Florida · Chapter 720
Homeowners' Association Act — Plain-English Summary
Official title: Homeowners' Associations. Translated into plain English for board members and homeowners.
General Provisions
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§720.301
Defines the key terms used throughout Chapter 720: assessment, amenity fee, parcel, member, governing documents, declaration of covenants, and common area.
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§720.3015
Names Chapter 720 the 'Homeowners' Association Act.'
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§720.302
Recognizes nonprofit HOAs and sets rules for how they operate, while protecting member rights. Does not apply to commercial-only communities.
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§720.303
Core operational rulebook: powers, board meetings, official records and retention, budgets and financial reports, fund handling, and board recall procedures.
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§720.3032
Lets an HOA record a notice to preserve covenants from being extinguished after 30 years under Florida's Marketable Record Title Act.
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§720.3033
Directors must complete state-approved education within 90 days of election or certify they have read the governing documents. Covers conflicts of interest a…
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§720.3035
Governs association approval of owner improvements. Approval criteria must be in the governing documents and applied consistently.
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§720.304
Owners may peaceably assemble and may display the U.S., state, POW/MIA, and certain military and first responder flags. Bars SLAPP suits.
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§720.3045
Association may not restrict items on a parcel that are not visible from the frontage or any adjacent parcel.
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§720.305
Fines are capped at $100 per violation, $1,000 in aggregate per matter, and require approval by an independent committee after 14 days notice and a hearing.
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§720.3053
If the board cannot reach a quorum because of vacancies, any member may petition the circuit court to appoint a receiver.
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§720.3055
Contracts over one year or above the threshold must be in writing. Contracts exceeding 10 percent of the annual budget require competitive bids, with excepti…
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§720.306
Default quorum is 30 percent. Sets notice requirements, proxy rules, how amendments are adopted, and how board elections are run when required.
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§720.3065
First-degree misdemeanor to commit fraud in association elections, including ballot tampering, vote buying, or intimidation.
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§720.307
Triggers board turnover from the developer to owners and requires the developer to deliver records, audited financials, and contracts.
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§720.3075
Voids clauses giving the developer perpetual rights or unreasonably tilting control toward the developer after turnover.
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§720.308
Authorizes assessments for common expenses and special assessments, with allocation rules and developer subsidy options before turnover.
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§720.3085
Establishes the association's lien for unpaid assessments, demand and notice procedures, foreclosure rights, and the safe harbor capping first mortgagee liab…
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§720.30851
On request, the association must issue an estoppel certificate within 10 business days. Caps fees and bars charging more if the certificate is wrong.
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§720.3086
Requires an annual financial report. Report level (cash, compilation, review, audit) depends on revenue thresholds.
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§720.309
Long-term contracts and leases the developer signs before turnover may be canceled by majority vote of owners after turnover.
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§720.31
Gives the association rights to acquire recreational facilities and renders certain CPI-tied escalation clauses unenforceable.
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§720.311
Sets mandatory presuit mediation for most HOA disputes. Election and recall disputes go to the Division for binding arbitration before any lawsuit.
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§720.312
The declaration of covenants survives a tax deed or foreclosure sale.
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§720.313
Requires the association to notify members within 10 business days when a receiver is appointed.
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§720.315
Notice for a meeting at which a special assessment will be considered must state purpose and estimated amount.
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§720.316
When the governor declares an emergency, the board can hold meetings with less notice, levy emergency assessments, and contract for cleanup and remediation.
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§720.317
Authorizes online voting if the board passes a resolution 14 days in advance, owners opt in, and the system meets security and audit requirements.
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§720.318
Bars associations from prohibiting first responders from parking their assigned official vehicles at their parcel.
Disclosure Prior to Sale of Residential Parcels
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§720.401
Seller must give buyer the mandatory HOA disclosure summary before signing. Buyer may void within three days if not received.
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§720.402
Bars developers from publishing false or misleading information about the community.
Covenant Revitalization
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§720.403
Legislative findings supporting a process to revive expired or lapsed covenants in residential communities.
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§720.404
Defines which communities can revive covenants and the substantive requirements.
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§720.405
An organizing committee of at least three owners prepares the revived declaration, mails it to all owners, and collects written consents from a majority.
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§720.406
The Department of Commerce reviews submitted revival packages within 60 days and approves or rejects.
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§720.407
Approved revived declaration is recorded in county records and applies to every parcel. Owners must be notified.
Frequently asked about Chapter 720
- What is Florida Chapter 720?
- Florida Chapter 720 — the Homeowners' Association Act — is the body of law that governs how every Florida HOA is structured, operated, and held accountable. It covers governance, voting, records, assessments, fining, and most of the day-to-day legal questions a board will face.
- How many sections are in Chapter 720?
- Chapter 720 contains 36 sections in this reference. Each is summarized in plain English on its own page, with links to the official text at flsenate.gov.
- Is the summary on this site legal advice?
- No. These pages are plain-English summaries prepared by SoShiny for board members and managers. For binding legal advice or interpretation of how a section applies to your specific situation, consult a Florida-licensed attorney.
- How often does Florida Chapter 720 change?
- The Florida Legislature can amend any chapter in any session. We update these summaries when we re-import the official text — see the 'Last updated' date on each section page.
- Does SoShiny enforce Chapter 720 for me?
- No software 'enforces' a statute — but SoShiny is built around it. Voting, meeting minutes, records access, fining workflow, and audit trails are designed to meet this body of law's requirements out of the box, so the board can demonstrate good-faith compliance if challenged.
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