Quick Answer
Section 720.307 of the Florida Statutes governs when a homeowners' association passes from the developer to the owners. Members other than the developer may elect at least a majority of the board at the earlier of several events, the main one being "three months after 90 percent of the parcels" have been conveyed to non-developer members. Within no more than 90 days after that point, the developer must deliver a listed set of documents and funds to the board at the developer's expense.
The one thing boards most need to know: the document list in subsection (4) is long, and for associations incorporated after December 31, 2007 it includes independently audited financial records back to incorporation.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | Fla. Stat. section 720.307, "Transition of association control in a community" (2026 Florida Statutes) |
| Effective date | Enacted by chapter 95-274 (former section 617.307). History line lists amendments in 1998, 2000, 2007, 2013 and 2021 (chapter 2021-99, section 23). |
| Applies to | Homeowners' associations only. Condominiums are covered by section 718.301. |
| Key sections | 720.307(1) triggers; (2) minority seat at 50 percent; (3) developer seat; (4) turnover deliverables; (5) exclusions |
| Remedy or penalty | None stated in this section. |
What the Law Says
When owners elect a board majority, subsection (1)
Members other than the developer may elect at least a majority of the board when the earlier of these occurs:
- "Three months after 90 percent of the parcels in all phases of the community that will ultimately be operated by the homeowners' association have been conveyed to members other than the developer."
- Another percentage of parcels conveyed, or another date or event, set in the governing documents "to comply with the requirements of any governmentally chartered entity with regard to the mortgage financing of parcels."
- The developer abandoning or deserting its responsibility to maintain and complete amenities or infrastructure disclosed in the governing documents. There is a "rebuttable presumption" of abandonment if the developer has unpaid assessments or guaranteed amounts under section 720.308 "for a period of more than 2 years."
- The developer filing a petition under chapter 7 of the federal Bankruptcy Code.
- The developer losing title through foreclosure or deed in lieu, unless the successor owner accepted an assignment of developer rights and responsibilities first arising after the assignment.
- A receiver for the developer being appointed by a circuit court and not discharged within 30 days, unless the court finds within 30 days that transfer of control would be detrimental to the association or its members.
"Members other than the developer" does not include builders, contractors or others who buy a parcel to construct improvements for resale.
Minority and developer seats, (2) and (3)
Non-developer members may elect at least one director when 50 percent of the parcels have been conveyed to them. The developer may elect at least one director "as long as the developer holds for sale in the ordinary course of business at least 5 percent of the parcels." After the developer relinquishes control, it may vote its remaining voting interests like any other member, except to reacquire control or select the majority of the board.
Delivery of documents and funds, (4)
When members are entitled to elect a board majority, the developer must, "at the developer's expense, within no more than 90 days," deliver items including:
- deeds to common property, the original declaration, certified articles, bylaws, minute books and association books and records;
- adopted policies, rules and regulations, and director resignations;
- financial records from incorporation to turnover, all association funds and control of them, and all tangible property;
- contracts, insurance policies, permits, warranties, a list of contractors and employees, and employment and service contracts;
- a roster of current homeowners with addresses, telephone numbers and section and lot numbers; and
- under (4)(t), financial records and statements with source documents, "audited by an independent certified public accountant," prepared under generally accepted accounting principles. Paragraph (t) "applies to associations with a date of incorporation after December 31, 2007."
Exclusions, (5)
The section "does not apply to a homeowners' association in existence on the effective date of this act, or to a homeowners' association, no matter when created, if such association is created in a community that is included in an effective development-of-regional-impact development order as of the effective date of this act." The text we read does not state the "effective date of this act" in this section.
What This Means in Practice
For boards
Our reading: the 90-day clock in (4) starts when members "are entitled to elect" a majority, which can be earlier than the first election, so a board should track the parcel conveyance count and the other triggers instead of waiting for the developer to announce turnover. Use the list in (4) as a checklist for the incoming board and keep dated records of what arrived and what did not.
For owners
Owners can ask the developer or board how many parcels have been conveyed to non-developer members, since the main trigger depends on that percentage. Note the exclusion for builders who buy to build and resell.
What the statute does not say (our reading)
- Section 720.307 states no penalty for a late or incomplete delivery. Other remedies may exist in chapter 720 or the governing documents; ask counsel.
- It does not describe how the first owner-controlled election is noticed or run. Elections are covered elsewhere in chapter 720.
- The text does not define "effective date of this act" in subsection (5).
Timeline
| Date | Event |
|---|---|
| 1995 | Chapter 95-274 creates the section (formerly 617.307) |
| December 31, 2007 | Paragraph (4)(t) audit requirement applies to associations incorporated after this date |
| 2021 | Latest amendment in the history line, chapter 2021-99, section 23 (change not read) |
Related Florida Law
- Florida Statutes chapter 720: the Homeowners' Association Act
- Section 718.301: condominium developer turnover
- Section 720.303: records, budgets and financial reporting
- Section 720.306: member meetings and elections
- Section 720.3085: assessments and liens
- Florida HOA laws complete guide
Board Checklist
- Track the number of parcels conveyed to non-developer members against the 90 percent trigger.
- Check the governing documents for a different percentage, date or event tied to mortgage financing requirements.
- Calendar the 90-day delivery window from the date members became entitled to elect a majority.
- Build a receipt log from the (4)(a) to (4)(t) list and note what is missing.
- Confirm control of all association bank accounts transferred and signers updated.
- Compare the delivered financial records against the independent audit requirement if the association was incorporated after December 31, 2007.
- Ask counsel about any gap, since this section states no penalty.
Frequently Asked Questions
When do owners take control of a Florida HOA board?
At the earliest of the events in subsection (1), the main one being three months after 90 percent of parcels in all phases have been conveyed to members other than the developer.
How long does the developer have to hand over documents?
The statute says "within no more than 90 days," at the developer's expense, after members are entitled to elect at least a majority of the board.
Does the developer lose all board seats at turnover?
Not necessarily. Subsection (3) lets the developer elect at least one director while it holds at least 5 percent of the parcels for sale in the ordinary course, but it cannot use its votes to reacquire control or select the board majority.
Does developer bankruptcy trigger turnover?
A petition under chapter 7 of the federal Bankruptcy Code triggers it under (1)(d). The text we read does not mention other chapters of the Code.
Does this apply to condominiums?
No. Section 720.307 begins "With respect to homeowners' associations." Condominium turnover is governed by section 718.301.
Are older associations covered?
Subsection (5) excludes associations in existence on the effective date of the act and certain associations in developments of regional impact. Whether it applies to a particular older association is a question for counsel.
Where This Comes From
We read the full text and history line of section 720.307 in the 2026 Florida Statutes on the Florida Legislature's Online Sunshine site (section 720.307). We did not read section 720.308 or the session laws behind the amendments.
Where We Stand
Our position: we support this law, with a caveat. A fixed 90-day delivery window and a detailed document list protect owners at the moment they are most exposed, but the section states no penalty and its triggers depend on parcel counts that owners often cannot see. Practical tip: ask the developer early for the conveyed-parcel count and the status of each item on the (4) list, and keep your own dated log. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.
How APM Helps
Association Property Managers provides remote HOA and condo management for associations in Florida, starting at a flat $99/month per community with no per-door fees or long-term contracts. See remote management in Florida, browse every Florida state-law guide, or request a free proposal, delivered within three business days. Laws and licensing rules differ by state, and we confirm the requirements for Florida when we build your proposal.
Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.
Ready to work with Association Property Managers?
Get a free, itemized proposal for your community — delivered within 3 business days.
Request a Free Proposal
