Educational reference only — not legal advice

Common Elements is not a law firm and does not provide legal services. Plain-English summaries, topic guides, and synced statutory text help you find the right citation faster — always confirm the current official version on the official leg.state.fl.us (statutes) or flrules.org (administrative rules) before relying on any citation.

Viewing Florida statutes

Fla. Stat. § 720.402

Publication of false and misleading information.

amendmentsrecordinggoverning-documentsgovernance

Save section

View official text on leg.state.fl.us

Plain-English summary

Common Elements summary — Section 720.402 confirms that amendments to a Florida HOA's governing documents are effective only when recorded in the public records of the county where the community sits. The recording requirement applies to amendments of the declaration, articles, and bylaws — anything that purports to bind successor owners. The section also requires that the recorded amendment identify the book and page (or instrument number) of the original recorded document being amended, and that the amendment be certified by the association's president or vice president and attested by the secretary. For boards: unrecorded amendments are the most common chain-of-title defect in Florida HOA practice. A board votes to amend a use restriction, distributes the new restriction to owners, and enforces it for years — only to lose an enforcement action because the amendment was never recorded. Build a calendar reminder for "record the amendment" the day after any membership vote on a governing-document change, and have association counsel handle the recording as a routine matter. The recording fee is under $200; the cost of losing enforcement authority is unlimited.

Not legal advice. Statute reference is for education only — confirm citations on official sources and consult a Florida attorney for your situation.

Statutory text

Search all statutes

Any person who, in reasonable reliance upon any material statement or information that is false or misleading and published by or under authority from the developer in advertising and promotional materials, including, but not limited to, a contract of purchase, the declaration of covenants, exhibits to a declaration of covenants, brochures, and newspaper advertising, pays anything of value toward the purchase of a parcel in a community located in this state has a cause of action to rescind the contract or collect damages from the developer for his or her loss before the closing of the transaction. After the closing of the transaction, the purchaser has a cause of action against the developer for damages under this section from the time of closing until 1 year after the date upon which the last of the events described in paragraphs (a) through (d) occurs: (a) The closing of the transaction; (b) The issuance by the applicable governmental authority of a certificate of occupancy or other evidence of sufficient completion of construction of the purchaser’s residence to allow lawful occupancy of the residence by the purchaser. In counties or municipalities in which certificates of occupancy or other evidences of completion sufficient to allow lawful occupancy are not customarily issued, for the purpose of this section, evidence of lawful occupancy shall be deemed to be given or issued upon the date that such lawful occupancy of the residence may be allowed under prevailing applicable laws, ordinances, or statutes; (c) The completion by the developer of the common areas and such recreational facilities, whether or not the same are common areas, which the developer is obligated to complete or provide under the terms of the written contract, governing documents, or written agreement for purchase or lease of the parcel; or (d) In the event there is not a written contract or agreement for sale or lease of the parcel, then the completion by the developer of the common areas and such recreational facilities, whether or not they are common areas, which the developer would be obligated to complete under any rule of law applicable to the developer’s obligation. Under no circumstances may a cause of action created or recognized under this section survive for a period of more than 5 years after the closing of the transaction.

In any action for relief under this section, the prevailing party may recover reasonable attorney’s fees. A developer may not expend association funds in the defense of any suit under this section.

Synced from the Florida Legislature’s official site. Verify the current version before citing.

Free account

A free account unlocks bookmarks, PDF export, uploaded governing documents, and side-by-side search with Florida statutes.

Bookmark statute sections you cite in meetings
Upload CC&Rs and bylaws with the same section finder
Ask questions in the Common Area forum

Common Elements is the always-on industry expo for community associations — vendor hall, professional community, and structured procurement, open 24/7. It complements the management and accounting software you already use; it does not replace it.

Publication of false and misleading information.

Plain-English summary

Statutory text

Community discussion

Your governing documents

Plain-English summary

Statutory text

Save your place and go deeper

Community discussion

Your governing documents