720 Statute cover page 2015

1 Department of Business and Professional Regulation CHAPTER 720 FLORIDA STATUTES HOMEOWNERS ASSOCIATIONS And Chapters 61B-80,81 and 85, Florida Administrative Code Includes laws enacted during the 2015 Legislative Session Division of Florida Condominiums, Timeshares, and Mobile Homes Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-1030 NOTICE TO RECIPIENT Chapter 720 of the Florida Statutes, also known as the Homeowners association Act, is a chapter of law that governs certain types of homeowners associations in the State of Florida. Pursuant to section , Florida Statutes, the Division of Florida Condominiums, Timeshares, and Mobile Homes provides an arbitration program for associations and parcel owners.

2 This section of the law should be read in conjunction with Chapters 61B-80 and 81, Florida Administrative Code. These administrative rules are promulgated by the Division of Florida Condominiums, Timeshares, and Mobile Homes to interpret, enforce, and implement section , Florida Statutes. Due to changes in the Statute and administrative rules, readers should inquire periodically to ensure that they are referring to the most recently revised copy. Division of Florida Condominiums, Timeshares, and Mobile Homes Northwood Centre 1940 North Monroe Street Tallahassee, FL 32399-1029 (850) 488-1122 This publication was undertaken expressly for the convenience of those who frequently refer to the Florida Statutes and Florida Administrative Code, and is not in any way intended to be an official published version of these laws and rules.

3 CHAPTER 720 HOMEOWNERS ASSOCIATIONSPART I GENERAL PROVISIONS (ss. )PART II DISCLOSURE PRIOR TO SALE OF RESIDENTIAL PARCELS (ss. , )PART III COVENANT REVITALIZATION (ss. )PART IGENERAL Short , scope, and powers and duties; meetingsof board; official records; budgets; fi-nancial reporting; association funds; Officers and control covenants; parcelowner improvements; rights and of owners to peaceably assemble;display of flag; SLAPP suits of members; remedies at lawor in equity; levy of fines and suspen-sion of use to fill vacancies on board ofdirectors sufficient to constitute a quor-um; appointment of receiver upon peti-tion of Contracts for products and services; inwriting; bids; of members; voting and electionprocedures; of association control in Prohibited clauses in association and Payment for assessments.

4 Lien Estoppel Financial entered into by the leaseholds; right to acquire;escalation of covenants; survival aftertax deed or of special emergency Definitions. As used in this chapter, theterm:(1) Assessment or amenity fee means a sum orsums of money payable to the association , to thedeveloper or other owner of common areas, or torecreational facilities and other properties serving theparcels by the owners of one or more parcels asauthorized in the governing documents, which if notpaid by the owner of a parcel, can result in a lien againstthe parcel.(2) Common area means all real property within acommunity which is owned or leased by an associationor dedicated for use or maintenance by the associationor its members, including, regardless of whether titlehas been conveyed to the association :(a) Real property the use of which is dedicated tothe association or its members by a recorded plat; or(b) Real property committed by a declaration ofcovenants to be leased or conveyed to the association .

5 (3) community means the real property that is orwill be subject to a declaration of covenants which isrecorded in the county where the property is term community includes all real property, includ-ing undeveloped phases, that is or was the subject of adevelopment-of-regional-impact development order, to-gether with any approved modification thereto.(4) Declaration of covenants, or declaration, means a recorded written instrument or instruments inthe nature of covenants running with the land whichsubject the land comprising the community to thejurisdiction and control of an association or associationsin which the owners of the parcels, or their associationrepresentatives, must be members.

6 (5) Department means the Department of Busi-ness and Professional Regulation.(6) Developer means a person or entity that:(a) Creates the community served by the associa-tion; or(b)Succeeds to the rights and liabilities of theperson or entity that created the community served bythe association , provided that such is evidenced inwriting.(7) Division means the Division of Florida Condo-miniums, Timeshares, and Mobile Homes in the Depart-ment of Business and Professional Regulation.(8) Governing documents means:(a) The recorded declaration of covenants for acommunity and all duly adopted and recorded amend-ments, supplements, and recorded exhibits thereto;(b) The articles of incorporation and bylaws of thehomeowners association and any duly adopted amend-ments thereto; and(c) Rules and regulations adopted under the author-ity of the recorded declaration, articles of incorporation,or bylaws and duly adopted amendments 2015 HOMEOWNERS ASSOCIATIONSCh.

7 7201(9) Homeowners association or association means a Florida corporation responsible for the opera-tion of a community or a mobile home subdivision inwhich the voting membership is made up of parcelowners or their agents, or a combination thereof, and inwhich membership is a mandatory condition of parcelownership, and which is authorized to impose assess-ments that, if unpaid, may become a lien on the term homeowners association does not include acommunity development district or other similar specialtaxing district created pursuant to Statute .(10) Member means a member of an association ,and may include, but is not limited to, a parcel owner oran association representing parcel owners or a combi-nation thereof, and includes any person or entityobligated by the governing documents to pay anassessment or amenity fee.

8 (11) Parcel means a platted or unplatted lot, tract,unit, or other subdivision of real property within acommunity, as described in the declaration:(a) Which is capable of separate conveyance; and(b) Of which the parcel owner, or an association inwhich the parcel owner must be a member, is obligated:1. By the governing documents to be a member ofan association that serves the community ; and2. To pay to the homeowners association assess-ments that, if not paid, may result in a lien.(12) Parcel owner means the record owner of legaltitle to a parcel.(13) Voting interest means the voting rights dis-tributed to the members of the homeowners associa-tion, pursuant to the governing s.

9 33, ch. 92-49; s. 52, ch. 95-274; s. 4, ch. 99-382; s. 44, ; s. 16, ch. 2004-345; s. 13, ch. 2004-353; s. 62, ch. 2008-240; s. 16, ; s. 15, ch. Former s. Short title. This chapter may be citedas the Homeowners association Act. History. s. 16, ch. Purposes, scope, and application. (1)The purposes of this chapter are to givestatutory recognition to corporations not for profit thatoperate residential communities in this state, to provideprocedures for operating homeowners associations,and to protect the rights of association members withoutunduly impairing the ability of such associations toperform their functions.(2) The Legislature recognizes that it is not in thebest interest of homeowners associations or theindividual association members thereof to create orimpose a bureau or other agency of state government toregulate the affairs of homeowners associations.

10 How-ever, in accordance with s. , the Legislaturefinds that homeowners associations and their individualmembers will benefit from an expedited alternativeprocess for resolution of election and recall disputesand presuit mediation of other disputes involvingcovenant enforcement and authorizes the departmentto hear, administer, and determine these disputes asmore fully set forth in this chapter. Further, theLegislature recognizes that certain contract rightshave been created for the benefit of homeowners associations and members thereof before the effectivedate of this act and that ss. are notintended to impair such contract rights, including, butnot limited to, the rights of the developer to complete thecommunity as initially contemplated.