Florida HOA laws and condo rules: a board reference

HOAs (Chapter 720): section 720.303 requires notice of board meetings to identify the agenda items and to be posted conspicuously in the community at least 48 hours before the meeting, except in an emergency; if notice is not posted, it must be mailed or delivered to each member at least 7 days before. Member meetings at which special assessments or amendments to rules on parcel use will be considered need at least 14 days' notice.

Condominiums (Chapter 718): section 718.112 requires board meeting notice, with all agenda items, to be posted conspicuously on the property at least 48 continuous hours before the meeting except in an emergency. Notice of the annual meeting must include an agenda, be mailed, hand delivered or electronically transmitted to each unit owner at least 14 days before, and be posted for at least 14 continuous days. Meetings held by video conference must say so and give a link and phone number.

Both chapters list the official records an association must keep and the owner's right to inspect them. Under section 720.303 HOA records must be kept in Florida for at least 7 years and made available for inspection or copying within 45 miles of the community or in the same county within 10 business days after a written request. Under section 718.111 condominium records must be available within 45 miles or in the county within 10 working days after a written request. Both chapters allow electronic access to satisfy the requirement.

Section 718.112(2)(g) requires a residential condominium association to have a structural integrity reserve study completed at least every 10 years after the condominium's creation for each building that is three habitable stories or higher. The study must cover, at minimum, the roof, structure, fireproofing and fire protection, plumbing, electrical, waterproofing and exterior painting, windows and exterior doors, and other items above the statutory cost threshold. Reserves for those components cannot be diverted to other uses by an owner-controlled association that must obtain the study.

HOAs under Chapter 720 do not have the structural integrity study requirement; reserve practice for an HOA follows the governing documents and the budget and reserve disclosure rules in section 720.303.

Section 720.305(2) lets an HOA levy reasonable fines for violations of the declaration, bylaws or reasonable rules. A fine may not exceed $100 per violation unless the governing documents provide otherwise, may be levied per day for a continuing violation with a single notice and hearing, and may not exceed $1,000 in the aggregate unless the documents say otherwise. Before a fine or suspension is imposed the board must give at least 14 days' written notice of the owner's right to a hearing, and the hearing must be held within 90 days before a committee of at least three members who are not officers, directors or employees of the association (or their close relatives).

Unpaid assessments support a lien under both chapters, with statutory notice steps before a lien is recorded and before foreclosure. Those steps and the amounts that may be added are amended often. Follow a written collection policy and confirm the current sequence with counsel.

Both chapters set out election procedures, including electronic voting where an owner has consented in writing and the association has adopted the required resolution. For HOAs, election and recall disputes may be arbitrated through the Division. Keep ballots, consents and the vote count with the official records for the retention period.

Section 720.30851 (HOAs) and section 718.116 (condominiums) require the association to issue an estoppel certificate within 10 business days after receiving a written or electronic request from an owner, mortgagee or their designee. Each association must designate on its website a person or entity, with a street or email address, to receive requests. The certificate follows a statutory form listing the assessment, any amounts owing, and other required items. Statutory caps apply to the fee.