The complete guide to Florida Statute 720 for HOA board members, property managers, and CAMs managing single-family home communities, townhomes, and planned developments. Understand assessments, covenant enforcement, governance requirements, and how to protect your board from liability.
Florida Statute 720, officially titled the "Florida Homeowners' Association Act," is the state law governing the creation and operation of homeowners associations (HOAs) in Florida. Unlike Chapter 718 which covers condominiums (COAs), Chapter 720 applies to communities of single-family homes, townhomes, and planned developments that are not structured as condominiums.
Chapter 720 applies only to homeowners associations (HOAs). If your community is a condominium association (COA), you are governed by Chapter 718 (the Florida Condominium Act) instead. The requirements are significantly different -- for example, SIRS reserve studies and mandatory CPA audits apply only to condos, not HOAs.
Chapter 720 addresses several critical areas of HOA governance:
If your community is a planned development with deed restrictions and a mandatory homeowners association (but is not a condominium), then Chapter 720 is your governing statute. Many Florida communities are subject to both Chapter 720 and their recorded declaration of covenants, conditions, and restrictions (CC&Rs), with the statute overriding any conflicting provisions in the CC&Rs.
Every Florida HOA must meet these essential requirements under Chapter 720.
Section 720.3085 establishes strict procedures for assessment collection and liens:
Section 720.305 establishes the process for enforcing deed restrictions and imposing fines:
Sections 720.303 and 720.306 set out detailed procedures for meetings and elections:
Section 720.303(4)-(5) mandates record-keeping and member access:
HOAs and condominium associations (COAs) operate under completely different statutes. Here are the key differences that affect day-to-day compliance.
| Requirement | Chapter 720 (HOA) | Chapter 718 (Condo) |
|---|---|---|
| Community Type | Single-family, townhomes | Condominiums |
| SIRS Required | No | Yes (3+ stories) |
| Meeting Notice | 48 hours | 48 hours |
| Annual Meeting Notice | 14 days | 14 days |
| Lien Pre-Notice | 45 days written | 30 days written |
| Financial Audit | Based on governing docs | Required by unit count |
| Fining Cap | $100/day, $1,000 max | $100/day, $1,000 max |
| Website Required | 100+ parcels | 25+ units |
| Board Education | Certification required | Certification required |
| Record Access | 10 business days | 10 business days |
Chapter 720 imposes fiduciary duties on HOA board members. Directors serve as trustees of the association's funds and must act in the best interest of the community:
Newly elected or appointed board members must either complete a state-approved educational curriculum administered by a division-approved provider, or submit a written certification within 90 days confirming they have read and understand the governing documents, Chapter 720, and the association's current rules and policies.
Directors must exercise due care and act in the best interest of the association. This means properly managing reserves, following competitive bidding guidelines for large contracts, maintaining adequate insurance, and avoiding self-dealing transactions. Board members who knowingly violate their duties can face personal liability.
Board members must enforce covenants uniformly across all homeowners. Selective enforcement -- applying rules to some owners but not others -- exposes the association to legal challenges and can invalidate the association's ability to enforce the violated restriction entirely.
The board is responsible for maintaining all official records required under Section 720.303. Records must be kept within the state of Florida (or accessible within the state) and made available to members upon written request within 10 business days. Failure to produce records on time subjects the association to statutory penalties.
The DBPR and courts enforce Chapter 720 compliance with significant consequences.
Failure to produce records on time
Improper covenant enforcement
Breach of fiduciary duty
Improper meeting or election
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Real-time view of your Chapter 720 compliance status. See what requirements are met, what needs attention, and what actions the board needs to take.
Florida Statute 720, the Florida Homeowners Association Act, is the state law governing all non-condominium homeowners associations in Florida. It covers governance, assessments, covenant enforcement, member rights, elections, and record-keeping obligations for HOAs.
Chapter 718 applies to condominium associations and has stricter requirements including SIRS structural reserve studies. Chapter 720 applies to homeowners associations (HOAs) -- communities of single-family homes, townhomes, or planned developments that are not structured as condominiums. Chapter 720 has its own specific rules for assessments, covenants, and governance.
Yes. Under Section 720.3085, a Florida HOA can record a lien against your property for unpaid assessments. The association must first provide 45 days written notice before recording the lien. The lien secures unpaid assessments plus interest, late fees, and collection costs.
Under Chapter 720, board meeting notices must be posted at least 48 hours in advance. Annual meeting notices require 14 days advance notice by mail or electronic means. Budget meetings require 14 days notice. Members have the right to speak at board meetings on agenda items.
Yes, but only after following proper procedures under Section 720.305. The homeowner must receive 14 days written notice of the violation and an opportunity for a hearing before an impartial committee (not the board). Fines cannot exceed $100 per violation per day, with an aggregate maximum of $1,000.
Under Section 720.303(4), HOAs must make official records available within 10 business days of a written request. Official records include governing documents, financial records, meeting minutes, contracts, insurance policies, and member lists. The association can charge reasonable copying costs.
HOA Cloud automates Chapter 720 compliance including document posting and retention, 48-hour meeting notice enforcement, assessment tracking and late fee automation, covenant violation workflows with proper notice procedures, and a real-time compliance dashboard.
HOA Cloud automates Chapter 720 compliance for homeowners associations and Chapter 718 compliance for condominiums. One platform for both community types.
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