Florida HOA Laws: Statutes, Rules & Board Duties

What Florida statutes actually require of community associations — meetings, fines, assessments and liens, records, reserves, architectural review, and the resident protections a board cannot override. Every point is cited to statute.

By the Grihak Team · Researched 2026-07-09

Governing statutes

• Homeowners' Association Act, Ch. 720, Fla. Stat. (§§ 720.301–720.318) governs mandatory-membership homeowners' associations that operate residential communities with recorded covenants and the power to levy assessments (Fla. Stat. § 720.301, § 720.302).
• Condominiums are governed separately by the Condominium Act, Ch. 718, and cooperatives by the Cooperative Act, Ch. 719 — a "condo association" is not a Ch. 720 HOA.
• Most Florida HOAs are also not-for-profit corporations subject to Ch. 617 (Florida Not For Profit Corporation Act), which supplies default rules on directors, elections, and quorum (Fla. Stat. § 720.303(1)).
• The governing documents (declaration of covenants, articles, bylaws, rules) control unless they conflict with Ch. 720 or general law; the declaration generally has priority among the documents. (verify document-hierarchy citation — Ch. 720 does not state a single ranking section as clearly as CA § 4205.)

Meetings & notice

• Open meetings: board and membership meetings must be open to all members, who have the right to attend and to speak on designated agenda items (Fla. Stat. § 720.303(2)).
• Notice of board meetings: the agenda must be posted in a conspicuous place in the community at least 48 hours in advance (except in an emergency); if there is no such location, notice must be mailed/delivered/electronically transmitted at least 7 days in advance (Fla. Stat. § 720.303(2)(c)).
• Special assessments or rule changes on parcel use require the meeting notice to be mailed/delivered/posted at least 14 days in advance and state the specific purpose (Fla. Stat. § 720.303(2)(c)).
• Board meetings on assessments and meetings where the board adopts rules must give members the mailed/posted notice described above (Fla. Stat. § 720.303(2)). (verify exact subsection for rule-adoption notice.)
• Minutes of board and membership meetings are part of the official records and must be maintained and made available to members (Fla. Stat. § 720.303(5)).

Fines & enforcement

• The association may levy reasonable fines and suspend use rights only if the authority appears in the governing documents; a fine may not exceed $100 per violation unless the governing documents provide otherwise, and may not exceed $1,000 in the aggregate unless the documents provide otherwise (Fla. Stat. § 720.305(2)).
• Due process: the board must give at least 14 days' written notice of the parcel owner's right to a hearing before an independent committee, and the hearing must be held within 90 days after the notice is issued (Fla. Stat. § 720.305(2)(b)). (verify 90-day timing — added/clarified by 2024 HB 1203.)
• The hearing committee must consist of at least three members appointed by the board who are not officers, directors, or employees (and not the spouse/relative of same); if the committee does not approve the fine by majority vote, it may not be imposed (Fla. Stat. § 720.305(2)(b)).
• If the violation is cured before the hearing, a fine or suspension may not be imposed; a fine is due at least 30 days after written notice of the committee's decision (Fla. Stat. § 720.305(2)).
• A fine of less than $1,000 may not become a lien against a parcel (Fla. Stat. § 720.305(3)); suspensions may not restrict vehicular/pedestrian ingress and egress to the parcel.

Assessments, liens & foreclosure

• Assessments are the owner's personal obligation and, once the declaration authorizes it, the association has a lien for unpaid assessments plus interest, late charges, and reasonable costs and attorney fees (Fla. Stat. § 720.3085(1)).
• Interest accrues at the rate in the declaration or, if none, at 18% per year; the association may also charge an administrative late fee not to exceed the greater of $25 or 5% of each past-due installment (Fla. Stat. § 720.3085(3)).
• Pre-lien notice: before recording a claim of lien, the association must send written notice giving the owner 45 days to pay all amounts due (by registered/certified mail and first-class mail) (Fla. Stat. § 720.3085(4)).
• Pre-foreclosure notice: an action to foreclose the lien may not begin until 45 days after the owner is given written notice of the association's intent to foreclose (Fla. Stat. § 720.3085(5)).
• A new owner is jointly and severally liable with the prior owner for all unpaid assessments that came due up to the time of transfer of title (Fla. Stat. § 720.3085(2)(b)).

Records access

• Members (or their authorized representative) may inspect and copy the association's official records within 45 miles of the community or within the county, at a mutually convenient time, within 10 business days after a written request is received (Fla. Stat. § 720.303(5)).
• Failure to provide access within 10 business days creates a rebuttable presumption of willful noncompliance, exposing the association to statutory damages (the greater of actual damages or $50 per day for up to 10 days) (Fla. Stat. § 720.303(5)(c)). (verify per-day amount and cap.)
• Official records must be kept for at least 7 years unless the governing documents require longer (Fla. Stat. § 720.303(5)); certain owner-personal and privileged records are exempt from inspection (Fla. Stat. § 720.303(5)(c)).
• Members may use portable devices (phone, tablet, scanner) to photograph/copy records at no charge (Fla. Stat. § 720.303(5)).
• HB 1203 website rule: associations with 100 or more parcels must post specified official records on a website or make them available through a mobile app by January 1, 2025 (Fla. Stat. § 720.303(5) / § 720.303(4)). (verify exact subsection.)

Reserves & budgets

• The association must adopt an annual budget that includes reserve accounts for capital expenditures and deferred maintenance if reserves are established by the developer or by a member vote (Fla. Stat. § 720.303(6)).
• Reserves, once established, may be reduced or waived only by a majority vote of the total voting interests at a meeting; otherwise they must be fully funded in the budget (Fla. Stat. § 720.303(6)(f)–(g)). (verify exact subsections.)
• Financial reporting scales with revenue: within 90 days after fiscal year-end the association must prepare a report, ranging from a report of cash receipts/disbursements up to audited financial statements for associations with revenues of $500,000 or more (Fla. Stat. § 720.303(7)). (verify current revenue thresholds — amended over time.)
• HB 1203: associations with 1,000 or more parcels must prepare audited financial statements regardless of revenue (Fla. Stat. § 720.303(7)). (verify — 2024 amendment.)

Architectural control

• The association may review and enforce architectural/design standards only to the extent the authority is stated in or reasonably inferred from the declaration or published guidelines, and must apply the standards reasonably and equitably to all owners (Fla. Stat. § 720.3035(1)).
• If the governing documents give the owner an option among listed materials, sizes, designs, or locations, the association may not restrict the owner's choice among those options (Fla. Stat. § 720.3035(2)).
• The association may not enforce standards on interiors not visible from the parcel frontage, an adjacent parcel, common area, or an adjacent recreational facility (Fla. Stat. § 720.3035(3)).
• A denial must be in writing and cite the specific covenant/guideline relied on; an owner may recover damages and attorney fees if the association "unreasonably, knowingly, and willfully" infringes documented rights (Fla. Stat. § 720.3035(5)). (verify subsection for the fee-shifting language.)

Protected activities (what an HOA generally cannot prohibit)

• Solar collectors, clotheslines, and other renewable-energy devices may not be prohibited; the association may only specify roof placement within an orientation to the south or within 45° east/west of due south if that does not impair effective operation (Fla. Stat. § 163.04).
• U.S. flag and other flags: an owner may display up to two portable flags (not larger than 4½ ft × 6 ft — U.S., Florida, military, POW-MIA, first-responder) and may erect a freestanding flagpole up to 20 feet despite any covenant (Fla. Stat. § 720.304(2)).
• Florida-Friendly / drought-tolerant landscaping: a deed restriction "may not prohibit or be enforced so as to prohibit any property owner from implementing Florida-Friendly Landscaping" as defined in Fla. Stat. § 373.185 (Fla. Stat. § 720.3075(4)); the association may still apply reasonable aesthetic guidelines. (verify § 720.3075(4) cross-reference.)
• Backyard / not-visible items (HB 1203): an association may not restrict items — including artificial turf, vegetable gardens, boats, and clotheslines — that are not visible from the parcel frontage or an adjacent parcel (Fla. Stat. § 720.3045). (verify section number — added by 2024 HB 1203.)
• Vehicles / other: work vehicles, hurricane-protection/shutters conforming to adopted specifications, and disability access ramps (with physician certification) are also protected (Fla. Stat. § 720.304, § 720.3035). (verify hurricane-protection subsection — may sit in § 720.3035.)

Fair housing & assistance animals

• The Florida Fair Housing Act, §§ 760.20–760.37, and the federal Fair Housing Act prohibit housing discrimination by associations, including on the basis of disability, and require reasonable accommodations (Fla. Stat. § 760.23).
• Emotional-support / assistance animals: a person with a disability or disability-related need must be allowed to keep such an animal as a reasonable accommodation, notwithstanding a "no pets," breed, or size rule (Fla. Stat. § 760.27(2)).
• Where the disability or need is not readily apparent, the association may request reliable supporting information from a health-care practitioner with personal knowledge, but may not require a specific form, a notarized statement, or disclosure of the diagnosis/medical records (Fla. Stat. § 760.27(2)(b)). Knowingly providing fraudulent ESA information is a misdemeanor (Fla. Stat. § 817.265). (verify § 817.265 cite.)

Required disclosures

• Governing documents / member packet: the association must make governing documents, budgets, and financial reports available to members (Fla. Stat. § 720.303(4)–(5)); developers must give initial purchasers disclosure summaries (Fla. Stat. § 720.401).
• Estoppel certificate: on written or electronic request the association must deliver an estoppel certificate within 10 business days, capped at $250 (no delinquency), +$100 for expedited (3-business-day) delivery, and +$150 if amounts are delinquent (Fla. Stat. § 720.30851).
• An estoppel certificate is valid 30 days if hand-delivered or emailed, or 35 days if mailed; no fee may be charged if it is not delivered within 10 business days (Fla. Stat. § 720.30851).
• HB 1203 accounting: on written request the association must provide a detailed accounting of amounts owed within 15 business days (Fla. Stat. § 720.3085 / § 720.303). (verify exact section — 2024 amendment.)

Dispute resolution

• Pre-suit mediation is required before filing suit for most disputes over use of or changes to parcels/common areas, covenant enforcement, document amendments, and meetings/records — the demanding party serves a statutory offer to participate, and the other side has 20 days to respond (Fla. Stat. § 720.311(2)).
• Assessment/fine-collection disputes and matters needing emergency relief are excluded from mandatory pre-suit mediation (Fla. Stat. § 720.311(2)).
• Election and recall disputes are not mediated — they must be arbitrated by the Department of Business and Professional Regulation (Division) or filed in court (Fla. Stat. § 720.311(1), § 720.306(9)). (verify recall subsection cross-reference.)
• A party that refuses to participate in ordered mediation may lose the right to recover attorney fees (Fla. Stat. § 720.311(2)).

Recent changes (2023–2026)

• HB 1203 (2024, eff. July 1, 2024): comprehensive HOA overhaul — director education/certification (new directors certify within 90 days; annual CE of 4 hours (<2,500 parcels) or 8 hours (≥2,500 parcels)); fining process ($100/violation, 14-day hearing notice, cure-before-hearing); website posting of records for associations ≥100 parcels by Jan 1, 2025; audited financials for ≥1,000 parcels; and new manager/owner conduct rules (amending Fla. Stat. §§ 720.303, 720.305, 720.3035). (verify individual subsection placements.)
• HB 1203 backyard-items protection: associations may not restrict items not visible from the frontage/adjacent parcel, including artificial turf and gardens (Fla. Stat. § 720.3045). (verify section number.)
• HB 983 (2025): makes further changes to the HOA Act (Ch. 720) — redefines "assessments," modifies election and recall procedures, and adds financial-reporting/covenant requirements for private recreational amenities. (verify — recent; confirm effective date and codified sections.)
• HB 913 (2025, Ch. 2025-175): major reforms but applies to condominium/cooperative associations (Ch. 718/719), not Ch. 720 HOAs. (verify effective date — reported as Oct. 1, 2025.)
• Artificial-turf / water-conservation update (2025): new legislation reported to permit artificial turf on parcels under one acre notwithstanding some HOA rules (reported as Fla. Stat. § 125.572). (verify — statute number and applicability to HOAs unconfirmed; not independently verified against the statute text.)

Sources

• Chapter 720 full text (2025) — https://www.flsenate.gov/Laws/Statutes/2025/Chapter720/All ; § 720.303 — http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/Sections/0720.303.html ; § 720.305 — http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/Sections/0720.305.html
• § 720.3085 (assessments/liens) — https://www.flsenate.gov/Laws/statutes/2025/720.3085 ; § 720.3035 (architectural) — https://www.flsenate.gov/Laws/statutes/2025/720.3035 ; § 720.304 (flags/protected uses) — https://www.flsenate.gov/Laws/statutes/2025/720.304
• § 720.30851 (estoppel) — https://www.flsenate.gov/Laws/statutes/2025/720.30851 ; § 720.311 (dispute resolution) — https://www.flsenate.gov/Laws/statutes/2025/720.311
• Solar/clotheslines/energy devices § 163.04 — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0163/Sections/0163.04.html ; Florida-Friendly Landscaping § 373.185 — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0373/Sections/0373.185.html
• Assistance/emotional-support animals § 760.27 — https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.27.html ; Florida Fair Housing Act §§ 760.20–760.37
• HB 1203 (2024) bill page — https://www.flsenate.gov/Session/Bill/2024/1203 ; analyses: Jimerson Birr — https://www.jimersonfirm.com/blog/2024/09/navigating-hb-1203-new-changes-impacting-homeowners-associations-in-florida/ ; Becker & Poliakoff — https://beckerlawyers.com/hb-1203-changes-to-the-homeowners-association-act-florida-community-association-journal/ ; Varnum — https://www.varnumlaw.com/insights/changes-florida-hoas-house-bill-1203/
• 2025 session summaries — HB 913 (2025) — https://www.flsenate.gov/Session/Bill/2025/913 ; Adams and Reese 2025 legislation — https://www.adamsandreese.com/insights/new-2025-florida-legislation-impacting-community-associations ; Rembaum's Association Roundup — https://rembaumsassociationroundup.com/2025/07/01/house-bill-913-a-summary-of-what-you-need-to-know/
• FLCAA 2026 Chapter 720 / HB 1203 compliance guide — https://www.flcaa.com/post/legislation-impacting-florida-homeowners-associations

Want the plain-language board's walkthrough? Read our in-depth Florida HOA laws guide.

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