Florida HOA Laws: A Board's Guide to Chapter 720 (and 718 for Condos)
Florida community associations are governed primarily by Chapter 720 (homeowners' associations) and Chapter 718 (condominiums) of the Florida Statutes. Here's what boards need to know about assessments, fines, notice, records, meetings, elections, and the recent condo-safety reforms.
If you serve on a Florida community association board, your two most important reference points are Chapter 720 of the Florida Statutes (the Homeowners' Association Act) and, for condominiums, Chapter 718 (the Condominium Act). Chapter 720 governs most HOAs and POAs; Chapter 718 governs condos and now carries Florida's high-profile structural-safety and reserve-funding requirements. Together with your governing documents — the declaration, bylaws, and articles — these statutes set the rules for how you bill, fine, notice, meet, vote, and keep records. This guide is a plain-English overview to help boards operate within the law. It is educational, not legal advice; for how any rule applies to your specific community, consult the association's attorney.
Which law applies to your association?
The threshold question is structure. A traditional homeowners' association — single-family homes, townhomes, or a planned community where owners hold title to their lots — almost always falls under Chapter 720. A condominium, where owners hold a unit plus an undivided share of common elements, falls under Chapter 718. Some communities are mixed or have a master association over condo sub-associations, so the analysis can get layered. The statutes also interact with Chapter 617 (Florida's nonprofit corporation law), since most associations are incorporated nonprofits. When in doubt about which chapter controls a particular issue, your governing documents and counsel should resolve it.
Assessments and collections (Chapter 720)
Assessments are the financial backbone of an HOA, and Chapter 720 gives associations the power to levy and collect them — but with procedural strings attached. Key points boards should understand:
- Authority and notice. The power to assess flows from the declaration. Florida law requires associations to provide owners with notice of the amounts and due dates, and budgets are generally adopted and noticed to the membership.
- Late fees and interest. Florida statute caps interest on delinquent assessments and limits administrative late fees to the amount stated in the governing documents (and a statutory ceiling). Boards should not improvise charges that aren't authorized.
- Lien and foreclosure process. Before recording a claim of lien for unpaid assessments, Chapter 720 requires a written notice of intent to lien, and before foreclosing, a separate notice of intent to foreclose — each with statutory waiting periods. Skipping these steps can invalidate the action.
- Payment application. Florida law specifies the order in which partial payments are applied (typically interest first, then late fees, costs, and attorney's fees, then the assessment). Misapplying payments is a common source of disputes.
Because collections are so procedure-driven, this is an area where automation pays off. A platform that timestamps every invoice, late notice, and payment — and applies payments in the statutory order automatically — gives the board a clean, defensible record if a delinquency ever escalates.
Fines and suspension
Chapter 720 lets associations levy fines and suspend use rights for violations, but only with due process. Generally, a fine cannot be imposed without giving the owner at least 14 days' notice and an opportunity for a hearing before an independent committee of members who are not officers, directors, or their relatives. If that committee does not agree with the fine, it cannot be imposed. There are statutory caps on fine amounts and on when a fine becomes a lien. Suspension of common-area use rights and voting rights follows its own notice rules. Condominiums under Chapter 718 have parallel — though not identical — fining and hearing requirements. The safest practice is a consistent, documented enforcement workflow: notice, hearing, committee decision, and a written record for every step.
Meetings and notice requirements
Open-meeting and notice rules are central to both chapters. Under Chapter 720, board meetings are generally open to all members, and notice of most meetings must be posted in a conspicuous place (and may require mailed notice depending on the topic, such as meetings where assessments are levied). Meetings where non-emergency special assessments or rule changes about parcel use are considered require heightened notice — typically 14 days. Annual and membership meetings have their own notice timelines spelled out in the bylaws and statute. Florida also recognizes limited exceptions where meetings may be closed, such as discussions with the association's attorney about pending litigation. Good agendas, properly noticed and posted on time, are the foundation of a defensible meeting — see our HOA board meeting best practices for a practical checklist.
Official records and owner access
Both Chapter 720 and Chapter 718 give owners broad rights to inspect and copy the association's official records — meeting minutes, contracts, financial records, the membership roster, insurance policies, and governing documents — usually within 10 business days of a written request. Certain records are protected from disclosure, including some personal owner information, attorney-client privileged material, and security or medical data. Failing to provide access on time can expose the association to statutory damages. The practical takeaway: keep records organized, current, and easy to produce. A centralized document library with permissioned access lets boards fulfill requests quickly without sharing protected material.
Elections and director duties
Chapter 720 elections are largely shaped by the governing documents, but the statute layers in protections — for instance, members generally have the right to nominate themselves and to receive notice of the election. Condominium elections under Chapter 718 are more prescriptive, with detailed ballot, envelope, and timeline requirements administered in part by the state's Division of Florida Condominiums, Timeshares, and Mobile Homes (DBPR). Directors of both HOAs and condos owe fiduciary duties to the association and, in many cases, must complete a certification (either a signed acknowledgment that they've read the governing documents and statutes, or a state-approved education course) within a set period after election. Term limits and recall procedures also apply, particularly for condos. Boards should calendar these requirements rather than rely on memory.
Chapter 718: condo-safety and structural-reserve reforms
The most significant recent changes in Florida community-association law are the condominium structural-safety reforms enacted after the Surfside tragedy. They apply to condominium and cooperative buildings (Chapter 718/719), not to typical Chapter 720 HOAs, and they carry hard deadlines and real financial consequences:
- Milestone inspections. Buildings three stories or higher must undergo a phased structural "milestone inspection" by a licensed engineer or architect once the building reaches a certain age (commonly 30 years, or 25 years near the coast, with recertification on a recurring cycle thereafter). Phase one is visual; if substantial structural deterioration is found, a more detailed phase two follows.
- Structural Integrity Reserve Study (SIRS). Covered buildings must complete a SIRS — a study identifying major structural and safety components (roof, load-bearing walls, foundation, plumbing, electrical, waterproofing, and similar) and the reserves needed to maintain or replace them — on a recurring schedule.
- Mandatory reserve funding. For the items identified in the SIRS, associations generally can no longer waive or under-fund reserves. This was a major shift; boards that historically waived reserves to keep fees low must now budget for full structural reserves, which has driven significant assessment increases in many buildings.
- Disclosure and records. Inspection reports and reserve studies must be shared with owners and prospective buyers and kept as official records.
These rules continue to be refined by the Legislature, and the exact thresholds, deadlines, and funding mechanics can change. Condo boards should work closely with their engineer, reserve specialist, and attorney to confirm current obligations and timelines — this is not an area to estimate.
How software helps Florida boards stay compliant
None of these statutes require a particular technology, but they reward associations that keep tight records and follow consistent procedures — exactly what purpose-built software is good at. With Grihak's Florida HOA software, boards can automate assessment billing and apply payments in the statutory order, generate timestamped late and lien-intent notices, run a documented fine-and-hearing workflow, post meeting notices and agendas on schedule, and maintain a permissioned document library so owner records requests are easy to fulfill. The governance module tracks meetings, agendas, motions, votes, and minutes with an audit trail; for condos, you can store milestone inspection reports and reserve studies alongside the budget so reserve funding decisions are transparent. An audit trail across all of it means that if an owner or regulator ever asks, you can show exactly what was done and when.
Florida's framework is detailed and, on the condo side, evolving quickly. Use this guide to orient your board, lean on your association's attorney and engineering professionals for specifics, and put systems in place so compliance is routine rather than a scramble. If you're comparing tools, our guide on how to choose HOA management software walks through what to look for. (For boards in other states, California's equivalent framework is the Davis-Stirling Act — see our Davis-Stirling compliance guide.) When you're ready to see it in action, start with Grihak.
This article is general education about Florida community-association law and is not legal advice. Statutes change and apply differently to each community. Always consult the association's attorney before acting.
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What is the difference between Chapter 720 and Chapter 718 in Florida?
Chapter 720 is Florida's Homeowners' Association Act and governs most HOAs and planned communities where owners hold title to their lots. Chapter 718 is the Condominium Act and governs condominiums, where owners hold a unit plus a share of the common elements. Chapter 718 also carries Florida's structural-safety and reserve-funding requirements, which generally do not apply to Chapter 720 HOAs. Your governing documents and attorney can confirm which chapter controls a given issue.
Can a Florida HOA fine an owner without a hearing?
Generally no. Under Chapter 720, an association typically must give the owner at least 14 days' written notice and an opportunity for a hearing before an independent committee of members who are not officers, directors, or their relatives. If that committee does not approve the fine, it cannot be imposed. Statutory caps also apply to fine amounts. Condominiums under Chapter 718 have similar hearing requirements. Consult counsel to confirm the exact procedure for your community.
What are Florida's milestone inspection and SIRS requirements?
For condominium and cooperative buildings three stories or higher, Chapter 718 requires a phased structural 'milestone inspection' by a licensed engineer or architect once the building reaches a certain age (commonly 30 years, or 25 years near the coast), plus a recurring Structural Integrity Reserve Study (SIRS) identifying major structural components and the reserves needed to maintain them. Associations generally must fully fund the reserves identified in the SIRS rather than waiving them. These rules are still being refined, so confirm current deadlines with your engineer and attorney.
How long does a Florida association have to provide records to an owner?
Both Chapter 720 and Chapter 718 generally require associations to make official records available for inspection and copying within 10 business days of a written request. Some records are protected and must be withheld, such as certain personal owner information, attorney-client privileged material, and security or medical records. Missing the deadline can expose the association to statutory damages, so keeping records organized and easy to produce is important.
Do Florida HOA board members have to complete a certification?
In many cases, yes. Florida law generally requires newly elected or appointed directors to either sign a written acknowledgment that they have read the governing documents and applicable statutes and will work to uphold them, or complete a state-approved education course, within a set period after taking office. The specifics differ between Chapter 720 and Chapter 718 boards. Calendar these deadlines and confirm the current requirement with your association's attorney.
Does Florida HOA software keep a board compliant with Chapter 720?
Software cannot guarantee compliance, but it makes it far easier by enforcing consistent procedures and keeping defensible records. Tools like Grihak automate assessment billing and statutory payment application, generate timestamped notices, run a documented fine-and-hearing workflow, post meeting notices on time, and maintain a permissioned document library and governance audit trail. The board still relies on its attorney for legal interpretation, but good systems turn compliance into a routine rather than a scramble.