Florida Statutes
The Laws That Govern Your Community
Every Florida condominium and homeowners' association operates under a specific chapter of the Florida Statutes. This page summarizes the two most important ones and links you straight to the official text.
Chapter
718
Condominium Associations
Condominium associations — communities where owners hold title to an individual unit plus an undivided share of common elements.
Chapter
720
Homeowners' Associations
Homeowners' associations — communities of detached or attached homes where membership is mandatory by virtue of lot ownership and the association enforces recorded covenants.
A note before you read on
The summaries on this page are a plain-language overview, not legal advice. Statutes change over time and individual situations vary — always refer to the official Florida Statutes linked below and consult a qualified Florida attorney for guidance on your community's specific obligations.
Chapter 718
Chapter 718 — The Condominium Act
Applies to
Condominium associations — communities where owners hold title to an individual unit plus an undivided share of common elements.
Chapter 718, known as the Condominium Act, is the primary Florida law governing how condominium associations are formed, operated, financed, and terminated. It sets minimum standards that override conflicting language in a condominium's declaration or bylaws.
The chapter covers the creation of a condominium, the developer's obligations, day-to-day governance by the association, sale disclosures, unit owner rights, and — following the 2022 reforms — mandatory structural reserve studies.
Key Topics Covered
Board Elections & Meetings
Notice requirements, quorum rules, secret-ballot elections, and recall procedures for directors.
Financial Reporting & Reserves
Annual budgets, year-end financial reports, and mandatory Structural Integrity Reserve Studies (SIRS) for buildings three stories or more.
Unit Owner Rights
Access to official records, the right to speak at meetings, and limits on fines and use restrictions.
Assessments & Collection
Rules for levying regular and special assessments, lien rights, and foreclosure procedures for unpaid dues.
Estoppel Certificates
§718.116(8) sets the statutory timeline, content, and fee caps for estoppel letters issued on unit transfers.
Amendments & Termination
Voting thresholds required to amend the declaration, bylaws, and articles, plus the framework for terminating a condominium.
Chapter Structure
Part I
General Provisions
Definitions, creation of condominiums, the association's corporate structure, and the declaration of condominium.
Part II
Rights & Obligations of Developers
Developer disclosure duties, control period, turnover of the association to unit owners, and warranty obligations.
Part III
Rights & Obligations of the Association
Board powers, record-keeping, insurance, maintenance responsibilities, and assessment authority.
Part IV
Special Types of Condominiums
Multicondominiums, phase condominiums, timeshares, and mixed-use developments.
Part V
Sale Regulation & Disclosure
Pre-sale disclosure requirements for residential condominiums, buyer rescission rights, and prospectus rules.
Part VI
Conversions to Condominium
Requirements when an existing rental property is converted into a condominium.
Part VII
Distressed Condominium Relief Act
Special provisions for associations in financial distress or receivership.
Part VIII
Termination of Condominium
Procedures and voting thresholds for legally dissolving a condominium.
Chapter 720
Chapter 720 — Homeowners' Association Act
Applies to
Homeowners' associations — communities of detached or attached homes where membership is mandatory by virtue of lot ownership and the association enforces recorded covenants.
Chapter 720 governs Florida HOAs: communities created by a recorded declaration of covenants that automatically binds every lot owner. Unlike condominiums, homeowners generally own the land under their home; the HOA manages common areas and enforces community standards.
The chapter balances the association's authority to enforce covenants with statutory protections for members, including access to records, notice of meetings, fair hearing procedures for fines, and limits on how boards may operate.
Key Topics Covered
Board Governance
Director elections, meeting notice, open meetings, quorum, and procedures for recalling board members.
Financial Reports & Assessments
Annual budgets, year-end reports, reserve accounts, and the process for levying regular and special assessments.
Covenant Enforcement
Architectural review, use restrictions, and the statutory fourteen-day written notice and hearing procedure before any fine or suspension.
Fines & Suspensions
Limits on fines, suspension of common-area use rights, and voting-rights suspensions for delinquent members.
Access to Records
Members' right to inspect and copy official records, with narrowly defined confidential categories.
Estoppel Certificates
§720.30851 sets the delivery deadline, required contents, and statutory fee caps for estoppel letters on lot transfers.
Chapter Structure
Part I
General Provisions
Definitions, application of the chapter, and the core operating rules for homeowners' associations.
Part II
Disclosure Prior to Sale
Mandatory disclosure of HOA membership, assessments, and governing documents to prospective buyers.
Part III
Covenant Revitalization
Process for reviving expired community covenants under the Marketable Record Title Act.
Part IV
Preservation of Residential Community Covenants
Procedures for preserving or extending covenants before they lapse under state title statutes.
Ready to Elevate Your Community Management?
Get a free, no-obligation proposal tailored to your community's needs. See how ProCare can save your board time, protect property values, and bring financial peace of mind.
Free consultation · No commitment · Response within 24 hours