Florida Condos and HOAs
Florida condominiums are governed by the Florida Condominium Act (ch. 718) and homeowners' associations by ch. 720. These laws set association powers, owner rights, required disclosures, and meeting and records rules. Chapter 718 has been amended frequently — including post-Surfside structural-inspection and reserve requirements — so confirm the current rule.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Florida’s condo laws have changed often in recent years — confirm the current rule on the official statutes below before relying on it.
If your Florida home is in a community with an association, two different chapters of the Florida Statutes may apply, depending on what kind of community it is.
Condominiums: chapter 718
Florida condominiums are governed by the Florida Condominium Act (ch. 718). In a condominium, you own your unit plus a shared interest in the common elements. Chapter 718 sets the association’s powers, owner rights, required disclosures, and the rules for meetings and records — including owners’ right to access many association records.
Homeowners’ associations: chapter 720
Planned communities of houses or lots are usually governed by chapter 720, the homeowners’-association law. Here you typically own your lot and home outright, while the HOA enforces covenants and maintains common areas. Chapter 720 likewise addresses owner rights, disclosures, and meeting and records rules.
A note on recent changes
Chapter 718 has been amended frequently, including post-Surfside structural-inspection and reserve requirements aimed at older and coastal buildings. These provisions are detailed and have shifted from year to year, so confirm the current rule on the official statute (linked below) or with a Florida attorney before relying on a specific deadline or dollar figure.
For statewide property basics, see the real estate hub. To get matched with a local Florida attorney, connect with a lawyer.
Connect with a local attorney
Tell us about your situation and we'll match you with a local California attorney who handles matters like yours. Free, no obligation.
Start your free intakeFrequently asked questions
- What law governs Florida condominiums?
- The Florida Condominium Act, chapter 718 of the Florida Statutes. It sets out association powers, owner rights, disclosures, and meeting and records requirements. Homeowners' associations are governed separately by chapter 720.
- What's the difference between a condo association and an HOA in Florida?
- A condominium association governs a condominium under ch. 718, where owners hold a unit plus an interest in common elements. A homeowners' association governs a planned community under ch. 720, where owners typically own their lot and home. Different statutes apply to each.
- Did Florida add new condo inspection rules after Surfside?
- Yes. Chapter 718 has been amended frequently, including structural-inspection and reserve requirements enacted after the Surfside collapse. Because these rules have changed and may change again, confirm the current requirements on the official statute before relying on them.
Sources
Related guides
- Buying and Selling a Home in Florida A Florida deed must be signed before two subscribing witnesses (Fla. Stat. § 689.01) and recorded in the county. Florida has no general statutory seller's-disclosure form, but under Johnson v. Davis (1985) a seller must disclose known material defects that aren't readily observable — even in an 'as is' sale.
- Florida Evictions: The Process & Rent Deposit Rule Florida residential evictions go through county court. For nonpayment, the landlord serves a 3-day notice (§ 83.56(3)) and then files. A tenant who raises any defense other than payment generally must deposit accrued rent into the court registry — failing to deposit within 5 business days of being served waives defenses other than payment (§ 83.60(2)). Self-help lockouts are illegal.
- Florida Homestead: Tax Exemption & Creditor Protection Florida homestead is two protections. The property-tax exemption (Fla. Const. Art. VII, § 6; § 196.031) takes up to $50,000 off assessed value, and Save Our Homes caps annual assessment increases at the lower of 3% or CPI. Separately, the creditor protection (Art. X, § 4) shields your home from forced sale by most creditors with no dollar cap on equity, subject to acreage limits and exceptions.
- Florida Landlord–Tenant Rules: Deposits & Notice Florida residential rentals follow the Residential Landlord and Tenant Act (Part II of ch. 83). Key timelines: a deposit must be returned within 15 days if no claim, or the landlord must send a 30-day certified-mail notice to keep part of it; month-to-month termination now needs 30 days' notice; and a 3-day notice is required before terminating for unpaid rent.
- How to Hold Title to Florida Real Estate Florida co-owners can hold title as tenants in common (no survivorship), joint tenants with right of survivorship (which must be expressly stated under Fla. Stat. § 689.15), or — for married couples only — tenants by the entireties, a form that protects the home from a creditor of just one spouse.
- Related area: Business Law in Florida