Purposes, scope, and application

Common Elements summary — Section 720.302 sets out the legislature's purposes for Chapter 720 and defines its scope. The chapter is intended to give statutory recognition to homeowners' associations that operate residential communities, to provide procedures for operating those associations, to protect the rights of association members, and to provide rules that supersede inconsistent provisions of pre-existing governing documents. The key interpretive principle: Chapter 720 is a floor, not a ceiling. Where the chapter requires a procedure (notice, hearing, recordkeeping), governing documents cannot waive it. Where the chapter is silent or sets a default, governing documents control. Where the chapter conflicts with older recorded documents, the chapter generally wins for procedural matters but yields to vested property rights in the documents themselves. For boards: the practical takeaway is that "our declaration says we don't have to do that" is often wrong when "that" is a Chapter 720 procedural requirement. When in doubt, comply with the statute and amend the declaration to match.

Not legal advice. Click through to the official source for statutory text.