Florida HOA Law: What Board Members Need to Know
The Main Statutes
Florida has three primary statutes governing community associations, each covering a different type of community:
Homeowners' Associations (HOAs)
Governs single-family home communities and planned unit developments. Covers the HOA's authority to enforce deed restrictions and covenants, assessment collection, meeting requirements, elections, board member conduct, and member rights.
Condominiums
The Florida Condominium Act. Governs condominium associations — the rules are more prescriptive than Chapter 720, covering unit owner rights, common element maintenance, financial reserves, disclosure requirements, and the Division of Florida Condominiums' oversight role.
Cooperatives
Governs residential cooperative associations. Similar structure to Chapter 718 but applies to cooperatives where residents hold a proprietary lease rather than title to their unit.
CAM Licensing
Defines the Community Association Manager (CAM) and Community Association Business (CAB) licensing requirements. Any company or individual managing an association with 10 or more units or an annual budget over $100,000 must be licensed.
Key Requirements Under Chapter 720 (HOAs)
Meetings and Records
- Board meetings must be open to all members (with limited exceptions)
- Members must receive at least 48 hours' notice of board meetings (or longer under the governing documents)
- Annual member meetings must be held at least once per year
- Financial records and official records must be made available to members within 10 business days of a request
- Records must be maintained for at least 7 years
Assessments and Collections
- Assessments must be used for purposes authorised by the governing documents
- Interest, late fees, and collection costs may be charged on delinquent assessments as permitted by the governing documents
- The HOA has the right to lien and foreclose on delinquent properties, subject to statutory requirements
Board Elections
- Elections must be conducted by written ballot or electronic voting (since 2023)
- Candidates must meet eligibility requirements set in the governing documents
- Certain conflicts of interest are prohibited (e.g., board members cannot vote on their own contracts)
Key Requirements Under Chapter 718 (Condos)
Financial Reserves
Florida requires condo associations to maintain reserves for major capital components (roof, painting, paving, plumbing, etc.) unless members vote to waive or reduce them. Since 2022, following the Surfside collapse, the law has been significantly strengthened:
- Condo associations with buildings 3+ stories tall must complete a structural integrity reserve study by December 31, 2024
- Reserve waivers are being phased out for structural components
- Fully funded reserves are required for structural items by 2025 (with phase-in provisions)
Milestone Inspections
Buildings 3 stories or higher must undergo milestone structural inspections when they reach 30 years of age (25 years if within 3 miles of the coast), and every 10 years thereafter. These changes came from SB 4D (2022) and SB 154 (2023).
Budget and Financial Reporting
- Condo associations must prepare a budget annually and distribute it to unit owners
- Financial statements must be prepared in accordance with generally accepted accounting principles (GAAP) — requirements vary by association size
- Associations with annual revenues over $500,000 must have an independent audit
CAM Licensing Requirements
Any person or company managing a community association (HOA, condo, or coop) that has 10 or more units or an annual budget of $100,000 or more must hold a CAB or CAM licence. Violations include:
- A company providing management services without a CAB licence
- An individual performing management services without a CAM licence under a licenced company
- A licenced CAM managing an association without being employed by or affiliated with a licenced CAB company
The CAM licence requires 18 hours of pre-licensing education, passing the state exam, and 20 hours of continuing education every two years to renew.
Recent Legislative Changes
Florida HOA law changes frequently. Significant recent amendments include:
- SB 4D (2022) — structural inspections and reserve requirements for condo buildings following the Champlain Towers South collapse
- SB 154 (2023) — amended and clarified the SB 4D requirements, including the reserve phase-in schedule
- HB 919 (2023) — increased transparency and accountability requirements for HOA boards, including restrictions on excessive fines and mandatory fine resolution processes
- SB 1178 (2024) — addressed HOA board member conduct and added new prohibitions on conflicts of interest
Always check the Florida Legislature's official statute database (leg.state.fl.us/statutes) for the current version of the law.
Where to Get Help
For specific legal questions about your association:
- Florida Bar Referral Service — (800) 342-8011 — can refer you to a community association attorney
- Community Associations Institute (CAI) — educational resources and member attorney referrals
- Florida Division of Condominiums — for condo-specific disputes and arbitration
- Florida DBPR — for management company licence issues