waiver option is unprecedented in the US. For single-family HOAs: California is arguably stricter, with more detailed annual disclosure requirements. For both: Washington State is emerging as a strong third contender, with WUCIOA's 2024-2026 reserve mandate updates creating similar structural funding requirements.
Disclaimer: Reserve law changes frequently in both states. This comparison reflects laws as of early 2026. Always verify current statute language before making reserve decisions.
This article is for general informational and educational purposes only. It does not constitute legal advice. HOA laws vary by state, and your association's specific CC&Rs and bylaws may create additional requirements. Always consult a licensed attorney in your state before taking legal or enforcement action. Full disclaimer →