Florida has one of the largest homeowners association populations in the country, and its HOA law is correspondingly detailed. Homeowners associations in Florida — subdivisions and planned communities, as distinct from condominiums — are governed primarily by Chapter 720 of the Florida Statutes, the Homeowners' Association Act. (Condo associations fall under the separate Chapter 718, and cooperatives under Chapter 719 — if you own a unit in a condo building rather than a single-family home or townhome, different rules may apply.)
Here's what Chapter 720 actually says about the situations that come up most.
Fines: what your HOA can and can't charge
Florida law caps HOA fines at $100 per violation, unless your community's governing documents specifically allow a different amount. The board can levy a fine for each day a violation continues, but the total can't exceed $1,000 in the aggregate for a single continuing violation — again, unless your governing documents say otherwise.
- Notice and hearing: Before a fine can be imposed, the association must give you at least 14 days' written notice of your right to a hearing.
- The hearing itself must be held before a committee of at least three members who are not board members, officers, or their relatives — and you can participate by phone or electronically.
- Cure it, and the fine goes away: if you fix the violation before the hearing takes place, the association cannot impose the fine or suspension.
- Suspending privileges: instead of (or alongside) a fine, an HOA can suspend your right to use common areas and facilities — but it cannot cut off your ability to get to and from your own property, including parking, or shut off your utilities.
See our guide on how to fight an HOA fine for the general playbook — the notice-and-hearing rights above are your strongest tool in Florida specifically.
Unpaid assessments, liens, and foreclosure
Florida gives associations real foreclosure power over unpaid dues, but only after a specific two-step notice process:
- Step one: a "Notice of Intent to Record a Claim of Lien," giving you 45 days to pay before a lien is recorded, sent by certified mail and first-class mail.
- Step two: before actually filing foreclosure, the association must send a second notice — intent to foreclose — with another 45 days before the foreclosure action can begin.
On the money itself: unpaid assessments accrue interest at whatever rate your governing documents set, capped at 18% simple interest per year if the documents are silent (compounding interest isn't allowed). Late fees are capped at the greater of $25 or 5% of the delinquent installment. If a first mortgage holder ends up taking the property through foreclosure, their liability for the association's unpaid assessments is limited to the lesser of 12 months' worth or 1% of the original mortgage amount.
More on this in our guide to what happens if you don't pay HOA dues.
Meetings and quorum
Associations must give members at least 14 days' notice of any membership meeting, mailed, delivered, or sent electronically. Special meetings need to state their purpose; annual meetings don't have to. Unless your bylaws set a different number, 30% of total voting interests constitutes a quorum, and most decisions need a simple majority of whoever's present (in person or by proxy) once quorum is met.
Board elections
Florida HOA board elections run on a plurality system — whoever gets the most votes wins, no runoff required. A few eligibility rules worth knowing:
- You can't run for the board if you're delinquent on assessments or other monetary obligations to the association.
- A sitting board member who falls more than 90 days delinquent is automatically removed from their seat.
- Anyone convicted of a felony is ineligible to serve unless their civil rights were restored at least five years before the election.
- Vacancies between elections can be filled by a majority vote of the remaining directors.
- Election disputes go to binding arbitration or the courts, not a private board decision.
For the general mechanics, see how HOA board elections work.
Buying a home in a Florida HOA
Before you sign a contract to buy a home governed by an HOA in Florida, the seller is required to give you a disclosure summary covering nine specific points — including mandatory membership, the association's restrictive covenants, current and potential assessment amounts, lien risk for unpaid dues, and the developer's ability to amend covenants without owner approval.
See our full buying checklist for homes in an HOA before you make an offer.
Need help with a Florida HOA issue? Find an HOA attorney in Florida, or find a management company in Florida.