Living in a Florida HOA

You Have More Rights Than You Might Think

Many Florida HOA residents don't know the full scope of protections the law gives them. Florida Statutes 718 and 720 set minimum rights for every homeowner — the HOA's own governing documents cannot take these away, though they can add to them.

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Your Right to Meeting Access

Board meetings must be open to all members with at least 48 hours advance notice. Annual meetings require 14 days notice. Exceptions: attorney-client privileged discussions and certain personnel matters may be heard in executive session.

At every meeting, you have the right to:

• Attend and observe the entire open session
• Speak during the designated homeowner comment period
• Record the proceedings (audio or video)

Get in the habit of attending at least a few meetings per year. Meeting minutes become the official record — your presence ensures accuracy.

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Running for the Board

Any member in good standing may run for the board. You don't need prior experience, and it's one of the most direct ways to influence how your community is managed.

To run:

1. Submit a notice of intent to run before the designated deadline (check your bylaws for timing)
2. Provide a candidate information sheet (optional but recommended)
3. Participate in the election — voting is by secret ballot under Florida law

If you believe an election was conducted improperly, you can challenge it through the Division of Florida Condominiums, Timeshares, and Mobile Homes.

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Requesting HOA Records

Florida Statute 720.303(5) gives you the right to inspect and copy:

• Financial statements and budgets
• Meeting minutes (board and annual meetings)
• Contracts with vendors
• Governing documents
• Insurance policies
• Correspondence sent on behalf of the HOA

How to request records:

1. Submit a written request to the HOA or its management company
2. The HOA must make records available within 5 business days
3. Failure to comply can result in a $50/day fine against the HOA

Keep a copy of every request you send and note the date. If the HOA doesn't respond within 5 business days, you have grounds for a complaint.

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Understanding Violations

If you receive a violation notice, don't ignore it — but don't assume the HOA is right either. The law requires a specific process before any fine can be imposed.

The required process (FS 720.305):

1. Written notice of the alleged violation
2. A reasonable opportunity to cure (fix) the issue
3. If uncured: written notice of a hearing at least 14 days in advance
4. A hearing before the fining committee — at least 3 non-board residents who evaluate whether a fine is warranted
5. You may attend the hearing, bring documentation, and respond to the allegations
6. A fine is only valid if the committee confirms it

If the HOA skips any step, the fine is not enforceable. Respond in writing, cite FS 720.305, and request documentation that each step was followed.

Fine limits: $100/day per violation, $1,000 aggregate — unless your governing documents authorize higher amounts and your community has properly adopted them.

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Dispute Resolution

Florida offers a mandatory non-binding arbitration program through the Division of Florida Condominiums, Timeshares, and Mobile Homes before either party can pursue litigation. This program:

• Is free or low-cost
• Resolves many disputes without going to court
• Applies to most disputes between homeowners and HOAs

If arbitration doesn't resolve the dispute, you can proceed to circuit court.

Keep records of everything. Every letter, email, phone call (with date and who you spoke with), and HOA communication. If a dispute escalates, documentation is what wins.

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Florida-Specific Considerations

Hurricane Season (June–November)

Most of Florida is in a hurricane zone. Know your HOA's responsibilities:

• What does the HOA's insurance cover? (common structures, landscaping, shared amenities)
• What does your individual homeowner's policy need to cover?
• Does the HOA have emergency vendor contracts for post-storm cleanup?
• Has the community faced hurricane-related special assessments in the past?

Post-storm special assessments can be substantial in communities with shared structures or inadequate insurance coverage.

Short-Term Rental Rules

Many Florida communities restrict short-term rentals (Airbnb, VRBO). Florida law limits HOA power to retroactively restrict this right for existing homeowners, but new buyers are bound by current restrictions. Read the CC&Rs before listing your property on any rental platform.

HOA Insurance in Florida

HOA insurance costs have increased significantly since 2020. Ask your HOA about:

• Current coverage amounts and carrier
• Any recent coverage reductions or policy changes
• Whether assessments have been levied to cover increased premiums

A community with lapsing or inadequate insurance exposes all homeowners to greater financial risk.

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Quick Reference: Key Deadlines

Action	Deadline
Records request response	5 business days
Violation hearing notice	14 days minimum advance notice
Board meeting notice	48 hours minimum
Annual meeting notice	14 days minimum
Buyer rescission period	3 business days after receiving disclosure packet