Articles · State guides · State guide
Florida HOA Laws: An Owner's Guide
Short answer: Under Florida law as of September 23, 2026, a homeowners’ association (HOA) that fits the definition in Chapter 720 of the Florida Statutes follows that chapter, and an association regulated under Chapter 718 (a condominium) is outside it (Fla. Stat. § 720.302(4)). Chapter 720 gives owners rights to inspect records, attend board meetings and vote to recall directors. It does not create a state agency to investigate HOA complaints (Fla. Stat. § 720.302(2)).
Last checked: September 23, 2026. Covers: Florida Statutes Chapter 720 (HOAs), with a short note on Chapter 718 (condominiums). Agency rules, court decisions and local ordinances were not reviewed.
Florida HOA law at a glance
| Topic | HOA (ch. 720) | Condominium (ch. 718) |
|---|---|---|
| Records response time | 10 business days after a written request, unless the law or the governing documents provide otherwise (§ 720.303(5)(a)) | 10 working days (§ 718.111(12)(b)) |
| Fine limit | $100 per violation, $1,000 total, unless the documents say otherwise (§ 720.305(2)) | $100 per violation, $1,000 total (§ 718.303(3)) |
| Recall of a director | Majority of the total voting interests (§ 720.303(10)(a)) | Majority of all the voting interests (§ 718.112(2)(l)) |
| Website duty | 100 or more parcels (§ 720.303(4)(b)1) | 25 or more units, no timeshare units (§ 718.111(12)(g)1) |
| State complaints | Election and recall arbitration only, through the Department of Business and Professional Regulation (DBPR) (§ 720.311(1)) | DBPR may investigate listed topics (§ 718.501(1)(a)) |
Which Florida law applies to my community?
Chapter 720 covers a Florida corporation that runs a community where membership is mandatory with parcel ownership and that may impose assessments that can become a lien (Fla. Stat. § 720.301(9)). Some communities are outside it, including communities primarily intended for commercial, industrial or other nonresidential use (Fla. Stat. § 720.302(3)) and associations regulated under Chapter 718, 719 or 721 (Fla. Stat. § 720.302(4)). An association of 15 or fewer parcel owners may enforce only deed restrictions set before each owner bought (Fla. Stat. § 720.303(1)). Your governing documents also matter.
Can I inspect my HOA’s records?
Yes. An HOA may not require a reason for the inspection or limit an owner to less than one 8-hour business day a month (Fla. Stat. § 720.303(5)(g)). Unless the law or the governing documents provide otherwise, records must be available within 10 business days after the board or its designee receives a written request (Fla. Stat. § 720.303(5)(a)).
Certified mail, return receipt requested, matters: only then does a missed deadline create a rebuttable presumption of willful failure (Fla. Stat. § 720.303(5)(b)). For a willful failure, minimum damages are $50 per calendar day for up to 10 days, counted from the 11th business day (Fla. Stat. § 720.303(5)(c)). Some information is protected from inspection, including personnel and medical records and telephone numbers and e-mail addresses (Fla. Stat. § 720.303(5)(g)). More in how to request HOA records.
Are HOA board meetings open to owners?
Yes. Board meetings are open to all members (Fla. Stat. § 720.303(2)(a)). The statute names two exceptions: meetings with the association’s attorney about proposed or pending litigation, and board meetings about personnel matters. Neither is required to be open to members other than directors (Fla. Stat. § 720.303(2)(a), (b)); paragraph (a) ties the attorney exception to discussions covered by attorney-client privilege.
If the bylaws are silent, the agenda must be posted conspicuously in the community at least 48 hours ahead (except in an emergency); if it is not posted there, notice must be mailed or delivered 7 days ahead (Fla. Stat. § 720.303(2)(c)1). The same default gives 14 days’ written notice for a meeting to consider special assessments or amendments to rules on parcel use (Fla. Stat. § 720.303(2)(c)2). Owners may speak on designated agenda items, and if 20 percent of voting interests petition, the board must take up the item within 60 days (Fla. Stat. § 720.303(2)(b), (d)). See open meetings and executive session.
How do elections and recall work?
If the bylaws are silent, member meetings need at least 14 days’ notice (Fla. Stat. § 720.306(5)). A challenge to an election must start within 60 days after results are announced (Fla. Stat. § 720.306(9)).
Any director may be recalled, with or without cause, by a majority of the total voting interests, subject to the separate developer-turnover rules of § 720.307 (Fla. Stat. § 720.303(10)(a)). For a recall by written agreement or written ballot, the board must hold a meeting within 5 full business days after receiving it (Fla. Stat. § 720.303(10)(b)). Details: how to remove an HOA board member.
How much can an HOA fine me?
Unless the governing documents say otherwise, a fine may not exceed $100 per violation, and a continuing violation may not exceed $1,000 in total (Fla. Stat. § 720.305(2)).
Before a fine, the board must give at least 14 days’ written notice of the owner’s right to a hearing before a committee of at least 3 members appointed by the board who are not officers, directors or employees, or their close relatives (Fla. Stat. § 720.305(2)(b)). An HOA may not fine or suspend for garbage receptacles at the curb within 24 hours before or after collection, or for holiday decorations or lights on a structure or improvement unless left up longer than the governing documents allow and for more than 1 week after written notice (Fla. Stat. § 720.305(7)). See responding to a violation letter and unenforceable rules in Florida.
What are the rules on assessments and liens?
We did not find a statutory cap on HOA special assessments in the sections we read; the limits we found are the governing documents, the 14-day meeting notice and, for communities created after October 1, 1995 (with an exception for some development-of-regional-impact communities), a rule that assessments follow each member’s proportional share as the documents describe it (Fla. Stat. §§ 720.308(1), 720.303(2)(c)). Late fees, if the declaration or bylaws allow them, may not exceed the greater of $25 or 5 percent of the installment, and simple interest is 18 percent per year if the declaration or bylaws set no rate (Fla. Stat. § 720.3085(3)).
Before recording a lien, an HOA must give written notice allowing 45 days to pay (Fla. Stat. § 720.3085(4)). A foreclosure action may not begin until 45 days after notice of intent to foreclose (Fla. Stat. § 720.3085(5)). The time limits in that subsection do not apply if the parcel is in another party’s foreclosure or forced sale, or an owner is in bankruptcy (Fla. Stat. § 720.3085(5)(b)). See can an HOA foreclose.
Does my HOA need a website?
An HOA with 100 or more parcels had to post specified documents on a website or mobile app by January 1, 2025 (Fla. Stat. § 720.303(4)(b)1). We did not find a penalty sentence for failing to post in Chapter 720. Condominiums with 25 or more units and no timeshare units are covered from January 1, 2026 (Fla. Stat. § 718.111(12)(g)1; the date is in ch. 2024-244 s. 8, as amended by ch. 2025-175 s. 18).
Who can I complain to?
The Legislature chose not to create an HOA regulator (Fla. Stat. § 720.302(2)), and DBPR says it cannot investigate Chapter 720 complaints. Election and recall disputes go to DBPR binding arbitration or court (Fla. Stat. § 720.311(1)). For disputes such as records or meetings, a presuit mediation demand comes before a lawsuit, but not for collecting assessments or fines, and an emergency injunction may be filed first (Fla. Stat. § 720.311(2)). The prevailing party in litigation to enforce the chapter, the governing documents or the rules is entitled to attorney fees and costs (Fla. Stat. § 720.305(1)).
What changed recently?
| Effective date | Change (Chapter 720 unless noted) |
|---|---|
| July 1, 2024 | Ch. 2024–221: HOA website duty, director education and fine procedures |
| January 1, 2026 | Condominium website threshold falls to 25 units |
| July 1, 2026 | Ch. 2026–63: an HOA or its architectural committee may not require a government building permit as a prerequisite for reviewing construction on a parcel (Fla. Stat. § 720.3035(1)(c)) |
What to do next
- Find your governing documents and note which chapter applies.
- Put any records request in writing, and consider certified mail.
- Read any fine notice for your hearing right before you respond.
- Ask for the agenda before the next board meeting.
- Consider a Florida community association attorney for your situation.
Common questions
Which Florida statute governs HOAs? Chapter 720 governs HOAs that meet its definition; an association regulated under Chapter 718 (a condominium) is outside it (Fla. Stat. § 720.302(4)).
How much can an HOA fine you in Florida? Unless the governing documents say otherwise, $100 per violation and $1,000 in total for a continuing violation (Fla. Stat. § 720.305(2)).
Where do I file a complaint against my HOA in Florida? DBPR says it cannot investigate Chapter 720 complaints. Options include presuit mediation, arbitration for election and recall disputes, or court (Fla. Stat. § 720.311).
How can an HOA board member be recalled in Florida? By a majority of the total voting interests, following the process in Fla. Stat. § 720.303(10) and subject to the developer-turnover rules of § 720.307.
Sources
Checked September 23, 2026 (2026 Florida Statutes):
- Fla. Stat. §§ 720.301, 720.302, 720.303, 720.3033, 720.305, 720.306, 720.3085, 720.311: https://www.flsenate.gov/laws/statutes/2026/720.301 (change the last number for each section)
- Fla. Stat. § 720.3035: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html
- Fla. Stat. §§ 718.111, 718.112, 718.303, 718.501: https://www.flsenate.gov/laws/statutes/2026/718.111 (change the last number for each section)
- Chapter laws 2024-221, 2024-244, 2025-175, 2026-63: https://laws.flrules.org/2024/221, https://laws.flrules.org/2024/244, https://laws.flrules.org/2025/175, https://laws.flrules.org/2026/63
- DBPR homeowners’ associations page (agency page, not a statute): https://www2.myfloridalicense.com/condos-timeshares-mobile-homes/homeowners-associations/
Important notice
Fycus is not a law firm and does not provide legal advice. Association law varies by state and by each community’s governing documents. Consult a licensed attorney for guidance specific to your association.
This page is general information, was written from official statute text as of September 23, 2026, and has not been reviewed by an attorney. Laws change; check the current text before you rely on it.
About Fycus
Fycus is in development. The features described on this site are planned and not yet available. Pricing shown is planned pilot pricing and may change.
If one place for your association’s documents, deadlines and questions would help your board, you can request early access.