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. For Jacksonville and St. Augustine boards, claims follow the decisions the law assigns to the board, including the insurance limit and deductible, the three-year appraisal cycle and the structural reserve study.
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.
Figures reviewed against Florida Statutes and carrier bulletins on September 27, 2026.
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, 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.
No. D&O coverage responds to claims against directors for the decisions the statute assigns to the board, such as the insurance limit and deductible. A bodily-injury claim on the property is a general liability matter.
No. Florida law does not require it: FS 718.111(11)(e) says a condominium association may buy directors and officers coverage, and Chapter 720 has no mandate for homeowners associations. Directors still owe a fiduciary duty to the owners (FS 718.111(1)(d), FS 720.303(1)), so without D&O coverage they face personal financial exposure if sued over a board decision.
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, so the D&O quote often improves when it is placed with the property program.
A claims-made policy covers claims made and reported during the 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 community association D&O policies are claims-made, so continuous coverage is critical to avoid gaps.
Yes. Directors of condominium associations (FS 718.111(1)(d)) and homeowners associations (FS 720.303(1)) owe a fiduciary duty, and FS 617.0834 allows personal liability for a breach that involves a crime, an improper personal benefit, recklessness or bad faith. D&O insurance pays for the defense of such lawsuits and for covered damages.
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.