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HOMEOWNERS' ASSOCIATIONS Incorporated Herein by Reference to the Extent Those Chapters Are Consistent with These Rules

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HOMEOWNERS' ASSOCIATIONS Incorporated Herein by Reference to the Extent Those Chapters Are Consistent with These Rules Department of Business CHAPTER 720 and FLORIDA STATUTES Professional Regulation HOMEOWNERS’ ASSOCIATIONS Division of Florida Condominiums, And Timeshares, Chapters 61B-80,81 and 85, and Florida Administrative Code Mobile Homes Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-1030 Includes laws enacted during the 2015 Legislative Session NOTICE TO RECIPIENT Chapter 720 of the Florida Statutes, also known as the Homeowners’ Association Act, is a chapter of law that governs certain types of homeowners’ associations in the State of Florida. Pursuant to section 720.311, Florida Statutes, the Division of Florida Condominiums, Timeshares, and Mobile Homes provides an arbitration program for associations and parcel owners. This section of the law should be read in conjunction with Chapters 61B-80 and 81, Florida Administrative Code. These administrative rules are promulgated by the Division of Florida Condominiums, Timeshares, and Mobile Homes to interpret, enforce, and implement section 720.311, Florida Statutes. Due to changes in the statute and administrative rules, readers should inquire periodically to ensure that they are referring to the most recently revised copy. Division of Florida Condominiums, Timeshares, and Mobile Homes Northwood Centre 1940 North Monroe Street Tallahassee, FL 32399-1029 (850) 488-1122 This publication was undertaken expressly for the convenience of those who frequently refer to the Florida Statutes and Florida Administrative Code, and is not in any way intended to be an official published version of these laws and rules. F.S. 2015 HOMEOWNERS' ASSOCIATIONS Ch. 720 CHAPTER 720 HOMEOWNERS' ASSOCIATIONS PART I GENERAL PROVISIONS (ss. 720.301-720.317) PART II DISCLOSURE PRIOR TO SALE OF RESIDENTIAL PARCELS (ss. 720.401, 720.402) PART III COVENANT REVITALIZATION (ss. 720.403-720.407) PART I developer or other owner of common areas, or to recreational facilities and other properties serving the GENERAL PROVISIONS parcels by the owners of one or more parcels as authorized in the governing documents, which if not 720.301 Definitions. paid by the owner of a parcel, can result in a lien against 720.3015 Short title. the parcel. 720.302 Purposes, scope, and application. (2) ªCommon areaº means all real property within a 720.303 Association powers and duties; meetings community which is owned or leased by an association of board; official records; budgets; fi- or dedicated for use or maintenance by the association nancial reporting; association funds; or its members, including, regardless of whether title recalls. has been conveyed to the association: 720.3033 Officers and directors. (a) Real property the use of which is dedicated to 720.3035 Architectural control covenants; parcel the association or its members by a recorded plat; or owner improvements; rights and privi- (b) Real property committed by a declaration of leges. covenants to be leased or conveyed to the association. 720.304 Right of owners to peaceably assemble; (3) ªCommunityº means the real property that is or display of flag; SLAPP suits prohibited. will be subject to a declaration of covenants which is 720.305 Obligations of members; remedies at law recorded in the county where the property is located. or in equity; levy of fines and suspen- The term ªcommunityº includes all real property, includ- sion of use rights. ing undeveloped phases, that is or was the subject of a 720.3053 Failure to fill vacancies on board of development-of-regional-impact development order, to- directors sufficient to constitute a quor- gether with any approved modification thereto. um; appointment of receiver upon peti- (4) ªDeclaration of covenants,º or ªdeclaration,º tion of member. means a recorded written instrument or instruments in 720.3055 Contracts for products and services; in the nature of covenants running with the land which writing; bids; exceptions. subject the land comprising the community to the 720.306 Meetings of members; voting and election jurisdiction and control of an association or associations procedures; amendments. in which the owners of the parcels, or their association 720.307 Transition of association control in a representatives, must be members. community. 720.3075 Prohibited clauses in association docu- (5) ªDepartmentº means the Department of Busi- ments. ness and Professional Regulation. 720.308 Assessments and charges. (6) ªDeveloperº means a person or entity that: 720.3085 Payment for assessments; lien claims. (a) Creates the community served by the associa- 720.30851 Estoppel certificates. tion; or 720.3086 Financial report. (b) Succeeds to the rights and liabilities of the 720.309 Agreements entered into by the associa- person or entity that created the community served by tion. the association, provided that such is evidenced in 720.31 Recreational leaseholds; right to acquire; writing. escalation clauses. (7) ªDivisionº means the Division of Florida Condo- 720.311 Dispute resolution. miniums, Timeshares, and Mobile Homes in the Depart- 720.312 Declaration of covenants; survival after ment of Business and Professional Regulation. tax deed or foreclosure. (8) ªGoverning documentsº means: 720.313 Receivership notification. (a) The recorded declaration of covenants for a 720.315 Passage of special assessments. community and all duly adopted and recorded amend- 720.316 Association emergency powers. ments, supplements, and recorded exhibits thereto; 720.317 Electronic voting. (b) The articles of incorporation and bylaws of the homeowners' association and any duly adopted amend- 720.301 Definitions.ÐAs used in this chapter, the ments thereto; and term: (c) Rules and regulations adopted under the author- (1) ªAssessmentº or ªamenity feeº means a sum or ity of the recorded declaration, articles of incorporation, sums of money payable to the association, to the or bylaws and duly adopted amendments thereto. 1 Ch. 720 HOMEOWNERS' ASSOCIATIONS F.S. 2015 (9) ªHomeowners' associationº or ªassociationº associations and members thereof before the effective means a Florida corporation responsible for the opera- date of this act and that ss. 720.301-720.407 are not tion of a community or a mobile home subdivision in intended to impair such contract rights, including, but which the voting membership is made up of parcel not limited to, the rights of the developer to complete the owners or their agents, or a combination thereof, and in community as initially contemplated. which membership is a mandatory condition of parcel (3) This chapter does not apply to: ownership, and which is authorized to impose assess- (a) A community that is composed of property ments that, if unpaid, may become a lien on the parcel. primarily intended for commercial, industrial, or other The term ªhomeowners' associationº does not include a nonresidential use; or community development district or other similar special (b) The commercial or industrial parcels in a com- taxing district created pursuant to statute. munity that contains both residential parcels and (10) ªMemberº means a member of an association, parcels intended for commercial or industrial use. and may include, but is not limited to, a parcel owner or (4) This chapter does not apply to any association an association representing parcel owners or a combi- that is subject to regulation under chapter 718, chapter nation thereof, and includes any person or entity 719, or chapter 721 or to any nonmandatory association obligated by the governing documents to pay an formed under chapter 723, except to the extent that a assessment or amenity fee. provision of chapter 718, chapter 719, or chapter 721 is (11) ªParcelº means a platted or unplatted lot, tract, expressly incorporated into this chapter for the purpose unit, or other subdivision of real property within a of regulating homeowners' associations. community, as described in the declaration: (5) Unless expressly stated to the contrary, corpora- (a) Which is capable of separate conveyance; and tions that operate residential homeowners' associations (b) Of which the parcel owner, or an association in in this state shall be governed by and subject to part I of which the parcel owner must be a member, is obligated: chapter 607, if the association was incorporated under 1. By the governing documents to be a member of that part, or to chapter 617, if the association was an association that serves the community; and incorporated under that chapter, and this chapter. This 2. To pay to the homeowners' association assess- subsection is intended to clarify existing law. History.Ðs. 34, ch. 92-49; s. 53, ch. 95-274; s. 45, ch. 2000-258; s. 11, ch. ments that, if not paid, may result in a lien. 2003-14; s. 17, ch. 2004-345; s. 14, ch. 2004-353; s. 8, ch. 2007-173; s. 71, ch. (12) ªParcel ownerº means the record owner of legal 2014-209. title to a parcel. Note.ÐFormer s. 617.302. (13) ªVoting interestº means the voting rights dis- tributed to the members of the homeowners' associa- 720.303 Association powers and duties; meet- tion, pursuant to the governing documents. ings of board; official records; budgets; financial History.Ðs. 33, ch. 92-49; s. 52, ch. 95-274; s. 4, ch. 99-382; s. 44, ch. reporting; association funds; recalls.Ð 2000-258; s. 16, ch. 2004-345; s. 13, ch. 2004-353; s. 62, ch. 2008-240; s. 16, ch. (1) POWERS AND DUTIES.ÐAn association 2011-196; s. 15, ch. 2015-97. Note.ÐFormer s. 617.301. which operates a community as defined in s. 720.301, must be operated by an association that is a Florida 720.3015 Short title.ÐThis chapter may be cited corporation. After October 1, 1995, the association must as the ªHomeowners' Association Act.º be incorporated and the initial governing documents History.Ðs. 16, ch. 2015-97. must be recorded in the official records of the county in which the community is located. An association may 720.302 Purposes, scope, and application.Ð operate more than one community.
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