Florida HOA Laws

Florida has many laws that apply to homeowners associations and condominiums. As such, it is imperative to familiarize yourself with these Florida HOA laws to avoid potential liability.


How to Establish an HOA in Florida

To create a homeowners association in Florida, a community must be incorporated and record its initial governing documents in the official records of the county where the association is located. Similar to other states, homeowners associations in Florida are organized as non-profit corporations. Therefore, they follow the Florida Not for Profit Corporation Act when it comes to corporate governance.


For Homeowners Associations

The Florida Homeowners Association Act oversees the creation, management, authority, and operation of non-for-profit organizations that run homeowners associations. You can find it under the Florida Statutes Title XL Chapter 720. This Act consists of three parts, each one divided further into sections.


Part I – General Provisions

Part II – Disclosure prior to sale of residential parcels

Part III – Covenant revitalization


For Condominiums

The Florida Condominium Act governs the creation, management, authority, and operation of condominium associations. It works similarly to the Florida Homeowners Associations Act and even contains principles that parallel the ones in the HAA.

Unlike the HAA, though, the Condominium Act does consist of more comprehensive provisions when it comes to certain aspects of association management. This includes budget preparation and adoption.

You can find the Florida Condominium Act under the Florida Statutes Title XL Chapter 718. It consists of seven parts, namely:

  • General Provisions – Sections 718.101 through 718.129
  • Rights and obligations of developers – Sections 718.202 through 718.203
  • Rights and obligations of association – Sections 718.301 through 718.303
  • Special types of condominiums – Sections 718.401 through 718.406
  • Regulation and disclosure prior to sale of residential condominiums – Sections 718.501 through 718.509
  • Conversions to condominium – Sections 718.604 through 718.622
  • Distressed condominium relief – Sections 718.701 through 718.71


For Cooperatives

The Florida Cooperative Act functions as a legal structure concerning cooperative ownership of real estate. In Florida, cooperatives can choose to organize as a not-for-profit or for-profit corporation. The Act does not boast the same level of detail as the HAA, but it does offer guidance on the following:

  • Formation of cooperatives
  • Limitations on managing a cooperative
  • Owners’ rights

You can find the Florida Cooperative Act under Title XL Chapter 719 of the Florida Statutes. It consists of six parts, each one divided further into sections:


Part I – General Provisions

Part II – Rights and Obligations of Developers

Part III – Rights and Obligations of Associations

Part IV – Special Types of Cooperatives

Part V – Regulation and Disclosure Prior to Sale of Residential Cooperatives

Part VI – Conversions to Cooperative


Florida HOA Laws on Corporate Governance

In Florida, homeowners associations must establish themselves as non-profit corporations. And, when it comes to corporate structure and procedure, the Florida Not for Profit Corporation Act provides guidance to HOAs. Condominiums, on the other hand, can be established as non-profit or for-profit corporations.


Florida HOA Laws on Fair Debt Collection

The Florida Consumer Collection Practices Act directs debt collection practices. It functions similarly to the federal Fair Debt Collection Practices Act, though the state-level act offers more protection for consumers, a.k.a. homeowners. Although homeowners associations are not considered debt collectors under the FDCPA, collection agencies and third-party collectors are.


Florida HOA Laws on Solar Rights

Florida is one of the many states that protect the solar rights of homeowners. According to the Florida Statutes Section 163.04, HOAs may not forbid homeowners from installing renewable energy devices. However, associations can regulate the placement of these devices, and homeowners must still follow their HOA’s architectural changes approval process.


Fair Housing

Homeowners associations must comply with the federal Fair Housing Act as well as the state-level Fair Housing laws in Florida. Under Title XLIV Chapter 760 of the Florida Statutes, the Florida Fair Housing Act protects persons from discrimination based on their color, race, national origin, religion, sex, familial status, or handicap.

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