Getting Familiar With HOA Laws in Florida

Buying a new condo or townhome in Florida? It is important to ensure you are aware of the HOA laws surrounding homeowners associations (HOAs) in Florida. Understanding these laws before signing a purchase agreement can help ensure your investment is protected.

Numerous statutes outline HOA rules and regulations, meaning you are protected as a condo owner and have the right to fair and transparent treatment. If you need help understanding Florida homeowners association rules, below are some key insights into Florida HOA laws. These insights will help you become more familiar with HOA laws, give you peace of mind, and ensure you know your rights as a condo or townhome owner.

Florida Homeowner Association Laws

In getting familiar with HOA laws in Florida, it is vital to understand the role of the HOA and why HOA laws are set in place, to begin with. The HOA, or homeowners association, is responsible for planning and managing a housing development. This includes handling all aspects of the community, from property maintenance to financial affairs. As a condo owner, you pay dues to the HOA in exchange for their services.

With that said, HOAs are subject to certain laws intended to protect both homeowner rights as well as the interests of the association. In Florida, these laws are outlined in Chapter 720 of the Florida Statutes.

One key concept to understand is that HOAs are generally subject to stringent regulations like other types of associations and organizations. This means they must comply with a number of legal requirements, including:

• Developing a written set of rules and regulations for the community
• Ensuring that the HOA operates in a fair manner with no discrimination
• Providing adequate notice to homeowners regarding meetings, voting, and other association matters
• Maintaining proper financial records
• Adhering to certain standards when it comes to collecting delinquent assessments

These are just some of the statutes outlined in Chapter 720, and there are many more that you should familiarize yourself with before purchasing a condo or townhome.

In addition to the HOA statutes set forth by Chapter 720, it is also important to understand regulations put into place specifically for condominiums or cooperatives in Florida. Florida Statute 720 states that you have rights, including:

• Right of owners to peaceably assemble: Peaceful assembly among condominium owners is allowed in common areas and other spaces as specified by the HOA
• Right to vote: Each condo owner has an equal right to participate in voting on issues related to the HOA
• Right of access to books and records: Condo owners have the right to review financial documents and all other HOA records
• Display of flag: You are free to display the US or state flag in or around your unit
• Suits prohibited: Anti-SLAPP laws are in place to protect condo owners from being subjected to frivolous lawsuits. For instance, if a condo owner files a complaint about the HOA, they cannot be subject to suit by the association. These suits are meant to drain a person financially and prevent them from exercising their rights as a homeowner.
• Obligations of members: All HOA members are legally obligated to follow the rules and regulations of the condo association, abide by all governing documents, pay dues on time, and refrain from disrupting the peace in the community.

These are just some of the rights and obligations set forth by Chapter 720 for both HOAs and condo owners alike. Understanding the nuances of these laws will help ensure you and your HOA are on the same page. Also, remember that Florida statutes and regulations are subject to change over time. New rulings, changes in the law, and other developments can all affect your rights as a condo owner.

How an HOA Lawyer Can Help

With help from a HOA lawyer, you can ensure that your rights are being respected and that you fully understand the Florida homeowner association laws in place. The experienced attorneys at Ferrer Law Group have a deep understanding of Chapter 720 and all other relevant statutes, so they can provide the guidance you need. 

Regardless of your situation, our team is here to help. From enforcing your rights as a condo owner to helping the HOA comply with all applicable laws, we can be your trusted advisor at every step of the way. Contact us today to learn more about your rights and obligations as a homeowner or if you have any questions about Chapter 720 and other applicable statutes. Our attorneys will be happy to assist you in any way possible.