Florida statute does not require D&O insurance for condo or HOA boards, but directors carry personal fiduciary exposure under FS 718.111(1)(d) without it, and the decisions that trigger claims are the ones the law now assigns to the board: the insurance limit and deductible, the three-year appraisal cycle, the structural reserve study, and since July 1, 2025 the duty to ensure the manager is licensed (FS 718.111(3)(g)). Jacksonville and St. Augustine boards make those calls in a market where Citizens raised condo-association rates 7.7% and 14.1% on July 1, 2026 while private carriers cut, so a D&O policy with entity coverage and defense outside the limit is what lets a volunteer director decide on the merits.
D&O coverage for Jacksonville and St. Augustine boards: the 2025 and 2026 decisions Florida law puts on directors, what it covers, how to get it right.
Directors and officers coverage answers for decisions. Florida gave Northeast Florida boards several new ones to make in 2025 and 2026.
The statute holds every officer and director to the care an ordinarily prudent person would exercise in a like position (FS 718.111(1)(d)). These are the choices that standard turns on today.
The ones the statute assigns to the board: the insurance limit and deductible (Citizens raised association rates 7.7% and 14.1% on July 1, 2026 while private carriers softened), the three-year appraisal cycle under FS 718.111(11)(a), the structural integrity reserve study and milestone inspection, and, since July 1, 2025, ensuring the manager is licensed under Chapter 468 before contracting. D&O coverage responds to claims against directors for those decisions; a bodily-injury claim on the property is a general liability matter.
D&O insurance is not specifically required by Florida statute for condominium or homeowners associations. However, it is considered essential by virtually all insurance professionals and property management companies. Board members have a fiduciary duty under Florida Statute 718.111(1)(d) to act with the care of an ordinarily prudent person, and without D&O coverage, they face personal financial exposure if sued for decisions made in their board capacity.
D&O insurance covers defense costs and settlements arising from claims of breach of fiduciary duty, breach of contract, defamation, discrimination, employment disputes, wrongful foreclosure actions, failure to maintain common elements, selective enforcement of rules, and mismanagement of association funds. It protects individual board members from having to pay legal defense costs out of their own pockets.
It depends on the number of units, the limit, the deductible, the association's claims and litigation history, and whether the policy includes entity coverage and defense outside the limit. In 2026 the private market is competing for well-run Northeast Florida associations while Citizens raised condo-association property rates 7.7% and 14.1% on July 1, 2026, so the D&O quote often improves when it is placed with the property program. We quote it that way and show the board what each limit and endorsement adds.
A claims-made policy covers claims that are both made and reported during the active policy period, regardless of when the alleged wrongful act occurred (subject to the retroactive date). An occurrence policy covers wrongful acts that occur during the policy period, regardless of when the claim is filed. Most D&O policies for community associations are claims-made, which means maintaining continuous coverage is critical to avoid gaps.
Yes. While Florida Statute 718.111(1)(d) provides some protection for directors acting in good faith, board members can be held personally liable for criminal violations, transactions from which they derived improper personal benefit, recklessness, conscious disregard for the best interests of the association, or acts committed in bad faith. D&O insurance is the primary protection against the financial consequences of such lawsuits.
Many D&O policies include Employment Practices Liability Insurance (EPLI) coverage, which protects against claims of wrongful termination, harassment, discrimination, and wage disputes brought by association employees such as maintenance staff, office administrators, or security personnel. If your association employs staff, make sure your D&O policy includes EPLI coverage or obtain it as a separate policy.
Get a free quote or call (904) 900-5063 — Atesa Risk Advisors, independent Florida insurance brokerage.