HOA Laws in Florida

Reflects Florida law as of August 2026. HOA disputes are governed by Chapter 720, Florida Statutes. Condominiums are governed by a different statute, Chapter 718; see Florida Condominium Laws.

What is a Florida HOA?

A Florida homeowners' association is generally an association in a community where membership is mandatory and owners are obligated by recorded covenants or other governing documents to pay assessments. Unpaid assessments may become a lien against the parcel when the association follows the requirements of Chapter 720 and the governing documents.

A voluntary civic, neighborhood, or social association is different. Chapter 720 generally applies when recorded covenants require ownership in the association and payment of assessments as a condition of owning the property.

Chapter 720 is not a complete code of conduct for associations. It sets minimum procedures (for meetings, records, fines, elections, and collections) and a short list of things an association cannot do. Most of the detail lives in your community's recorded documents. Unlike condominium associations, HOAs do not have a state agency with general authority to investigate ordinary board misconduct or enforce Chapter 720 on behalf of homeowners.

The Division of Florida Condominiums, Timeshares, and Mobile Homes handles certain HOA election and recall disputes through arbitration. Chapter 720 also requires presuit mediation for many owner-versus-association disputes. Most other HOA rights are enforced by homeowners through records requests, elections, recalls, mediation, negotiation, insurance claims, or court action. If an HOA breaks the law, the remedy is usually a lawsuit, preceded by the mediation described below.

Which documents control?

Every HOA question starts with the governing documents. In general, the documents operate in the following order, subject to controlling Florida statutes:

1. The declaration of covenants. Recorded in the county's official records, it runs with the land and binds every owner. It creates the association, defines the lots and common areas, sets use restrictions, and grants the power to assess.
2. The articles of incorporation, which create the corporation.
3. The bylaws, which set the mechanics of governance: board size, terms, meetings, officers.
4. Rules and regulations adopted by the board.

A lower-level document cannot override a higher-level document. A board rule that conflicts with the declaration is generally unenforceable. A rule also cannot eliminate a right the declaration expressly grants or reasonably implies unless the declaration authorizes that result. Florida courts have stated the test this way: a board-adopted rule is valid if it is within the board's authority and does not contravene "either an express provision of the declaration or a right reasonably inferable therefrom." Beachwood Villas Condominium v. Poor, 448 So. 2d 1143 (Fla. 4th DCA 1984). The same basic principle applies in HOAs: a board rule must be authorized by the governing documents, consistent with the declaration, and reasonably related to a legitimate association purpose.

Florida statutes control when they conflict with the governing documents, although Chapter 720 contains some provisions that apply only when the documents do not provide a different rule.

In practice this means that before you accept a board's position on almost anything, read the section of the declaration the board is relying on. Boards are frequently wrong about what their own documents say.

What can the board do?

The board runs the association. Within the authority the declaration and bylaws give it, the board adopts the budget, levies assessments, maintains the common areas, hires the manager and vendors, enforces the covenants, and (if the documents allow) adopts rules. Directors and officers owe a fiduciary duty to the association's members. They must act within their authority, in good faith, and in the association's best interests. Section 720.3033.

Directors generally may not receive compensation for serving on the board, although the statute allows reimbursement of authorized expenses. Officers, directors, and managers may not solicit, offer to accept, or accept kickbacks from vendors or prospective vendors. Chapter 720 also restricts the use of association debit cards.

A director elected or appointed on or after July 1, 2024, must submit a certificate of completion of a state-approved board-member education curriculum within 90 days. Directors must also complete annual continuing education: at least four hours for an association with fewer than 2,500 parcels and at least eight hours for an association with 2,500 or more parcels.

When a board's decision is challenged in court, judges apply the business judgment rule. A court will defer to the decision "if that decision is within the scope of the association's authority and is reasonable—that is, not arbitrary, capricious, or in bad faith." Miller v. Homeland Property Owners Ass'n, 284 So. 3d 534 (Fla. 4th DCA 2019). The business-judgment rule generally protects a board decision that is within the board's authority, based on an appropriate inquiry, and reasonable rather than arbitrary, capricious, discriminatory, or made in bad faith.

A board does not receive that protection when it acts outside the governing documents, violates a statute, fails to follow required procedures, or selectively enforces restrictions without a legitimate basis.

Two limits on board authority come up constantly. First, the board generally cannot amend the declaration by itself. Declaration amendments ordinarily require the owner approval stated in the declaration and applicable statute. The default approval threshold under Chapter 720 is generally two-thirds of the voting interests unless the declaration provides a different lawful procedure or the proposed amendment requires a special statutory approval level. Section 720.306(1)(b). Second, an architectural-review committee has only the authority provided by the declaration and authorized architectural standards. The association and committee must apply and enforce architectural standards reasonably and equitably to all parcel owners. Section 720.3035(1).

What an HOA cannot restrict

The Legislature has taken a list of decisions away from HOA boards entirely. Regardless of what your documents say, a Florida HOA may not:

• Prohibit an owner or tenant from parking a personal vehicle, including a pickup truck, in the owner's driveway or in another location where the owner or tenant has a lawful right to park. An HOA also generally may not prohibit a work vehicle from being parked in the driveway if the vehicle is not a "commercial motor vehicle" as defined by Florida law. Section 720.3075(3)(d). Separate protections apply to qualifying first-responder vehicles. Section 720.318. Local parking laws, commercial-motor-vehicle rules, and restrictions on common-area parking may still apply.
• Enforce a covenant or rule that restricts an improvement or other item on your parcel if the item is not visible from the parcel's frontage, an adjacent parcel, an adjacent common area, or a community golf course, subject to statutory exceptions. The statute gives examples including artificial turf, boats, flags, vegetable gardens, clotheslines, and recreational vehicles. Whether a particular item is protected depends on visibility, the governing documents, and the statutory exceptions. Section 720.3045.
• Prohibit an owner from displaying up to two portable, removable flags from the statutory list, including the United States flag, Florida flag, military branch flags, POW-MIA flag, and qualifying first-responder flags. The association also may not prohibit a flagpole up to 20 feet high when installed and maintained in accordance with applicable building codes, setback requirements, and statutory conditions. Section 720.304(2).
• Deny an application to install hurricane protection that complies with the association's adopted specifications and applicable law. Hurricane protection can include shutters, impact-resistant windows and doors, reinforced garage doors, roof systems meeting code, generators, and other qualifying protective improvements. The association may adopt reasonable specifications, but it may not use those specifications to unreasonably block a qualifying hurricane-protection application. Section 720.3035(6).
• Prohibit Florida-friendly landscaping. Section 720.3075(4).
• Require an owner to use a particular vendor, contractor, or preferred-vendor list for an improvement, except where another law or valid governing-document provision lawfully requires it. The association also may not require a contractor to hold a license that Florida law does not require for the proposed work. Section 720.3075(3)(e).
• Review or restrict interior items, or an air-conditioning system that is substantially similar to an approved one, when they are not visible from the exterior vantage points listed above. Section 720.3035(1)(b).
• Require an owner to first obtain a government-issued building permit before the association or architectural-review committee reviews the owner's construction or improvement application. Section 720.3035(1)(c). This protection became effective July 1, 2026. The owner may still be required to obtain any permit required by local, state, or federal law before beginning work.
• Fine or suspend an owner for leaving a garbage receptacle at the curb or end of a driveway within 24 hours before or after the designated collection day or time. The association also may not fine or suspend an owner for holiday decorations or lights unless the decorations remain up for more than one week after the association provides written notice of the violation. Section 720.305(7).
• Prohibit a security-company sign of reasonable size within 10 feet of an entrance. Section 720.304(6).

If the association or architectural-review committee denies an architectural application, the denial must be in writing. It must identify the specific covenant, rule, guideline, or standard relied on and the specific part of the proposal that does not comply. Section 720.3035(4).

An owner whose architectural rights are unreasonably, knowingly, and willfully impaired may be entitled to statutory damages and attorney fees under section 720.3035.

Meetings and notice

Board meetings at which a quorum of directors is present are generally open to HOA members. The statute permits closed board-meeting portions for consultations with the association's attorney concerning proposed or pending litigation and for discussions concerning personnel matters.

The association should limit a closed meeting to the subject that qualifies for closure. Other association business should be conducted at an open meeting. You have the right to speak on every agenda item, subject to reasonable written rules on length, and you may record the meeting. Sections 720.303(2) and 720.306(10).

Board-meeting notice must identify the agenda items and generally must be conspicuously posted in the community at least 48 hours before the meeting, except in a genuine emergency.

Owners have a right to know the matters the board plans to discuss and vote on. A board should not use a vague agenda description to conceal a substantive decision.

Two kinds of meetings require more: if the board will consider a special assessment, or an amendment to rules regarding the use of lots, written notice must be mailed, delivered, or e-mailed to every owner and posted at least 14 days before the meeting, and the notice must say that assessments will be considered and describe them. Section 720.303(2)(c). Because the meeting notice must identify the agenda items, the board should ordinarily vote only on matters listed on the noticed agenda. Emergency action may be necessary in limited circumstances, but the board should document the emergency, the action taken, and the basis for acting without ordinary advance notice. If at least 20 percent of the total voting interests submit a written petition requesting that the board address an item of business, the board must place the item on the agenda of its next regular board meeting or a special board meeting held within 60 days after receiving the petition.

Members' meetings, including the annual meeting, require at least 14 days' mailed, delivered, or electronic notice to every owner. Section 720.306(5). Members holding at least 10 percent of the voting interests may call a special members' meeting, subject to the governing documents and statutory notice requirements. The default quorum for an HOA members' meeting is 30 percent of the total voting interests unless the governing documents provide a lower percentage.

Minutes of every board and members' meeting must be kept, and the minutes must record how each director voted on each item. Section 720.303(3).

Elections and recalls

HOA directors are elected at the annual members' meeting under the procedure stated in the bylaws and Chapter 720. Eligible members may nominate themselves as candidates, including from the floor unless the governing documents require advance nominations.

An owner's eligibility to run can be affected by statutory disqualifications, the governing documents, and any valid nomination procedure. If the number of eligible candidates does not exceed the number of open board seats, the association may not need to conduct a contested election. The candidates may take office as provided by the bylaws and section 720.306(9).

A person generally may not serve on an HOA board if the person is more than 90 days delinquent in paying a monetary obligation due to the association. A person convicted of a felony is also generally ineligible unless the person's civil rights have been restored for at least five years as of the date the person seeks election or appointment. Proxies may be used in HOA elections if the governing documents and Chapter 720 permit them. A proxy must meet the statutory requirements, including being dated, signed, and limited to the meeting for which it is given. A proxy generally expires 90 days after the meeting date unless a shorter period is stated in the proxy or governing documents.

HOA election disputes may be resolved through Division arbitration or a court action. Election disputes are not subject to ordinary Chapter 720 presuit mediation. A majority of all voting interests may recall any HOA director with or without cause by written agreement or by vote at a properly called members' meeting. Owners holding at least 10 percent of the voting interests may call a special meeting for a recall vote, subject to the statutory recall procedure and the governing documents. Section 720.303(10). Recall disputes are also arbitrated by the Division.

Assessments, records, and fines

Three subjects generate most HOA disputes. Each has its own page; the short version:

Assessments. Unpaid assessments carry simple interest at the rate in the documents or, if the documents are silent, 18 percent per year, and, if the documents allow, a late fee of up to the greater of $25 or 5 percent of the installment. Every payment must be applied first to interest, then late fees, then collection costs and attorney fees, then the assessment itself. Before requiring payment of attorney fees related to a delinquent assessment, the HOA generally must send a statutory notice of late assessment and allow the owner 30 days to pay the required amount.

Before recording a lien, the HOA generally must send the required 45-day notice of intent to record a claim of lien. Before filing a foreclosure action, the HOA generally must send the required 45-day notice of intent to foreclose and collect the unpaid amount. Section 720.3085.

The notice forms, delivery methods, address requirements, and exceptions are technical. See Assessments & Special Assessments and HOA & Condo Foreclosure.

Official records. An HOA must make official records available for inspection or copying within 10 business days after the board or its designee receives a written request. Missing the deadline creates a rebuttable presumption that the association willfully failed to comply.

An owner who proves a qualifying records-access violation may recover actual damages or minimum damages of $50 per calendar day for up to 10 days, beginning on the 11th business day after the written request was received. Section 720.303(5).

HOAs with 100 or more parcels must maintain a website or mobile application containing the categories of official records identified in section 720.303(4). The required records generally include governing documents, budgets, financial information, specified contracts, insurance information, and meeting notices.

The statutory posting list, password protection, update deadlines, and exceptions are more detailed than this summary. See Official Records Requests, which includes a sample HOA records request.

Fines and suspensions. A fine may not exceed $100 per violation, or $1,000 for a continuing violation, unless the governing documents say otherwise. An HOA fine or suspension generally may not be imposed unless the association gives at least 14 days' written notice and an opportunity for a hearing before an independent committee of at least three members.

Committee members may not be officers, directors, or employees of the association and may not be the spouse, parent, child, brother, or sister of an officer, director, or employee. The committee may confirm or reject the board's proposed fine or suspension, but it may not increase it. A fine of less than $1,000 cannot become a lien. Section 720.305(2). See Fines & Violations.

How HOA disputes get resolved

Many disputes between an owner and an HOA require a statutory presuit-mediation demand before either party files suit. The party seeking relief must serve the required demand to participate in presuit mediation under section 720.311.

The requirement applies to many disputes involving use of or changes to a parcel or common areas, covenant enforcement, document amendments, association and committee meetings, members' meetings other than elections, and official-records access. Presuit mediation does not apply to assessment, fine, or other monetary-obligation collection disputes; enforcement of an existing mediation settlement agreement; or election and recall disputes. Election and recall disputes may proceed through Division arbitration or court.

The mechanics are strict. The recipient of a presuit-mediation demand generally has 20 days from the date the demand is mailed to send a written response and select a mediator from the list provided. The parties generally share the mediator's fee equally.

Unless the parties agree in writing to extend the deadline, mediation generally must occur within 90 days after the demand is mailed. If it does not occur within that period, the matter is treated as an impasse and the parties may pursue the remedies available under the statute. A party that fails or refuses to participate in required presuit mediation may lose the right to recover attorney fees and costs in later litigation. The party that participated in good faith may proceed to court and may seek recovery of the costs associated with the failed mediation, subject to the statute and the court's ruling. A motion for temporary injunctive relief can be filed without first mediating.

Attorney fees are the other rule that shapes HOA litigation. In a covered action between an HOA and a parcel owner under section 720.305(1), the prevailing party may recover reasonable attorney fees and costs. A prevailing owner may also recover the owner's share of an assessment levied by the association to fund the litigation, as provided by the statute. That cuts both ways: an owner who loses can be ordered to pay the association's fees. When an HOA voluntarily dismisses its lawsuit, the homeowner is often treated as the prevailing party for attorney-fee purposes. The result can depend on the claims asserted, the governing documents, the statute authorizing fees, the timing of dismissal, and any recognized legal exception. Alhambra Homeowners Ass'n v. Asad, 943 So. 2d 316 (Fla. 4th DCA 2006).

Common problems

The disputes that reach lawyers tend to fall into a few patterns. A board enforces a "rule" that appears nowhere in the declaration and was never properly adopted. A fine shows up on an account statement without the notice and hearing the statute requires, then interest and attorney fees are added to it. A records request is ignored, or answered with a fraction of what was asked for. An architectural denial gives no reason, or gives a reason that the documents do not support. A nonemergency special assessment may be challenged if the association considered or approved it without the heightened notice required by section 720.303(2)(c). In general, owners must receive written notice and the association must conspicuously post notice at least 14 days before the board meeting. The notice must disclose that a special assessment will be considered and describe its purpose. A new leasing amendment is enforced against an owner who bought before it passed. Each has a statutory answer, addressed on its own page.

Whatever the problem, the documents you should keep are the same: the notice or letter the association sent; your written response; the declaration, bylaws, and rules in effect at the time; the minutes of the meeting where the board acted; your account statement; and dated photographs where the dispute involves the condition or appearance of your property. Send important communications in writing so that there is a record, and keep proof of delivery.

When to get a lawyer

Many HOA problems resolve with a well-documented letter that cites the right section of the statute or the declaration. An attorney becomes more important when money is on the line and deadlines are running: a fine that has been referred to collections, a notice of intent to lien, a foreclosure complaint, a demand that you remove an improvement, or a lawsuit. Because the loser pays the winner's fees, get a realistic assessment of your position before you commit to a fight.