Chapters 718 and 720, Florida Statutes

    Florida HOA Law

    Chapters 718 and 720

    Florida community associations are governed by two statutes. Homeowners' associations are governed by Chapter 720, the Homeowners' Association Act. Condominium associations are governed by Chapter 718, the Condominium Act. Each chapter sets board powers and duties, owners' rights to meetings and records, how fines and suspensions work, and how assessment liens are enforced. The recorded declaration states which chapter applies.

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    Key topics

    Where to find the rules that come up most often for Florida homeowners and boards.

    HOA board meetings and records

    § 720.303, Fla. Stat.

    Board meeting notice and access, official records members may inspect, budgets, and financial reporting for a homeowners' association.

    HOA architectural control

    § 720.3035, Fla. Stat.

    Limits on how a homeowners' association may apply architectural and use restrictions to an owner's improvements.

    HOA fines and suspensions

    § 720.305, Fla. Stat.

    Notice and a hearing before an independent member committee are required before a homeowners' association imposes a fine or a compliance suspension.

    HOA meetings and elections

    § 720.306, Fla. Stat.

    Quorum, annual meetings, voting and election procedures, and amendments to the governing documents of a homeowners' association.

    HOA assessments and liens

    § 720.3085, Fla. Stat.

    How homeowners' association assessments become liens, how payments are applied, and the notices required before collection.

    HOA dispute resolution

    § 720.311, Fla. Stat.

    Presuit mediation and other alternative dispute resolution requirements for certain homeowners' association disputes.

    Condo association records

    § 718.111, Fla. Stat.

    A condominium association must keep official records and make them available for inspection and copying. After a written request, records must be made available within 10 working days, and the association may not require the owner to state a reason.

    Condo board meetings

    § 718.112, Fla. Stat.

    Board meetings of a residential condominium at which a quorum is present are open to unit owners. Notice that identifies the agenda must be posted at least 48 continuous hours beforehand. Meetings with the association's attorney about litigation, and meetings about personnel, may be closed.

    Condo elections

    § 718.112, Fla. Stat.

    Residential condominium directors are elected by written ballot or voting machine. The association gives a first notice at least 60 days before the election, and a candidate must give written notice of intent at least 40 days before. Proxies may not be used to elect the board.

    Condo reserves and structural integrity

    § 718.112, Fla. Stat.

    The annual budget must fund reserves for capital expenditures and deferred maintenance. A residential condominium association responsible for a building of three habitable stories or higher must obtain a structural integrity reserve study. Willful failure to complete that study is a breach of an officer's or director's fiduciary duty.

    Condo assessments and liens

    § 718.116, Fla. Stat.

    A unit owner is liable for assessments that come due during ownership, and is jointly and severally liable with the previous owner for unpaid assessments that came due before the transfer. The association's lien secures those assessments. A foreclosure judgment may not be entered until at least 45 days after written notice to the unit owner.

    Condo fines and suspensions

    § 718.303, Fla. Stat.

    A condominium fine may not exceed $100 per violation or $1,000 in the aggregate, and it may not become a lien against the unit. The board must first give at least 14 days' written notice and an opportunity for a hearing before a committee of at least three members who are not officers, directors, employees of the association, or the spouse, parent, child, brother, or sister of one of those persons.

    Condo dispute resolution

    § 718.1255, Fla. Stat.

    Before filing many condominium disputes in court, a party must petition the Division of Florida Condominiums, Timeshares, and Mobile Homes for nonbinding arbitration or begin presuit mediation. Election and recall disputes are handled separately. The section does not cover assessment collection, title disputes, or claims for breach of fiduciary duty.

    Florida FAQ

    Chapter 720, the Homeowners' Association Act, covers homeowners' associations for parcels such as single-family homes and townhomes. Chapter 718, the Condominium Act, governs condominium associations. The community's recorded declaration states which chapter applies.

    Section 720.305 allows a homeowners' association to levy fines for violations of the declaration, bylaws, or reasonable rules. Unless the governing documents set a different amount, a fine may not exceed $100 per violation or $1,000 in the aggregate, and a fine of less than $1,000 may not become a lien against the parcel. The owner must first receive at least 14 days' written notice and a hearing before a committee of at least three members who are not officers, directors, employees of the association, or the spouse, parent, child, brother, or sister of one of those persons.

    Section 718.303 allows a reasonable fine for failure to comply with the declaration, bylaws, or reasonable rules. The fine may not exceed $100 per violation or $1,000 in the aggregate, and a fine may not become a lien against the unit. The board must give at least 14 days' written notice and a hearing before an independent committee before the fine is imposed.

    Section 720.303 lists a homeowners' association's official records, including governing documents, minutes, financial records, and contracts, and gives members a right to inspect and copy them, subject to stated exceptions. Section 718.111 does the same for a condominium association and requires records to be made available within 10 working days after a written request.

    This page is general information about Florida law, not legal advice. Statutes change; confirm current text with the official code and consult a licensed attorney about your situation.