Florida statute reference · Chapter 720
Florida Homeowners Association Act
Chapter 720 of the Florida Statutes governs homeowners associations - communities where owners hold fee-simple title to individual parcels. Annotations reflect current law through 2024.
Statute citations reviewed by the Common Elements editorial team, which includes a Florida-licensed community association manager (LCAM) and insurance broker - Florida Licensed Community Association Manager, 2-20 & 6-20.
F.S. § 720.301§ 720.301 - Definitions
Defines the terms used throughout Chapter 720, including homeowners association, parcel, common areas, governing documents, and official records. Establishes the statutory definitions that courts use when interpreting HOA disputes.
- HOA defined (Florida corporation, obligated to maintain common areas)
- Parcel vs. common area distinction
- Governing documents: declaration, articles, bylaws, and rules
- Official records: 10-business-day inspection right
- Assessment: regular vs. special
F.S. § 720.302§ 720.302 - Purposes, scope, and application of this chapter
The foundational purpose and scope provision for Chapter 720. The Legislature's finding that HOAs must operate in a fair and businesslike manner, and the policy that the state encourages community associations. Establishes which HOAs are subject to Chapter 720 (including grandfather rules for pre-1992 associations) and what happens when governing documents conflict with mandatory statutory provisions.
- State policy: encourage community associations
- HOAs must operate fairly and in businesslike manner
- Scope: all qualifying Florida HOAs subject to Chapter 720
- Mandatory provisions supersede conflicting governing documents
- Pre-1992 HOA grandfather protection (progressively narrowed)
F.S. § 720.303Amended 2021, 2023§ 720.303 - Association powers and operations
The operational core of Chapter 720. Covers board meeting notice requirements (48 hours for regular meetings), the right of members to attend board meetings, annual meeting procedures, budget adoption (14-day mailing requirement), access to official records, and the financial reporting obligations of the association based on its annual revenue.
- 48-hour board meeting notice requirement
- Member right to attend all board meetings
- Annual meeting and budget adoption procedures
- 14-day mailed budget notice before adoption
- Official records: 10-business-day inspection right
- Financial reporting tiers by annual revenue
F.S. § 720.305§ 720.305 - Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights
The HOA's primary enforcement tool. Establishes the procedures for levying fines (up to $100/day, $1,000 maximum per violation), the mandatory requirement for a fines committee before any fine is imposed, hearing notice requirements (at least 14 days), and the association's ability to suspend a member's right to use common areas and amenities for violations.
- Fine cap: $100/day, $1,000 maximum
- Mandatory fines committee before any fine
- At least 14 days' written notice before hearing
- Suspension of use rights for non-payment
- No suspension of voting rights for fines alone
F.S. § 720.306§ 720.306 - Meetings of members; voting and election procedures; amendments
Governs annual and special meetings of HOA members, election procedures, quorum requirements, and the process for amending the declaration, bylaws, and rules. Addresses voting by proxy, notice requirements, and the minimum threshold for amendments to governing documents.
- Annual and special meeting notice requirements
- Quorum requirements for member votes
- Election procedures and candidate eligibility
- Proxy voting rules
- Governing document amendment thresholds
F.S. § 720.304§ 720.304 - Rights of owners
The HOA parcel owner's bill of rights - statutory rights that no declaration, bylaw, or board rule can take away. Includes the right to peacefully assemble in common areas, to display the US flag (one portable, removable flag, regardless of any HOA rule), to display political signs during election windows, and to install solar energy devices. Also confirms the owner's right to attend and speak at all open board meetings.
- Right to peaceful assembly in common areas for any lawful purpose
- US flag display right - no HOA rule can prohibit it
- Political sign display right during election windows (±45/7 days)
- Solar panel and renewable energy device installation right
- Right to attend and speak at all open board meetings
F.S. § 720.3033§ 720.3033 - Officers and directors; definitions; powers and duties; compensation; liability
The governance accountability section for Florida HOA boards. Establishes director qualifications (current in assessments, no disqualifying felony conviction), the 90-day certification requirement (must certify knowledge of governing documents and Chapter 720 or complete a DBPR-approved course), conflict-of-interest disclosure and abstention rules, financial reporting obligations, and the business judgment rule protecting good-faith board decisions from personal liability.
- Director qualifications: parcel owner, current in assessments
- 90-day certification: read governing docs and Chapter 720, or take DBPR course
- Delinquency (90+ days): director suspended until cured
- Conflict of interest: disclose before vote, abstain from voting
- Business judgment rule: no personal liability for good-faith decisions
F.S. § 720.3035§ 720.3035 - Architectural control covenants; parcel owner improvements; rights and privileges
Establishes the framework for HOA architectural review and approval processes. Requires the association to respond to architectural applications within 30 days; failure to respond is deemed approval. Limits the association's ability to deny applications that comply with governing documents.
- 30-day response deadline for ARC applications
- Silence deemed approval after 30 days
- Association cannot deny compliant applications
- ARC committee composition and authority
F.S. § 720.3085§ 720.3085 - Payment of assessments; interest; late fees; lien and priority; collection
The financial enforcement backbone of the Florida HOA Act. Governs when assessments become delinquent, how the HOA lien is perfected (requires recording a claim of lien - not automatic like a condo lien), interest cap (18%/year), attorney's fee recovery, the HOA's foreclosure authority, and the safe harbor for first mortgagees acquiring title at foreclosure (liability capped at lesser of 1% of mortgage amount or 12 months of assessments). Note: estoppel certificates are governed separately by § 720.30851.
- Assessment delinquency: follows governing documents timeline
- HOA lien requires recording a claim of lien to be enforceable
- Interest cap: 18% per year on delinquent assessments
- Attorney's fees: recoverable by prevailing party in collection
- First mortgagee safe harbor at foreclosure (1% or 12 months cap)
F.S. § 720.30851Unified fee schedule with § 718.116(8) in 2017§ 720.30851 - Estoppel certificates
Governs estoppel certificates for Florida HOAs. Requires delivery within 10 business days of a written request. Fee caps: $299 for current accounts, $478 for delinquent accounts ($299 base plus a $179 surcharge), plus $119 for expedited (3-business-day) delivery. An association that fails to deliver on time may not collect amounts not disclosed; the buyer is protected from undisclosed amounts.
- 10-business-day delivery requirement
- Standard fee cap: $299 (current) / $478 (delinquent)
- Expedited fee add-on: $119 for 3-business-day delivery
- Late delivery = waiver of undisclosed amounts
- Who can request: seller, buyer, title agent, lender, attorney
F.S. § 720.401§ 720.401 - Prospective parcel owners; disclosure required prior to sale
Requires sellers of parcels in HOA communities to provide buyers with a disclosure summary before signing a contract. The disclosure must identify the existence of the HOA, the mandatory assessment obligation, and the existence of any rental restrictions. Buyers have a 3-day right of rescission after receiving the disclosure.
- Mandatory HOA disclosure before contract signing
- 3-day rescission right after disclosure
- Mandatory assessment obligation disclosed
- Rental restriction disclosure
Chapter 720 FAQ
- How much notice does a Florida HOA board need to give before a meeting?
- Under F.S. § 720.303(2), the board must post notice of a regular board meeting at least 48 continuous hours before the meeting at a conspicuous location within the community. For annual meetings, at least 14 days' mailed or electronically delivered notice is required. Emergency meetings (if allowed by bylaws) may be held with shorter notice, but the board must document the emergency basis.
- What is the maximum fine a Florida HOA can impose under § 720.305?
- Florida HOA fines are capped at $100 per day per violation and $1,000 total for any single violation, unless the governing documents specify a lower amount. The association may not impose fines without first providing at least 14 days' written notice of a hearing before a fines committee (separate from the board). The committee must approve the fine; the board alone cannot levy a fine.
- What is an HOA estoppel certificate and how long does the association have to deliver it?
- An estoppel certificate for a Florida HOA (governed by § 720.30851) is a document stating the current balance of assessments, fees, and fines owed on a parcel, plus any open violations. The association must deliver it within 10 business days of receiving a written request from the seller, buyer, title agent, lender, or closing attorney. If the association fails to deliver within 10 business days, the buyer is protected from any amounts not disclosed.
- Can a Florida HOA deny an architectural application under § 720.3035?
- The HOA has limited grounds to deny an architectural application. Under § 720.3035, the association must respond within 30 days; silence is deemed approval. The association may only deny an application that fails to comply with the governing documents (declaration, bylaws, rules, and properly adopted ARC guidelines). An association that denies a compliant application may face a civil action. The ARC does not have unfettered discretion - its decisions must be supported by the governing documents.
- Does Chapter 720 apply to condominiums?
- No. Chapter 720 applies to homeowners associations - communities where owners hold fee-simple title to individual lots or parcels. Condominium associations (where owners hold unit interests in a shared structure) are governed by Chapter 718. Some Florida mixed-use or master-planned communities have both an HOA and a condominium association; in that case, both statutes apply to their respective entities.
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