Which Florida Laws Govern Your HOA or Condo?

Florida does not have one "HOA law." It has separate statutes for homeowners' associations, condominiums, and cooperatives, a nonprofit corporation law underneath them, and your community's own recorded documents on top. The first step with almost any question is matching your community to the right chapter. For your specific situation, a licensed Florida attorney is the right resource. This is general information, not legal advice.

Homeowners' associations: Chapter 720 (Fla. Stat. § 720.301 et seq.)

For the typical single-family-home or townhome community with a mandatory association, the main state law is Chapter 720, Florida Statutes, the Homeowners' Associations chapter. Its stated purposes are "to give statutory recognition to corporations not for profit that operate residential communities in this state, to provide procedures for operating homeowners' associations, and to protect the rights of association members without unduly impairing the ability of such associations to perform their functions" (Fla. Stat. § 720.302(1)).

Whether Chapter 720 reaches your community depends largely on the definition of a homeowners' association: a Florida corporation operating a community "in which membership is a mandatory condition of parcel ownership, and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel" (§ 720.301(9)). The same definition excludes "a community development district or other similar special taxing district."

Chapter 720 also spells out what it does not cover (§ 720.302(3)–(4)):

• Communities "composed of property primarily intended for commercial, industrial, or other nonresidential use," and the commercial or industrial parcels in a mixed community
• Any association "that is subject to regulation under chapter 718, chapter 719, or chapter 721" (condominiums, cooperatives, and timeshares), or any nonmandatory association formed under chapter 723

What Chapter 720 governs

Chapter 720 is a broad operating code. A few of the provisions homeowners run into most often:

• Official records — the association must keep listed records, generally for at least 7 years, and make them available "within 10 business days after receipt by the board or its designee of a written request from the parcel owner" (§ 720.303(4)–(5)). More detail: Florida HOA records requests.
• Board meetings — "Meetings of the board must be open to all members," subject to narrow exceptions, and members have "the right to speak at such meetings with reference to all designated items" (§ 720.303(2)). Board meeting notices must identify agenda items and be posted in the community "at least 48 hours in advance of a meeting, except in an emergency," or mailed or delivered at least 7 days ahead (§ 720.303(2)(c)).
• Member meetings and elections — a 30 percent quorum unless the bylaws set a lower number, at least 14 days' notice of membership meetings when the bylaws do not provide otherwise, and the rule that "boards of directors must be elected by a plurality of the votes cast by eligible voters" unless the governing documents provide otherwise (§ 720.306(1), (5), (9)).
• Fines and suspensions — fines are capped at "$100 per violation" and "$1,000 in the aggregate" for continuing violations unless the governing documents provide otherwise; none may be imposed without "at least 14 days' written notice" of the right to a hearing before a committee of at least three members who are not officers, directors, or employees of the association; and "A fine of less than $1,000 may not become a lien against a parcel" (§ 720.305(2)). See HOA fining procedures in Florida and challenging an HOA fine in Florida.
• Architectural review — the association's authority over the location, size, type, or appearance of improvements exists "only to the extent that the authority is specifically stated or reasonably inferred" in the declaration or published guidelines it authorizes, and a denial must be in writing "stating with specificity the rule or covenant on which the association or committee relied" (§ 720.3035(1)(a), (4)(a)).
• Assessments and liens — "When authorized by the governing documents, the association has a lien on each parcel to secure the payment of assessments," and the association must give 45 days' written notice before recording a claim of lien (§ 720.3085(1), (4)). Deeper dives: how Florida HOA assessment liens are created, lien priority versus your mortgage, removing or disputing a lien, and whether a Florida HOA can foreclose.
• Disputes — many association-owner disputes, including covenant enforcement, amendments, meetings, and "access to the official records of the association," must go through a demand for presuit mediation "before the dispute is filed in court" (§ 720.311(2)(a)). That requirement does not cover "the collection of any assessment, fine, or other financial obligation."

Chapter 720 has been amended repeatedly in recent sessions, which is why the text quoted here comes from the current statute rather than older summaries. For an overview of the most recent round, see Florida HOA law changes in 2024 and 2025.

Is there a state agency for HOAs?

Mostly no. In Chapter 720 itself, the Legislature says it is "not in the best interest of homeowners' associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners' associations" (§ 720.302(2)).

The Department of Business and Professional Regulation does have a defined, limited role. The same subsection finds that associations and members "will benefit from an expedited alternative process for resolution of election and recall disputes and presuit mediation of other disputes involving covenant enforcement" and "authorizes the department to hear, administer, and determine these disputes as more fully set forth in this chapter" (§ 720.302(2)). Under § 720.311(1), the department "shall conduct binding arbitration of election disputes between a member and an association," and "Election disputes and recall disputes are not eligible for presuit mediation." Beyond election and recall disputes, Chapter 720 points most association-owner disputes toward presuit mediation and, if that fails, the courts or arbitration (§ 720.311(2)). For a broader look across states, see who regulates HOAs.

Condominiums: Chapter 718, the Condominium Act

If you own a condominium unit, a different statute applies. Chapter 718 gives "statutory recognition to the condominium form of ownership of real property," and "Every condominium created and existing in this state shall be subject to the provisions of this chapter" (§ 718.102). A condominium is created "by recording a declaration in the public records of the county where the land is located" (§ 718.104(2)), and it is a form of ownership in which, "appurtenant to each unit," there is "an undivided share in common elements" (§ 718.103(12)).

Chapter 718 has its own parallel provisions, with different section numbers and, often, different details than Chapter 720:

• Records — "The official records of the association are open to inspection by any association member" (§ 718.111(12)(c)).
• Board meetings — "Meetings of the board of administration at which a quorum of the members is present are open to all unit owners" (§ 718.112(2)(c)).
• The assessment lien — "The association has a lien on each condominium parcel to secure the payment of assessments" (§ 718.116(5)(a)).
• Disputes — "Before the institution of court litigation, a party to a dispute, other than an election or recall dispute, shall either petition the division for nonbinding arbitration or initiate presuit mediation," with "dispute" defined in the statute (§ 718.1255(1), (4)(a)).

Unlike HOAs, condominiums have a state regulator with real enforcement powers. The Division of Florida Condominiums, Timeshares, and Mobile Homes, within the Department of Business and Professional Regulation, "may enforce and ensure compliance with this chapter" (§ 718.501(1)). After the developer turns over control, the division's jurisdiction is limited to listed subjects, including financial records and reporting, elections, owner access to records, the procedural aspects of meetings, and conflicts of interest (§ 718.501(1)(a)).

Cooperatives and other community types

A few other chapters cover community types that Chapter 720 excludes or that have their own statutes. The Florida Nonprofit Corporation Act's application section describes them as "chapter 719 regarding cooperatives, ... chapter 721 regarding timeshares, or chapter 723 regarding mobile home owners' associations" (§ 617.1703(1)(a)). If your community falls into one of those categories, that chapter, rather than Chapter 720, is generally the starting point.

The nonprofit corporation law: Chapter 617

Under § 720.303(1), a community covered by Chapter 720 "must be operated by an association that is a Florida corporation." Chapter 720 also says that, unless expressly stated otherwise, corporations operating residential HOAs "shall be governed by and subject to part I of chapter 607, if the association was incorporated under that part, or to chapter 617, if the association was incorporated under that chapter, and this chapter" (§ 720.302(5)). Chapter 617 is the Florida Nonprofit Corporation Act (§ 617.01011), and it applies to associations regulated by Chapters 718, 719, and 720 except where it conflicts with those chapters or they provide otherwise (§ 617.1703(1)). Chapter 720 further ties HOA officers and directors to a specific Chapter 617 standard: they "are subject to s. 617.0830 and have a fiduciary relationship to the members who are served by the association" (§ 720.303(1)).

How the layers fit

1. Chapter 720 for HOAs — or Chapter 718 for condominiums (or Chapter 719, 721, or 723 for those community types). The statute sets the floor: an HOA's powers include those in its governing documents only "except as expressly limited or restricted in this chapter" (§ 720.303(1)).
2. The recorded governing documents — Chapter 720 defines these as the recorded declaration of covenants (with its amendments and exhibits) and the association's articles of incorporation and bylaws (§ 720.301(8)). For condominiums, the declaration is "the instrument or instruments by which a condominium is created" (§ 718.103(16)).
3. Rules and architectural guidelines — an HOA may fine for violations of "reasonable rules of the association" (§ 720.305(2)), but it may not enforce a policy or restriction that is inconsistent with an owner's rights under the declaration or the guidelines it authorizes, "whether uniformly applied or not" (§ 720.3035(5)).
4. The nonprofit corporation law — Chapter 617 (or Chapter 607, if the association was incorporated under it) for the corporate entity.
5. Federal law — including the Fair Housing Act, which makes it unlawful to discriminate "in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith" because of protected characteristics, and treats "a refusal to make reasonable accommodations in rules, policies, practices, or services" for a person with a disability as discrimination (42 U.S.C. § 3604(b), (f)(3)(B)). Other federal laws can apply as well.

Even within these layers, how a rule is applied matters; see how Florida courts treat selective enforcement. The Florida HOA law hub collects a state-level overview and links to all of our Florida guides.

Frequently asked questions

What is the main Florida law for HOAs?

Chapter 720 of the Florida Statutes, which covers homeowners' associations where membership is mandatory and unpaid assessments can become a lien on the parcel (§ 720.301(9)). It is the main state law, not the only one: the community's recorded declaration, articles, and bylaws, the nonprofit corporation law in Chapter 617, and federal law also apply.

Does Chapter 720 apply to condominiums?

Generally no. Section 720.302(4) says the chapter "does not apply to any association that is subject to regulation under chapter 718, chapter 719, or chapter 721," except where a provision of those chapters is expressly incorporated into Chapter 720. Condominiums are governed primarily by Chapter 718, the Condominium Act.

Does any Florida agency regulate HOAs?

Not in the way condominiums are regulated. Chapter 720 states that creating a state bureau to regulate HOA affairs is not in the best interest of associations or members (§ 720.302(2)). The Department of Business and Professional Regulation's role for HOAs centers on the dispute process the chapter sets out, chiefly binding arbitration of election disputes and handling of recall disputes (§§ 720.302(2), 720.311(1)), while its Division of Florida Condominiums, Timeshares, and Mobile Homes has broader enforcement authority over condominiums under § 718.501.

Which wins if the HOA's documents conflict with Chapter 720?

Chapter 720 sets the floor. An HOA's powers include those in its governing documents only "except as expressly limited or restricted in this chapter" (§ 720.303(1)), and some provisions apply "Notwithstanding any provision to the contrary in an association's governing documents" (§ 720.305(7)). Whether a particular provision is enforceable depends on its wording and the facts, which is a question for a licensed Florida attorney.

Sources

• Fla. Stat. § 720.301 — Definitions
• Fla. Stat. § 720.302 — Purposes, scope, and application
• Fla. Stat. § 720.303 — Association powers and duties; meetings of board; official records
• Fla. Stat. § 720.305 — Obligations of members; fines and suspensions
• Fla. Stat. § 720.306 — Meetings of members; voting and election procedures
• Fla. Stat. § 720.3035 — Architectural control covenants
• Fla. Stat. § 720.3085 — Payment for assessments; lien claims
• Fla. Stat. § 720.311 — Dispute resolution
• Fla. Stat. § 718.102 — Condominium Act purposes
• Fla. Stat. § 718.103 — Condominium Act definitions
• Fla. Stat. § 718.104 — Creation of condominiums
• Fla. Stat. § 718.111 — The association (official records)
• Fla. Stat. § 718.112 — Bylaws (board and owner meetings)
• Fla. Stat. § 718.116 — Assessments; liability; lien
• Fla. Stat. § 718.1255 — Alternative dispute resolution
• Fla. Stat. § 718.501 — Authority of the Division of Florida Condominiums, Timeshares, and Mobile Homes
• Fla. Stat. § 617.01011 — Florida Nonprofit Corporation Act (short title)
• Fla. Stat. § 617.1703 — Application of chapter
• 42 U.S.C. § 3604 — Fair Housing Act: discrimination in the sale or rental of housing