What is Florida Statute Chapter 720?
Chapter 720 of the Florida Statutes is the Homeowners' Association Act. It governs the creation, operation, and governance of mandatory homeowners associations in Florida — associations where membership and assessment obligations run with the land through recorded covenants.
Chapter 720 covers board elections and meetings, budgets and reserves, assessment collection, covenant enforcement, fines and suspensions, official records access, and required disclosures to buyers. Condominium associations are governed separately by Chapter 718, and cooperatives by Chapter 719.
Governing documents and the order of authority
Every Florida HOA operates under a hierarchy of authority. When documents conflict, the higher-ranked document controls.
- Federal and Florida law, including Chapter 720
- The recorded declaration of covenants, conditions, and restrictions (CC&Rs)
- The articles of incorporation
- The bylaws
- Board-adopted rules and regulations
Board meetings and member notice requirements
Under Chapter 720, board meetings must generally be open to all members, with notice posted in a conspicuous place in the community at least 48 hours in advance. Meetings where special assessments or amendments to rules affecting parcel use will be considered require at least 14 days' mailed, delivered, or electronic notice, plus posted notice.
Members have the right to speak on any designated agenda item, subject to reasonable rules adopted by the board. Minutes must be kept and maintained as official records.
Elections and board member eligibility
HOA elections are conducted as provided in the bylaws, and unlike condominiums, Chapter 720 gives associations flexibility in election procedures. Directors must satisfy eligibility rules — including being current on assessments and not being convicted of a felony without restored civil rights.
Newly elected or appointed directors must certify in writing that they have read the governing documents and will work to uphold them, or complete an approved education course within 90 days.
Budgets, reserves, and financial reporting
The board must adopt an annual budget that includes estimated revenues and expenses. If reserves are established by the developer or approved by a majority of the total voting interests, those reserve funds must be fully funded unless members vote otherwise.
Associations must prepare year-end financial reporting, with the required level — cash receipts and disbursements, compiled, reviewed, or audited statements — tied to annual revenue thresholds set in the statute.
Assessments, late fees, and collection
Assessments are due as set out in the declaration. Chapter 720 allows associations to charge interest and, if authorized by the governing documents, an administrative late fee. Payments are applied first to interest, then to late fees, then to costs and attorney's fees, and last to the delinquent assessment.
Before recording a claim of lien, the association must give the parcel owner written notice of intent to lien. A further notice is required before filing a foreclosure action. Strict compliance with these notice steps is essential.
Covenant enforcement, fines, and suspensions
Fines and suspensions must first be approved by the board, then confirmed by an independent committee of members who are not officers, directors, employees, or their relatives. The owner is entitled to at least 14 days' notice and an opportunity to be heard before the committee.
If the committee does not approve the fine by majority vote, it cannot be imposed. Enforcement must also be applied consistently — selective enforcement is a common defense raised by owners.
Official records and member access
Associations must maintain official records — governing documents, meeting minutes, financial records, contracts, insurance policies, and membership rosters — and make them available for inspection and copying by members within 10 business days of a written request.
Certain records are protected from inspection, including personnel records, some owner personal identifying information, and records covered by attorney-client privilege.
Staying current with legislative changes
Florida's community association statutes are amended frequently, with changes to website and record-posting duties, director education requirements, reserve study obligations, and enforcement procedures in recent sessions.
Because requirements change year to year, boards should confirm current obligations with association counsel and a professional manager before adopting policies or taking enforcement action.
