Florida HOA Laws
A plain-language overview of Florida Statutes 718 and 720 — homeowner rights, enforcement procedures, financial requirements, and dispute resolution in Florida HOA communities.
Two Laws, Two Types of Communities
Florida governs community associations under two separate statutes depending on community type.
Florida Statute 718
The Condominium Act
Governs condominium associations. Applies when homeowners own individual units with shared ownership of common elements — land, structure, and amenities.
Florida Statute 720
The Homeowners Association Act
Governs HOAs in planned unit developments (PUDs). Applies when homeowners own their lots and homes outright and share common areas through HOA membership.
Not sure which applies to a specific community? Look at the governing documents — the Declaration will reference the applicable statute.
Homeowner Rights Under Florida Law
Right to Inspect Records
Florida Statute 720.303(5) gives homeowners the right to inspect and copy official HOA records — financial statements, meeting minutes, contracts, and governing documents. The HOA must make records available within 5 business days of a written request. Failure to comply can result in a $50/day fine against the HOA.
Right to Attend Meetings
Board meetings must be open to all members, with two exceptions: attorney-client privileged discussions and personnel matters. The HOA must post notice of meetings at least 48 hours in advance (14 days for annual meetings). You have the right to speak during designated homeowner comment periods.
Right to Vote and Run for the Board
Members in good standing may vote in HOA elections and run for the board. Florida law sets specific election procedures to prevent manipulation, including the right to request third-party election supervision for communities with 10+ units. Elections must use a secret ballot.
Right to Challenge Violations
Before the HOA fines you for a violation, it must follow a due process procedure (see Enforcement below). The HOA cannot skip steps or impose fines without proper notice and a hearing. Violations of this procedure are enforceable against the HOA.
HOA Financial Requirements
Budget and Reserve Requirements
HOAs must adopt an annual budget and provide members with a summary at least 14 days before the budget meeting. Members may vote to approve or reject the budget; if rejected, the board can still implement it or revert to the prior year's budget.
Florida law recommends — but does not require — that HOAs maintain adequate reserves. Members may vote to waive or reduce reserve contributions, which shifts future financial risk to all homeowners.
Special Assessments
Special assessments must be approved by the board at a properly noticed meeting. The HOA's bylaws may set dollar thresholds that require membership approval for larger assessments. Sellers are required by FS 720.401 to disclose pending or recently approved special assessments to buyers.
Buyer Disclosure Requirements
Florida Statute 720.401 requires sellers to provide buyers with:
- Current governing documents (CC&Rs, bylaws, rules)
- Most recent financial report
- Notice of any pending special assessments
- Notice of any pending litigation
Buyers have 3 business days to rescind the purchase contract after receiving these documents.
HOA Enforcement & Violations
Under Florida Statute 720.305, before an HOA can fine a homeowner, it must follow this procedure:
- Written notice of the alleged violation
- Reasonable opportunity to cure (fix) the violation
- If uncured, written notice of hearing at least 14 days in advance
- Hearing before a fining committee — a group of at least 3 non-board-member residents; the homeowner can attend and respond
- Fine imposed only if the committee confirms it is warranted
Fine limits:
- Maximum $100 per violation per day
- Maximum $1,000 aggregate per violation — unless the governing documents explicitly authorize higher amounts
The HOA cannot skip the fining committee or impose fines without following this process. If they do, challenge it in writing immediately.
Dispute Resolution
Florida law requires mandatory non-binding arbitration through the Division of Florida Condominiums, Timeshares, and Mobile Homes before either party can file suit over most HOA disputes.
The arbitration process is:
- Free or low-cost compared to litigation
- Faster — typically resolved in months, not years
- Non-binding — either party can still go to court if unsatisfied
Keep detailed records of all communications with the HOA — 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
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