Florida Statutes Chapter 720: Homeowners' Association Act, Key Sections

Quick Answer

Chapter 720 of the Florida Statutes is the Homeowners' Association Act. It covers corporations not for profit that operate residential communities, and it sets rules for board meetings, official records, budgets, financial reports, director education, fines and suspensions, architectural review, elections and recalls, and assessments and liens. Unlike chapter 718 for condominiums, the chapter says the Legislature chose not to create a state agency to regulate HOAs. The newest addition is § 720.3035(1)(c), effective July 1, 2026: an HOA may not require a building permit as a prerequisite for architectural review.

At a Glance

What the Law Says

Structure of the chapter

Part I section titles in the 2026 index include: definitions (§ 720.301); purposes, scope and application (§ 720.302); association powers and duties (§ 720.303); officers and directors (§ 720.3033); architectural control covenants (§ 720.3035); right of owners to peaceably assemble and display of flags (§ 720.304); installation, display and storage of items (§ 720.3045); fines and suspension (§ 720.305); contracts for products and services (§ 720.3055); meetings of members, voting and election procedures and amendments (§ 720.306); fraudulent voting (§ 720.3065); transition of association control (§ 720.307); prohibited clauses in association documents (§ 720.3075); assessments and lien claims (§§ 720.308 and 720.3085); estoppel certificates (§ 720.30851); dispute resolution (§ 720.311); emergency powers (§ 720.316); and electronic voting (§ 720.317).

Scope and state oversight, § 720.302

• The purposes are "to give statutory recognition to corporations not for profit that operate residential communities," to provide operating procedures, and to protect members' rights "without unduly impairing the ability of such associations to perform their functions."
• The Legislature "recognizes that it is not in the best interest of homeowners' associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners' associations." The chapter does, however, provide an expedited process through the department for election and recall disputes and presuit mediation of covenant enforcement disputes (§ 720.311).
• Associations are governed by the chapter and by part I of chapter 607 or by chapter 617, depending on which they incorporated under.

Board meetings, records, budgets and reporting, § 720.303

• Meetings: a board meeting occurs whenever a quorum gathers to conduct association business. Meetings are open to members, except attorney meetings on proposed or pending litigation and personnel discussions. Notice must be posted conspicuously at least 48 hours ahead (or mailed at least 7 days ahead), with a 14-day notice for meetings considering special assessments or rule amendments about parcel use. If 20 percent of the total voting interests petition the board, it must take up the item within 60 days.
• Records: official records are kept for at least 7 years and must be made available within 10 business days after a written request. If the request is "submitted by certified mail, return receipt requested," a failure creates a rebuttable presumption of willful noncompliance. Minimum damages are $50 per calendar day up to 10 days, starting on the 11th business day. The association may not require a stated reason and may not limit inspection to less than one 8-hour business day per month. It may charge up to 25 cents per page and personnel costs capped at $20 per hour for time over one-half hour, with no personnel charge for requests of 25 or fewer pages.
• Website: "By January 1, 2025, an association that has 100 or more parcels" must post listed documents on a website or app, including governing documents, the budget, the financial report, insurance policies, director certifications, meeting notices and agendas, and conflict-of-interest contracts. Notice and agenda go up at least 14 days before a members' meeting, and documents to be voted on at least 7 days before.
• Budgets and reserves: reserves are optional until members approve them. An association is "deemed to have provided for reserve accounts upon the affirmative approval of a majority of the total voting interests." Once established, reserves can be waived or reduced for one budget year by majority vote at a meeting with a quorum.
• Financial reports: prepared within 90 days after year end. Under $150,000 in revenue, a report of cash receipts and expenditures; $150,000 to under $300,000, compiled; $300,000 to under $500,000, reviewed; $500,000 or more, audited. An association with at least 1,000 parcels prepares audited statements regardless of revenue. Members receive the report or notice within 21 days after completion and not later than 120 days after year end. If 20 percent of parcel owners petition, a meeting is held to vote on a higher level.
• Accountings and rules: on written request, the board must provide a detailed accounting of amounts owed within 15 business days, with a 90-day wait before another request. The association must provide a copy of rules and covenants to new members, and an updated copy when they are amended.
• Other duties: litigation over $100,000 in controversy needs approval of a majority of voting interests at a meeting with a quorum. Directors, officers and committee members may not receive compensation, with listed exceptions. Association debit cards are prohibited.
• Recall: a majority of the total voting interests may recall a director with or without cause. The board must hold a meeting within 5 full business days after receiving the written recall agreement or ballots and either certify the recall or file for arbitration or court review.

Directors, § 720.3033

• Each director must submit, within 90 days after election or appointment, a certificate of completing a department-approved course covering financial literacy and transparency, recordkeeping, levying of fines, and notice and meeting requirements. The certificate "is valid for up to 4 years."
• Directors of an association with fewer than 2,500 parcels must complete 4 hours of continuing education annually. At 2,500 parcels or more, 8 hours.
• A director who does not timely file is suspended until compliance. Failure to have the certificate on file does not affect the validity of board action.
• Contracts with a director or an entity in which a director is financially interested require compliance with § 617.0832, entry of disclosures in the minutes, approval by two-thirds of directors present, and disclosure to members, who can cancel the contract by majority vote.
• An officer, director or manager may not accept a kickback, a third-degree felony. A director or officer charged with listed crimes must be removed from office.

Architectural control, § 720.3035

• Review and enforcement authority exists "only to the extent that the authority is specifically stated or reasonably inferred" in the declaration or published guidelines.
• An association may not enforce rules on interiors not visible from the parcel's frontage, an adjacent parcel, common area or community golf course.
• New in 2026: an association or architectural committee "may not require a building permit to be issued by a governmental authority to a parcel owner as a prerequisite for review." This is paragraph (1)(c), added by ch. 2026-63 (CS/CS/HB 803, effective July 1, 2026).
• If the committee denies an application, it must give written notice stating with specificity the rule or covenant relied on and the part of the proposal that does not conform.
• Every association must adopt hurricane protection specifications that comply with the building code and may not deny an application that conforms to them.

Fines and suspensions, § 720.305

• A fine may not exceed $100 per violation "unless otherwise provided in the governing documents," may be levied per day of a continuing violation with a single notice and hearing, and may not exceed $1,000 in the aggregate unless the documents provide otherwise. A fine under $1,000 "may not become a lien against a parcel."
• Before a fine or suspension, the board must give at least 14 days' written notice of the right to a hearing. The hearing must be held within 90 days before a committee of at least three members who are not officers, directors or employees (or their close relatives). If the committee does not approve by majority vote, the fine or suspension may not be imposed.
• If the violation is cured before the hearing or as stated in the notice, no fine or suspension may be imposed. A fine must be payable at least 30 days after written notice of the committee's findings.
• An association may suspend use rights and voting rights when a member is more than 90 days delinquent. Suspensions may not block access to the parcel, including parking.
• No fine or suspension for leaving garbage receptacles at the curb within 24 hours before or after collection, or for leaving holiday decorations up unless they remain more than 1 week after written notice.

What This Means in Practice

For boards

Because no state agency regulates HOAs, enforcement mostly happens in court and through the department's arbitration and mediation processes for recalls, elections and covenant disputes. Boards carry the compliance burden themselves. The statute lists several date-driven duties: the 100-parcel website, the 90-day financial report, annual continuing education for directors, and the 10-business-day records response.

Notice math (our arithmetic, for illustration): a fiscal year ending December 31 gives a March 31 preparation target (non-leap year) and an outer delivery date of April 30 (120 days). The statute does not say how days are counted, so confirm with counsel.

For owners

Owners have a right to attend board meetings and speak on agenda items, to inspect records, to a hearing before a committee of independent members before any fine, and to challenge covenant enforcement in court with fee-shifting for the prevailing party.

What the law does not say

• Our reading: in the sections we read, it does not set up a state complaint process for most HOA disputes, apart from the department processes for elections, recalls and presuit mediation described in § 720.302(2).
• It does not say whether the 2026 changes in chapter 617 (see the nonprofit corporations page) change HOA duties. Section 720.303(9) says §§ 617.1601 to 617.1604 do not apply to an HOA in which members have the inspection rights set out in § 720.303. Confirm the rest with counsel.
• We read §§ 720.302, 720.303, 720.3033, 720.3035 and 720.305 in full. We did not read §§ 720.306, 720.3085, 720.311 or the other sections in full, so the section list above is based on titles only.

Timeline

Related Florida Law

• § 720.303: records, budgets and financial reporting
• § 720.305: fines and suspensions
• § 720.3035: architectural control
• Chapter 617: nonprofit corporations
• Chapter 718: the Condominium Act
• HB 803 (2026): HOA architectural review and building permits
• HB 1203 (2024): HOA reform
• Florida HOA laws complete guide
• Florida HOA law changes 2021 to 2025

Board Checklist

• Count parcels. At 100 or more, confirm the website or app is live and the required documents are posted.
• Confirm every director has a department-approved course certificate within 90 days of taking office and calendar continuing education (4 or 8 hours a year depending on size).
• Adopt a written records-request procedure with a 10-business-day tracker, and note whether requests arrive by certified mail.
• Review the fine schedule against § 720.305: $100 per violation default, $1,000 aggregate, hearing notice, independent committee of at least three, 30-day payment date.
• Remove any building permit prerequisite from architectural application forms and guidelines.
• Confirm hurricane protection specifications are adopted and comply with the building code.
• Pick the financial report level by revenue and parcel count (audit at 1,000 parcels).
• Review any contract involving a director or relative and follow the two-thirds approval and minute disclosure steps.

Frequently Asked Questions

What is Chapter 720 of the Florida Statutes?

The Homeowners' Association Act. It governs corporations not for profit that operate residential communities, including board meetings, records, budgets, director education, fines and architectural review.

Does a state agency regulate Florida HOAs?

The chapter states that creating a state agency to regulate HOAs is not in the interest of associations or members. The department does hear election and recall disputes and presuit mediation of covenant enforcement disputes under § 720.311.

How much can an HOA fine?

Up to $100 per violation unless the governing documents provide otherwise, with a $1,000 aggregate cap for a continuing violation unless the documents provide otherwise. A fine under $1,000 cannot become a lien on the parcel.

How fast must an HOA produce records?

Within 10 business days after a written request. If the request was sent by certified mail, return receipt requested, a failure creates a rebuttable presumption of willful noncompliance, with minimum damages of $50 per day for up to 10 days.

Does my HOA need a website?

If it has 100 or more parcels, yes. The statute set a date of January 1, 2025 for posting listed documents on a website or app.

What is the newest change?

Section 720.3035(1)(c), effective July 1, 2026, which prohibits requiring a building permit as a prerequisite for architectural review.

Does chapter 720 apply to condominiums?

No. Associations regulated under chapter 718, 719 or 721 are excluded except where a provision is expressly incorporated.

Where This Comes From

We read the contents index for chapter 720 and the full text of §§ 720.302, 720.303, 720.3033, 720.3035 and 720.305 in the 2026 Florida Statutes at leg.state.fl.us, plus the Florida Senate bill pages for HB 803 and HB 797 (2026). We did not read the other sections of the chapter in full, the enrolled laws behind each history line, or any appellate decision.

How APM Helps

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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.