Chapter 720 of the Florida Statutes, the Homeowners' Association Act, is the law that tells a Florida HOA how to operate. It does not bring your community into existence. A recorded declaration of covenants does that, and Chapter 720 then imposes a floor beneath it: the notices you must give, the records you must keep and produce, the votes you must take, the fines you may levy, and the rights owners hold against the board. Where the statute is mandatory, a contrary provision in your documents does not control.
What the Homeowners' Association Act actually does
A condominium exists only because Chapter 718 says it can. A homeowners' association is different. The community is created by a recorded declaration of covenants running with the land, and the association is a Florida corporation formed to administer it. Chapter 720 comes in afterward and regulates how that corporation operates.
Section 720.301(9) defines a homeowners' association as a Florida corporation responsible for the operation of a community in which the voting membership is made up of parcel owners, membership is a mandatory condition of parcel ownership, and the association is authorized to impose assessments that may become a lien if unpaid. All three features must be present. A voluntary civic club with dues and no lien rights is not a Chapter 720 association, and a great deal of confusion in what a Florida HOA actually is traces back to that distinction.
Section 720.302(3) and (4) draw the outer boundary. The chapter does not apply to a community primarily intended for commercial, industrial or other nonresidential use, or to the commercial and industrial parcels inside a mixed community. It does not apply to associations regulated under Chapters 718, 719 or 721, or to nonmandatory associations under Chapter 723. Section 720.302(5) then confirms that your association is also governed by Chapter 617, the Not For Profit Corporation Act, and by Chapter 720 on top of it. Two statutes apply at once, which matters more often than boards expect.
How the chapter is organized
Chapter 720 is short compared to Chapter 718. It has three parts, and a sitting board lives almost entirely in the first.
| Part | Sections | What it covers |
|---|---|---|
| Part I — General Provisions | 720.301–720.318 | Definitions, scope, association powers and duties, board and committee meetings, official records, budgets and reserves, financial reporting, officers and directors, architectural control, prohibited restrictions, fines and suspensions, member meetings and amendments, turnover, assessments and liens, dispute resolution, emergency powers, electronic voting |
| Part II — Disclosure Prior to Sale of Residential Parcels | 720.401–720.402 | The mandatory disclosure summary given to a buyer before sale, and the resale certificate |
| Part III — Covenant Revitalization | 720.403–720.407 | Reviving a declaration of covenants that has lapsed, with Department approval |
Part II matters at closings rather than at board meetings. Part III matters once, and usually urgently, when a community discovers its covenants have expired. Everything else a board does is in Part I.
The sections a board uses most
Learn where ten provisions live and you can find the answer to most questions that come up at the table.
- § 720.301 — definitions. Read this whenever a provision turns on "parcel," "member," "governing documents" or "voting interests."
- § 720.303(1) — association powers and duties, the fiduciary relationship of officers and directors, and the requirement of a member vote before commencing litigation involving more than $100,000 in controversy.
- § 720.303(2) — board meetings, the 48-hour posted notice or 7-day mailed notice, the 14-day notice for special assessments and parcel-use rule amendments, and when a committee meeting must be open.
- § 720.303(4) and (5) — the official records list and the inspection rules, including the 10-business-day response window and the $50 per day minimum damages.
- § 720.303(6) and (7) — budgets, reserve accounts, and the annual financial report.
- § 720.3033 — officer and director certification, conflicts of interest, kickbacks, and removal on the filing of certain criminal charges.
- § 720.3035 — architectural control covenants and the limits on what an association or its review committee may require.
- § 720.305 — fines and suspension of use rights, including the independent hearing committee.
- § 720.306 — member meetings, the 14-day notice, proxies, amendments to the governing documents, and election procedure.
- § 720.3085 — assessments, lien claims and collection.
How Chapter 720 differs structurally from Chapter 718
Boards that have served in both kinds of community, and managers who handle both, run into trouble by importing a condominium rule into an HOA. The two statutes look similar and are not.
| Condominium (Ch. 718) | HOA (Ch. 720) | |
|---|---|---|
| State regulation | The Division regulates associations, investigates complaints and imposes penalties under § 718.501 | § 720.302(2) states the Legislature does not intend a state agency to regulate HOAs; the Department's role is limited |
| Dispute forum | Mandatory arbitration or presuit mediation under § 718.1255 for most use, meeting, election and records disputes | Presuit mediation for the disputes listed in § 720.311(2)(a); election and recall disputes go to Department arbitration or to court |
| Reserves | Statutory reserves with limited waiver, plus the structural integrity reserve study | Reserves exist only if the developer included them or a majority of total voting interests approves them, § 720.303(6) |
| Website posting | 25 or more units | 100 or more parcels, § 720.303(4)(b) |
| Annual financial report | Delivery window extended to 180 days by HB 913 (2025) | Not later than 120 days after the end of the fiscal year, § 720.303(7) |
| Emergency action at a board meeting | May be taken on a majority plus one vote and must be noticed and ratified at the next regular board meeting, § 718.112(2)(c)1. | § 720.303(2)(c) excuses the normal notice "in an emergency" but states no ratification requirement |
The comparison matters most in records and reserves. An owner in a condominium who is refused records has a regulator to complain to. An owner in an HOA generally does not, which means the pressure arrives as a lawsuit with prevailing-party fees attached rather than as a warning letter. Our side-by-side on HOAs and condominium associations takes the comparison further.
How the statute interacts with your declaration
The order of authority runs: federal and Florida law, then the declaration of covenants, then the articles of incorporation, then the bylaws, then the rules adopted by the board. A document lower on that list yields to anything above it.
Chapter 720 sits at the top and operates in two ways. Some provisions are floors the association must meet regardless of what the documents say. The fining procedure in § 720.305(2) is one. Others are defaults that apply only when the documents are silent or that expressly defer to the declaration. Section 720.306(1)(a) sets a 30 percent quorum "unless a lower number is provided in the bylaws." Section 720.306(1)(b) requires a two-thirds vote to amend the governing documents unless the documents state otherwise. Section 720.316(1) grants emergency powers "unless specifically prohibited by the declaration."
Read the statutory sentence before deciding which kind you are looking at. The phrases that matter are "unless otherwise provided in the governing documents," "notwithstanding any provision to the contrary," and "regardless of any covenants, restrictions, bylaws, rules, or requirements of an association." That last phrase, which opens § 720.3045, tells you the Legislature meant to override your documents entirely.
Chapter 720 also gives the association less inherent power than boards assume. Section 720.3035(1) allows architectural review only to the extent the authority is "specifically stated or reasonably inferred" from the declaration or published guidelines. Where the declaration is silent, the association usually has nothing to enforce. This is the opposite of the instinct that a board can adopt a rule about anything, and it is developed further in our guide to where an HOA board's authority begins and ends.
Covenants can expire, and Chapter 720 is how you stop that
This is the Chapter 720 issue that does the most damage when it is missed. Under the Marketable Record Title Act, Chapter 712, covenants recorded more than 30 years ago can be extinguished as to a parcel unless they are preserved. An HOA whose declaration was recorded in the 1970s or 1980s and never preserved may find that its restrictions no longer bind some of its lots.
Section 720.3032 is the cure. The association may record a notice of association information that also operates as a summary notice under § 712.05(2)(b), sufficient to preserve the listed covenants and restrictions from extinguishment. The statute sets out the required contents and a statutory form, requires a copy to go out with the next member mailing, and requires the original signed notice to be recorded with the clerk.
If preservation was missed and the covenants have already lapsed, Part III of Chapter 720 provides the revitalization process, which requires an organizing committee, parcel owner approval and state approval before the revived declaration is recorded. It is slower, more expensive and less certain than a timely § 720.3032 notice. Our discussion of enforcing older restrictions covers the practical signs that a community has a problem.
What changed in 2026
The 2026 regular session was quiet for community association governance. The omnibus community association bill, HB 657, passed the House and died in Senate Rules. Two enacted laws still reach Chapter 720.
- Ch. 2026-63 added § 720.3035(1)(c), effective July 1, 2026. An association, or any architectural, construction improvement or similar committee, may not require that a governmental authority have issued a building permit to the parcel owner as a prerequisite for the association's review of proposed construction or improvements on the parcel. Review forms and ARC checklists that demand a permit up front need to be corrected.
- Ch. 2026-168, the rewrite of Chapter 617 enacted as HB 797 and effective July 1, 2026, reenacted § 720.3033(2)(a), (2)(b) and (3) and § 720.316(1) to pick up its amendments to the nonprofit standards of conduct in §§ 617.0830, 617.0832 and 617.0834. The conflict-of-interest and emergency-power rules in Chapter 720 point at Chapter 617, so a rewrite of Chapter 617 moves them without changing a word of Chapter 720's own text.
The second point is the one boards miss. Because Chapter 720 borrows from Chapter 617, a director conflict analysis done against the pre-2026 version of § 617.0832 may reach the wrong answer now. We track each session in our Florida HOA law changes updates.
How to use the statute when a question comes up
A workable method for a director or manager:
- Read the current text online. The Legislature publishes the statutes free at leg.state.fl.us, and flsenate.gov hosts each annual edition so you can compare years.
- Check the history line at the end of the section. It lists every session law that amended it. A chapter law from the last two years means something you remember has probably changed.
- Read § 720.301 for any defined term the provision turns on.
- Then read your declaration, articles and bylaws on the same subject, and ask whether the statute permits your documents to vary from it or overrides them.
- Write down the conclusion and the citation, and put both in the board packet. That record is worth a great deal if the decision is questioned a year later.
Where the answer affects money, an owner's property rights, or a deadline that cannot be undone, the last step is a call to counsel rather than a vote at the table. The cost of the call is almost always smaller than the cost of an amendment that must be re-recorded or an assessment that must be rescinded.
Frequently Asked Questions About Chapter 720
Does Chapter 720 apply to my condominium association?
No. Section 720.302(4) says the chapter does not apply to associations regulated under Chapters 718, 719 or 721. A condominium association is governed by Chapter 718. Some communities contain both, and a master association that administers platted parcels is usually a Chapter 720 association even where the sub-associations beneath it are condominiums.
Who regulates Florida HOAs?
Essentially no one, by design. Section 720.302(2) says the Legislature does not consider it in the best interest of homeowners' associations to create a state bureau or agency to regulate them. The Department of Business and Professional Regulation handles election and recall arbitration and administers presuit mediation under § 720.311, and that is the extent of it.
Does an HOA have to fund reserves?
Not unless the developer established reserves or a majority of the total voting interests approved them under § 720.303(6). Once reserve accounts exist, the membership may vote at a meeting with a quorum present to provide no reserves or less than required, and that vote applies to one budget year at a time.
Our declaration says something different from Chapter 720. Which controls?
It depends on the provision. Where the statute is a mandatory floor, such as the fining procedure in § 720.305(2), the statute controls and the contrary document provision is unenforceable. Where the statute defers to the documents, the documents control. The statutory sentence usually signals which it is, but the analysis is worth confirming before the board acts.
Can our covenants expire?
Yes. Under Chapter 712, the Marketable Record Title Act, covenants can be extinguished as to a parcel roughly 30 years after the root of title. Section 720.3032 lets the association record a notice that preserves them. If they have already lapsed, Part III of Chapter 720 provides a revitalization process that requires owner and state approval.
Does Chapter 720 require director education?
Yes. Section 720.3033(1) requires a newly elected or appointed director to complete an approved education course, and imposes annual continuing education, with the hours tied to the size of the association. A director who does not certify in time may be suspended from the board until the requirement is met. Confirm the current hours and deadlines before relying on a form certificate.
Contact Hamilton Mikes
Hamilton Mikes represents homeowners' association boards and managers across Lee, Collier and Charlotte Counties on the daily application of Chapter 720, and reviews declarations, bylaws, policies and forms against the current statute. Call 239-594-7227 or visit our Regulatory Compliance page.
Statutes and authorities referenced
- Chapter 720, Fla. Stat. (the Homeowners' Association Act), Parts I through III
- § 720.301, Fla. Stat. (definitions; homeowners' association at (9))
- § 720.302, Fla. Stat. (purposes, scope and application; no state regulatory agency at (2); exclusions at (3) and (4); Ch. 617 at (5))
- § 720.303(1), Fla. Stat. (association powers and duties; fiduciary relationship; member approval before litigation over $100,000)
- § 720.303(2), Fla. Stat. (board and committee meetings; notice)
- § 720.303(4), (5), Fla. Stat. (official records; website posting at (4)(b); inspection and copying)
- § 720.303(6), (7), Fla. Stat. (budgets and reserve accounts; annual financial report)
- § 720.3032, Fla. Stat. (notice of association information; preservation from the Marketable Record Title Act)
- § 720.3033, Fla. Stat. (officers and directors; certification and education; conflicts of interest)
- § 720.3035, Fla. Stat. (architectural control covenants; building permit limit at (1)(c))
- § 720.305, Fla. Stat. (obligations of members; fines and suspension of use rights)
- § 720.306, Fla. Stat. (member meetings; voting and election procedures; amendments)
- § 720.311, Fla. Stat. (dispute resolution; presuit mediation; election and recall arbitration)
- § 720.316, Fla. Stat. (association emergency powers)
- Chapter 712, Fla. Stat. (Marketable Record Title Act); § 712.05(2)(b)
- Chapter 617, Fla. Stat. (Not For Profit Corporation Act); §§ 617.0830, 617.0832, 617.0834
- § 718.112(2)(c)1., Fla. Stat. (condominium emergency board action and ratification, for comparison)
- § 718.501, § 718.1255, Fla. Stat. (Division regulation and condominium arbitration, for comparison)
- Session laws: Ch. 2026-63 (architectural review); Ch. 2026-168 (HB 797, Ch. 617 revision); HB 657 (2026, did not pass)