Florida HOA disclosure
What state law requires, what the standard resale packet leaves out, and the Florida-specific gotchas buyers should know before removing contingencies.
Primary statute: Florida Statutes Chapter 720 (Homeowners' Associations). For condominium associations, the parallel statute is Florida Statutes Chapter 718 (Condominium Act). Together with the FCC Over-The-Air Reception Devices Rule (47 C.F.R. section 1.4000) and a handful of subject-specific statutes (solar, flags, EV charging, where applicable), these are the rules that override declaration and bylaw language inconsistent with them.
These are the FL rules that most commonly conflict with what the disclosure packet appears to say. Each one is worth a direct question to the HOA before contingency removal.
Two statutes, two sets of rules
Chapter 720 (HOA) and Chapter 718 (condo) are not interchangeable
Whether a community is governed by Chapter 720 or Chapter 718 changes the fine caps, lien priority, budget challenge mechanics, and the entire set of mandatory disclosures. Read the declaration or articles of incorporation to confirm which regime applies before relying on any rights or limits.
Fines under $1,000 cannot lien
Florida bars small fines from becoming a lien against the parcel
Under Florida law, an HOA fine of less than $1,000 may not be made a lien against the parcel. The fine is still owed - the association can sue to collect - but the lien-and-foreclosure remedy is reserved for larger amounts. This is materially different from California, where small fines can become liens.
Fine cap: $100 per violation, $1,000 aggregate
Section 720.305 caps continuing-violation fines
Fines are capped at $100 per violation, with a $1,000 aggregate cap for continuing violations, unless the governing documents expressly authorize higher amounts. The fine process also requires notice, opportunity to be heard, and approval by a committee independent of the board.
18% maximum interest on delinquencies
Compound interest on assessments is prohibited
Florida statute caps interest on delinquent assessments at 18% per year simple. Compound interest is not allowed regardless of what the declaration says. Late fees are capped at the greater of $25 or 5% of the delinquent installment.
115% budget challenge - condos only
The 115% recall right does not extend to HOAs
Chapter 718 lets condo unit owners challenge an annual budget that exceeds the prior year's by more than 115%, requiring a substitute budget at a higher vote threshold. Chapter 720 contains no equivalent for HOAs - HOA budgets can rise by any amount the board sets, subject only to whatever cap the governing documents impose.
Plain-English guides to the Florida statutes that most often clash with HOA governing documents. Each one explains the rule, what the board can still do, and what to check in the disclosure packet before you remove contingencies.
Florida Statutes 163.04
A covenant that bans solar collectors or clotheslines is void. The board can pick the roof orientation, within limits.
Florida Statutes 720.3075
Landscaping and Florida-Friendly yards
A covenant that bans Florida-Friendly Landscaping is null and void as against public policy.
Florida Statutes 720.306(1)(h)
A rental amendment passed after July 2021 binds only owners who buy later or consent, with two exceptions.
Florida Statutes 720.305
Fines are capped at $100 and $1,000, an independent committee has to approve them, and a fine under $1,000 cannot lien.
Florida Statutes 720.3085
Two 45-day notices before a lien and foreclosure, with interest capped at 18 percent.
Florida Statutes 720.303(2)
No statutory cap on the amount, but 14 days notice, mailed and posted, or the assessment is voidable.
Florida Statutes 720.30851
10 business days to issue, the fee is capped, and there is no fee if the HOA is late.
Florida Statutes 718.113(8) (condominiums)
Condominium law: a condo cannot ban an EV charging station in your assigned parking space.
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About this page
This is a general buyer guide for Florida HOA disclosure. HOA Notes is not a law firm and this is not legal advice. State statutes change; the citations above were current as of the page's last update. Consult a Florida real estate attorney before removing contingencies or relying on any state-law right described here.