Short answer: for condominiums, Florida law answers most of this for you. Section 718.3025 of the Florida Statutes makes a written maintenance contract enforceable only if it states six specific things — and it provides that "any services or obligations not stated on the face of the contract shall be unenforceable."
That last clause is the one worth reading twice. If a service is not written down, your association cannot compel it. Most cleaning disputes we see are not disagreements about standards. They are arguments about something everyone assumed was included.
The six things the statute requires
Section 718.3025(1) provides that a written contract for maintenance or management services is valid or enforceable only if it does all of the following:
Specifies the services and responsibilities. Subsection (1)(a) requires the contract to specify "the services, obligations, and responsibilities" of the contracting party. A line reading "common areas cleaned" does not meet the spirit of this, and will not help you when a breezeway is missed.
Specifies reimbursable costs. Subsection (1)(b) requires the contract to specify "those costs incurred in the performance of those services" which the association will reimburse. Supplies, consumables and equipment belong here, stated explicitly rather than assumed.
States how often each service happens. Subsection (1)(c) requires "an indication of how often each service, obligation, or responsibility is to be performed." Note the phrasing — each service, not the contract as a whole. A single weekly frequency covering twelve different spaces does not satisfy this well.
Sets a minimum staffing level. Subsection (1)(d) requires the contract to specify "a minimum number of personnel to be employed" by the contractor. This is the requirement boards most often discover is missing, and it is the one that protects you when a vendor quietly reduces crew size to protect a margin.
Discloses developer interests. Subsection (1)(e) requires disclosure of any financial or ownership interest the developer holds in the contracting party, where the developer controls the association.
Discloses board and vendor interests. Subsection (1)(f) requires disclosure of any financial or ownership interest a board member, or another service provider to the association, holds with the contracting party.
Whether a particular common area cleaning agreement falls within this section is a question for your association attorney — the statute addresses agreements for operation, maintenance or management of condominium property. But the six elements are a sound checklist regardless of which chapter governs you, because each one exists to close a gap that caused a dispute somewhere.
Do you have to put it out to bid?
This is where condominiums and homeowners associations genuinely differ, and the difference catches boards out.
Condominiums — 5 percent. Under section 718.3026(1), contracts for services must be in writing, and competitive bids are required where payment by the association in the aggregate "exceeds 5 percent of the total annual budget of the association, including reserves." Associations of ten or fewer units may opt out of the section by a two-thirds vote of unit owners.
Homeowners associations — 10 percent. Under section 720.3055(1), the threshold is payment that "exceeds 10 percent of the total annual budget of the association, including reserves."
Two details matter. The threshold is measured against the total annual budget including reserves, not the operating budget alone — which makes the number larger than boards often assume. And both sections state that nothing in them requires the association to accept the lowest bid. You are required to seek competition, not to buy the cheapest option.
For a mid-sized association, a full janitorial contract frequently lands close to these thresholds. It is worth doing the arithmetic before you sign rather than after.
The exceptions worth knowing
Both statutes carve out the same core categories. Contracts with association employees are excluded, as are contracts for attorney, accountant, architect, community association manager, engineering and landscape architect services — see sections 718.3026(2)(a) and 720.3055(2)(a)1.
Neither section limits an association's ability to obtain needed products and services in an emergency, and neither applies where the business entity is the only source of supply within the county serving the association.
The HOA statute carries additional exceptions at section 720.3055(2)(a)2, including renewals of contracts that were competitively bid where the board can cancel on 30 days' notice, and services provided by a local government franchise holder.
Note what is not on those lists. Janitorial and general maintenance services are not exempt categories. A cleaning contract over threshold needs competition.
What to add beyond the legal minimum
The statute sets a floor. A contract that survives three years of board turnover usually goes further.
Scope written by space, not by category. List the actual rooms and surfaces with a frequency against each. "Lobby, five times weekly" and "stairwells, twice weekly" is a scope. "Interior common areas, weekly" is an argument waiting to happen.
An explicit exclusions list. Say what is not included — balconies, unit interiors, post-event cleanup, construction debris. Silence reads as inclusion to a resident and as exclusion to a contractor.
Insurance requirements with the association named. General liability and workers' compensation, with certificates naming the association as additional insured, and a renewal date you actually diarise.
Supplies and consumables. Who buys paper goods, liners and soap, and at whose cost. This is a small number that generates a disproportionate amount of friction.
Access, keys and after-hours protocol. How the crew gets in, who holds credentials, and what happens outside business hours.
Termination terms. Notice period for either party, and whether the board can cancel for cause without penalty. Note the HOA statute treats 30-day cancellability as significant enough to affect renewal bidding.
A reporting expectation. Whether it is a signed log, a checklist or photographs, something should exist that a board can look at without taking anyone's word for it.
Where Ally Property Service fits
We write common area cleaning scopes space by space with a frequency against each line, because that is what the statute contemplates and because it is the only version that holds up when a board changes.
We are not your association attorney and this article is not a substitute for one. What we will do is give you a scope specific enough that your attorney has something real to review, and tell you plainly what is excluded before you sign rather than after a resident asks.
Frequently asked questions
Does Florida law require a written cleaning contract?
For condominiums, section 718.3026(1) requires contracts for the provision of services to be in writing. Section 718.3025 separately provides that a written maintenance or management contract is enforceable only if it contains six specified elements. For homeowners associations, section 720.3055(1) requires service contracts to be in writing.
What happens if a service is not written into the contract?
Under section 718.3025(3), "any services or obligations not stated on the face of the contract shall be unenforceable." In practice that means an association cannot compel a service it did not write down, which is why scope specificity matters more than contract length.
When does a janitorial contract have to go out for competitive bid?
For condominiums, when association payments in the aggregate exceed 5 percent of the total annual budget including reserves, under section 718.3026(1). For homeowners associations, the threshold is 10 percent under section 720.3055(1). Janitorial services are not among the exempt categories in either statute.
Do we have to accept the lowest bid?
No. Both sections state that nothing contained in them requires the association to accept the lowest bid. The obligation is to seek competitive bids, not to select on price alone.
Does the contract have to state crew size?
For contracts governed by section 718.3025, yes — subsection (1)(d) requires the contract to specify a minimum number of personnel to be employed by the contracting party. It is a commonly omitted term and a useful one to insist on.
Want a scope your attorney can actually review?
Call (727) 609-2559 or request a walkthrough. We will scope your common areas space by space, with frequency and exclusions stated, so what you sign matches what you get.
References
Statutory text in this article was taken from the Florida Senate's published statutes, current as of the 2025 edition, and checked on 9 October 2026:
Fla. Stat. § 718.3025 — Agreements for operation, maintenance, or management of condominiums; specific requirements.
Fla. Stat. § 718.3026 — Contracts for products and services; in writing; bids; exceptions.
Fla. Stat. § 720.3055 — Contracts for products and services; in writing; bids; exceptions (homeowners' associations).
This article is general information for Florida community associations and is not legal advice. Statutes are amended regularly and the version applying to your association may differ. Confirm the current text and how it applies to your governing documents with your association attorney before relying on anything here.
