Chapter 718 vs. Chapter 720: How Florida Condo and HOA Board Duties Differ

Florida runs its community associations under two different laws. Chapter 718, the Condominium Act, governs condo associations. Chapter 720, the Homeowners' Association Act, governs HOAs. The two look similar on the surface, and many board members assume they work the same way.

They don't. Condo boards face stricter meeting rules, a term limit, mandatory reserves, and building-safety requirements that don't apply to HOAs at all. HOA boards have more flexibility, and less state oversight.

This guide compares what each chapter requires of the board, side by side, as of the 2026 Florida Statutes.

Which chapter governs your association

Start with your documents. Your declaration (a declaration of condominium for a condo, a declaration of covenants for an HOA) and your articles of incorporation will say which chapter the association operates under.

The basic difference is what owners own:

• Condominium (Chapter 718): each owner owns a unit plus a shared interest in the common elements, such as the building structure, roof, and grounds.
• HOA (Chapter 720): each owner owns their parcel (typically a house and lot) outright. The association operates the community, membership is mandatory, and it can levy assessments that may become a lien on the parcel (§720.301).

The chapters don't overlap. Chapter 720 "does not apply to any association that is subject to regulation under chapter 718," unless a condo provision is expressly incorporated into Chapter 720 (§720.302(4)). A condo association is governed by Chapter 718, not both.

Both kinds of associations are also corporations, so corporate law applies on top. Most are nonprofits under Chapter 617, which was substantially revised effective July 1, 2026.

Side-by-side: condo vs. HOA board obligations

Every row verified against the 2026 Florida Statutes on September 27, 2026. Florida changes these rules often, so check the "verified" date before relying on any row.

Education and term limits

Both chapters require new directors to get educated, but the details differ enough to trip up anyone who serves on both kinds of boards.

Condo directors have a wider window. They can complete the requirement up to one year before being elected, or within 90 days after. They must submit both a signed written certification and a course certificate to the association's secretary. The course must be at least four hours and include topics such as milestone inspections and structural integrity reserve studies. The certification lasts seven years with one hour of continuing education a year.

HOA directors have 90 days after taking office and there's no written-certification alternative. The certificate is good for up to four years, and continuing education is four or eight hours a year depending on community size. See our full guide to Florida HOA board member certification.

Term limits are condo-only. A condo director can serve no more than eight consecutive years, with two exceptions: two-thirds of the votes cast in the election approve a longer stay, or there aren't enough eligible candidates to fill the seats. Only service since July 1, 2018 counts. Chapter 720 has no term limit.

Meetings and notice

The core rules match. In both, board meetings must be noticed and open to owners, and a board can close a meeting only to talk with its attorney about proposed or pending litigation or to discuss personnel matters. Directors can't vote by email, by proxy, or by secret ballot except when electing officers. And a director who's present is presumed to agree with an action unless they vote no or abstain (§718.111(1)(b) for condos; §617.0824(4) for HOAs).

Condo boards carry two extra obligations:

• Quarterly meetings. Residential condo boards with more than 10 units must meet at least once a quarter, and at least four meetings a year must include time for owners to ask the board questions.
• Continuous posting. Notice must be posted for 48 continuous hours.

Records and financial reporting

Records timing is effectively the same. Both chapters require access within 10 days of a written request (condos count "working days," HOAs "business days"). Both set minimum damages of $50 a day, for up to 10 days, for willful failures.

The differences are in retention and posting:

• Condo associations must keep core records permanently from the association's creation. HOAs keep official records at least seven years.
• Condos with 25 or more units must post specified documents on a website or app. For HOAs, the threshold is 100 parcels.

Annual financial reports follow the same basic rules in both chapters. The report is due within 90 days after the fiscal year ends, and revenue sets the level: a report of cash receipts and expenditures below $150,000, compiled statements from $150,000, reviewed from $300,000, and audited from $500,000.

Two differences matter:

• Large HOAs. An HOA with 1,000 or more parcels must have audited statements whatever its revenue (§720.303(7)). Chapter 718 has no parcel- or unit-count rule.
• Voting for a lower level. Owners in both can vote for a less rigorous report, but not in consecutive years. Condo owners need a majority of all voting interests, before the fiscal year ends (§718.111(13)). HOA owners need a majority of the voting interests present at a properly called meeting (§720.303(7)).

Reserves and building safety: where the chapters diverge most

This is the biggest practical difference between serving on a condo board and an HOA board.

Condo reserves are mandatory, and some can't be waived

Condo budgets must include reserves for roof replacement, building painting, and pavement resurfacing, whatever their cost. They must also cover any other item with a deferred maintenance or replacement cost above $25,000 (or the Division's inflation-adjusted figure, if higher).

Owners can still vote to waive or reduce reserves, by a majority of all voting interests. But for budgets adopted on or after December 31, 2024, an association required to have a structural integrity reserve study can't waive or reduce reserves for the items the study covers.

There is limited relief. For budgets adopted on or before December 31, 2028, an association that completed a milestone inspection within the previous two calendar years can pause or reduce reserve contributions for up to two consecutive annual budgets to pay for the repairs the inspection recommends. The pause needs approval from a majority of all voting interests, and it isn't available while the developer controls the association. A unit-owner-controlled association can also use a line of credit or loan to fund capital expenses a milestone inspection or SIRS requires (§718.112(2)(f)).

SIRS and milestone inspections

Two building-safety programs, both created after the 2021 Surfside collapse, apply to condos:

• Structural integrity reserve study (SIRS). Required for each condo building three habitable stories or higher, at least every 10 years. Unit-owner-controlled associations that existed on or before July 1, 2022 had to complete their first study by December 31, 2025. An association whose milestone inspection is due by December 31, 2026 can do the two together, but no SIRS can be completed later than December 31, 2026 (§718.112(2)(g)).
• Milestone inspection. Required for condo and cooperative buildings three habitable stories or more by December 31 of the year the building turns 30, then every 10 years. Local building officials can require it at 25 based on conditions such as proximity to salt water (§553.899).

For buyers and owners, our guide to condo milestone inspections and reserves explains what these mean for a purchase.

HOA reserves are a choice

Chapter 720 says an HOA budget "may include" reserves. They become required once a majority of the total voting interests votes to establish them. Once established, owners can waive or reduce them by majority vote at a meeting with a quorum, and each waiver covers only one budget year (§720.303(6)(f)).

An HOA that doesn't fully fund reserves, and maintains capital improvements that could lead to special assessments, must print a specific warning in its annual financial report saying so (§720.303(6)(c)).

Chapter 720 has no SIRS requirement, and the milestone inspection law doesn't reach single-family homes or small multifamily buildings of three or fewer stories. That doesn't mean HOA boards can ignore aging clubhouses, roads, and drainage. It means planning for them is the board's call, and so is the risk of special assessments if it doesn't.

Fines, disputes, and oversight

Fines work almost the same way under both chapters: up to $100 per violation, $1,000 in total, and a hearing before a committee of at least three owners who aren't officers, directors, or employees, or the spouse, parent, child, brother, or sister of one. The key difference is liens. A condo fine can never become a lien on a unit. An HOA fine of $1,000 or more can. See what happens if you don't pay an HOA fine in Florida.

Disputes follow different paths before anyone can sue:

• Condos: for most governance disputes, a party must either petition the Division for nonbinding arbitration or start presuit mediation before filing suit.
• HOAs: covenant, meeting, and records disputes go to presuit mediation. The Division handles only election and recall disputes, by binding arbitration. Collections of assessments and fines are excluded from mediation.

See Florida HOA dispute resolution for the HOA process.

State oversight is the sharpest contrast. The Division of Florida Condominiums, Timeshares, and Mobile Homes can investigate condo owners' complaints on a long list of subjects, including finances, elections, records, meetings, and structural studies. For HOAs, the Division states plainly that it "does not have authority to investigate complaints under Chapter 720."

Personal liability for directors also runs through different language. The condo chapter has its own director-liability provision (§718.111(1)(d)), while HOA directors rely on the general nonprofit protection in §617.0834, which was rewritten in 2026. See fiduciary duty for Florida HOA board members. Condo directors should ask their association's attorney how the 2026 change applies to them.

Master associations and mixed communities

Many Florida communities combine the two: a master association covers the whole development, and one or more condominium associations operate individual buildings inside it.

In that structure, the master association typically operates under Chapter 720, and each condo association operates under Chapter 718. Because Chapter 720 doesn't apply to associations regulated under Chapter 718 (§720.302(4)), a condo association doesn't take on HOA rules just because it sits inside an HOA community. Condo owners typically answer to both associations under their respective documents.

If you serve on both boards, keep the rules separate. A master board meeting follows Chapter 720's notice and closed-meeting rules, while the condo board follows Chapter 718's. Check your declarations and articles to confirm how your community is set up.

Frequently asked questions

What is the difference between Florida Statute 718 and 720? Chapter 718 governs condominium associations, where owners own units plus a share of common elements. Chapter 720 governs HOAs, where owners own their parcels outright. Condo boards face stricter rules on meetings, reserves, term limits, and building safety, and more state oversight.

What are the responsibilities of a condo board of directors in Florida? Condo directors must complete certification, meet at least quarterly (more than 10 units), keep and provide records, adopt a budget with mandatory reserves, complete structural integrity reserve studies and milestone inspections for buildings three stories or higher, and follow Chapter 718's fining and dispute rules.

Do Florida HOAs need a structural integrity reserve study? No. The SIRS requirement is in Chapter 718 and applies to condo buildings three habitable stories or higher. Chapter 720 has no equivalent.

Do HOA board members need the same certification as condo board members? No. Both must be educated, but the rules differ. HOA directors have 90 days after taking office and a certificate valid up to 4 years. Condo directors can certify up to a year before or 90 days after, and their certification lasts 7 years.

Is there a term limit for Florida condo board members? Yes. Eight consecutive years, unless two-thirds of the votes cast approve a longer term or there aren't enough candidates. HOA directors have no statutory term limit.

Who regulates HOAs in Florida? No state agency investigates general HOA complaints. The Division arbitrates HOA election and recall disputes, and most other disputes go to presuit mediation and then the courts. Condo associations have broader oversight from the Division.

Learn more

• HOA Board Member Duties
• Florida HOA Board Member Certification
• Fiduciary Duty for Florida HOA Board Members
• Florida Condo Milestone Inspections and Reserves
• Florida Statutes Chapter 718 — Condominiums
• Florida Statutes Chapter 720 — Homeowners' Associations
• Florida Statute 553.899 — Milestone inspections

Statutory content on this page was last verified against the 2026 Florida Statutes on 2026-09-27. Confirm current statute text at flsenate.gov before relying on it.