Florida HOA Laws

Two Laws, Two Types of Communities

Florida governs community associations under two separate statutes depending on community type.

Not sure which applies to a specific community? Look at the governing documents — the Declaration will reference the applicable statute. For condominiums, see our plain-language guide to Chapter 718. Board members can compare what each chapter requires of them in our Chapter 718 vs. Chapter 720 side-by-side guide.

Homeowner Rights Under Florida Law

Right to Inspect Records

Florida Statute 720.303(5) gives members the right to inspect and copy the association's official records, including financial records, meeting minutes, contracts and governing documents. The HOA must make them available within 10 business days of a written request. If the request went by certified mail and the deadline passes, the law presumes the failure was willful, and the member can recover minimum damages of $50 a day for up to 10 days. Since 2024, a director or manager who knowingly and repeatedly blocks access with intent to harm commits a misdemeanor. Associations with 100 or more parcels must also post key documents on a website or app. See How to Request HOA Records in Florida.

Right to Attend Meetings

Board meetings are open to members, except meetings with the association's attorney about litigation and meetings about personnel matters (§720.303(2)). Members can speak on every designated agenda item.

• Board meetings: notice with the agenda must be posted conspicuously in the community at least 48 hours in advance, or mailed or delivered at least 7 days ahead, except in an emergency.
• Assessments and parcel-use rules: a board meeting where special assessments or changes to rules about parcel use will be considered needs 14 days' written notice, mailed or delivered and posted.
• Member meetings, including the annual meeting, need at least 14 days' notice (§720.306(5)).

Right to Vote and Run for the Board

Elections follow the procedures in the association's governing documents (§720.306(9)). Any member can run, except someone who is delinquent on money owed to the association when nominations close, or a person convicted of a felony whose civil rights haven't been restored for at least 5 years. An election isn't needed if there are no more candidates than open seats. Unless the documents say otherwise, directors are elected by a plurality of the votes cast.

A challenge to an election must be brought within 60 days after the results are announced, either in court or through binding arbitration with the Division of Florida Condominiums, Timeshares, and Mobile Homes.

Right to Challenge Violations

Before the HOA can fine you or suspend your use of common areas, it must give you written notice and a hearing before an independent committee (see Enforcement below). If you cure the violation before the hearing, no fine can be imposed.

HOA Financial Requirements

Budget and Reserve Requirements

The board prepares an annual budget showing estimated revenues, expenses and any surplus or deficit, and every member must receive a copy or a notice that one is free on request (§720.303(6)). Chapter 720 doesn't give members a vote to approve or reject the budget, though some governing documents do.

Reserves are optional for most HOAs. The budget may include reserve accounts for capital expenditures and deferred maintenance. Members can require them by a vote of a majority of the total voting interests, and once reserves are established, members can later vote to waive or reduce them by a majority vote at a meeting with a quorum. If the budget doesn't fully fund reserves, the association's financial report must say so in conspicuous type. See HOA Finances Explained.

Special Assessments

The board can't levy an assessment at a meeting unless the notice says assessments will be considered and describes them. For special assessments, that notice must be mailed, delivered or emailed to members and posted at least 14 days before the meeting (§720.303(2)). Your governing documents may require a membership vote for larger assessments.

Buyer Disclosure Requirements

Florida Statute 720.401 requires that a buyer in an HOA community receive a disclosure summary before signing the sale contract. It says the buyer must join the association, that recorded covenants govern the property, that assessments and special assessments are owed and can change, and that unpaid assessments can become a lien.

If the buyer doesn't get the summary before signing, they can cancel the contract within 3 days after receiving it, or before closing, whichever comes first. That right can't be waived. To see the governing documents and finances themselves, see How to Find a Florida HOA's Governing Documents and Florida HOA Estoppel Certificates.

What Rules Can My HOA Actually Make?

Florida HOA rules come from three places, and they don't carry equal weight:

1. The recorded declaration (CC&Rs) — the highest authority. Recorded in county records and binding on every parcel. Changing it usually needs a supermajority owner vote.
2. The bylaws — how the association operates: meetings, elections, board procedure.
3. Board-adopted rules and regulations — the day-to-day rules. These are the easiest to create and the easiest to challenge, because a board may only make rules the declaration empowers it to make.

Where these conflict, the declaration wins. A board-adopted rule that contradicts the recorded declaration is invalid, no matter how it was announced.

Florida law also puts certain things beyond the reach of any HOA rule, regardless of what the documents say — solar collectors and clotheslines (§163.04), flag display (§720.304(2)), hurricane protection (§720.3035(6)), architectural review that requires you to get a building permit first (§720.3035(1)(c)), and parking a personal or non-commercial work vehicle in your own driveway (§720.3075(3)(d)).

For the full test of whether a specific rule binds you — including selective enforcement and improperly adopted rules — see unenforceable HOA rules in Florida.

HOA Enforcement & Violations

Under Florida Statute 720.305, an HOA can fine a member, tenant or guest, or suspend their use of common areas, only after this procedure:

1. At least 14 days' written notice of your right to a hearing, describing the alleged violation and what you need to do to cure it.
2. A hearing within 90 days before a committee of at least three members who aren't officers, directors or employees of the association, or their close relatives. You can attend by phone or video.
3. The committee decides. If a majority doesn't approve the fine or suspension, it can't be imposed.
4. Written findings within 7 days after the hearing, including how to cure the violation and the date any fine is due, which must be at least 30 days later.

If you cure the violation before the hearing, or in the way the notice describes, no fine or suspension can be imposed. Attorney fees can't be charged to you for anything the board did before the fine's due date.

Fine limits:

• No more than $100 per violation, which can be levied for each day of a continuing violation
• No more than $1,000 in total for a continuing violation
• Either limit can be higher only if the governing documents say so
• A fine of less than $1,000 can't become a lien on your home

A suspension can't block access to your home or your right to park. Separately, an owner more than 90 days delinquent on money owed to the association can have common-area privileges suspended until paid.

Dispute Resolution

Chapter 720 sends most HOA disputes to presuit mediation before anyone can sue (§720.311). That covers disputes over the use of or changes to a parcel or the common areas, other covenant enforcement, amendments to the documents, board and committee meetings, membership meetings and access to official records. The party with the complaint serves a written demand for mediation first. Collecting assessments, fines and other money owed isn't subject to presuit mediation.

Election and recall disputes are different. They go to binding arbitration with the Division of Florida Condominiums, Timeshares, and Mobile Homes, or to court. They aren't eligible for mediation.

The prevailing party in an HOA lawsuit is generally entitled to attorney fees (§720.305(1)). Keep detailed records of every letter, email and meeting note. Documentation is your most important asset in any dispute.

Local County Considerations

In addition to state law, Florida HOAs may be subject to county and municipal ordinances governing noise, landscaping, short-term rentals, and signage. Always check your local code in addition to the HOA's own governing documents when evaluating restrictions.

Official Resources

• Florida Condo Laws: A Plain-Language Guide to Chapter 718
• Florida DBPR — Community Association Manager License Lookup
• Florida Statutes Chapter 720 — Homeowners' Associations (2026)
• Florida Statutes Chapter 718 — Condominiums (2026)

Statutory content on this page was last verified against the 2026 Florida Statutes on 2026-10-15. Confirm current statute text at flsenate.gov before relying on it.