HOA Laws in Florida

Homeowners associations in Florida are governed by the Homeowners' Association Act, Chapter 720 of the Florida Statutes. Condominiums are governed by Chapter 718 and cooperatives by Chapter 719. This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing statute

Chapter 720 sets baseline rules for Florida HOAs, covering meetings, records, elections, assessments, and fines, and it works alongside your community's recorded governing documents. In addition, most Florida HOAs are incorporated as not-for-profit corporations, so Chapter 617 also governs corporate matters such as member and board meetings, director duties, quorum, and voting. Condominium communities should look primarily to Chapter 718.

Meetings and open-meeting rules

Board meetings must generally be open to members with posted notice, and members have the right to attend and, subject to reasonable rules, to speak on agenda items. Notice timing and procedures are set by the statute and your bylaws.

Elections and voting

Members elect the board as provided by Chapter 720 and the association's bylaws. Ballot, proxy, and quorum rules follow the governing documents and the statute. Chapter 720 also provides a process for members to recall directors.

Records access and owner inspection

Owners have the right to inspect and copy the association's official records, subject to statutory exceptions and reasonable rules. Under changes made by House Bill 1203, associations managing 100 or more parcels must post many official records on a website or make them available through a mobile application.

Assessments, liens, and foreclosure

Associations may levy assessments and record a lien for unpaid amounts under Section 720.3085, and may foreclose the lien subject to statutory notice requirements. Specific notices must precede a lien and foreclosure, so boards typically work with an attorney on collections.

Fines, enforcement, and due process

Before a fine or suspension takes effect, the association must give written notice and an opportunity for a hearing before a committee of at least three members who are not board members or persons related to board members. Chapter 720 also caps certain fines unless the governing documents provide otherwise.

Reserves and budgets

For HOAs, Chapter 720 requires reserves to be included and funded in the budget when they have been established, though members may in some cases vote on funding. Florida's stricter structural reserve and inspection requirements adopted after the Surfside collapse apply mainly to condominiums under Chapter 718.

Director education

House Bill 1203 added a director education requirement. Newly elected or appointed directors must complete an approved educational course within the statutory timeframe, and existing directors were given a deadline to complete an initial course.

Owner protections on common restrictions

Florida law limits how far an HOA can restrict certain owner rights, including the display of the United States flag and certain other flags, and the installation of solar collectors under the state's solar rights law. Review the specific statute before denying a related request.

Recent legislation

House Bill 1203, effective July 1, 2024, made significant changes to Chapter 720, including online records posting for larger associations, the fining committee process, director education, and new accountability measures. Florida amends these statutes frequently, so confirm the current text before relying on any provision.

Where to get official help

The full text of Chapter 720 is available from the Florida Legislature. For condominiums, see Chapter 718, and for corporate matters, Chapter 617. For a specific situation, consult a Florida attorney experienced in community association law.