At a glance
| Statute | Chapter 720, Florida Statutes |
|---|---|
| Fine cap (default) | $100 per violation, $1,000 total |
| Hearing notice | At least 14 days |
| Buyer cancel right | 3 days after disclosure summary |
| Estoppel fee cap | $250 (current account) |
What is chapter 720 (the "720 rule") in Florida?
Chapter 720 of the Florida Statutes, the Homeowners' Association Act, sets the ground rules for associations that govern single-family homes, townhomes and other parcels where membership is mandatory. It covers board powers and meetings, official records, budgets and reserves, fines and suspensions, assessments and liens, architectural review, elections and disputes, and the disclosure every buyer must receive. People searching for "rule 720" usually mean this chapter.
How it fits with your community's documents
Each HOA also has a recorded declaration of covenants, articles, bylaws and rules. Those documents set the specific restrictions, and chapter 720 limits what they can do. Where the statute says "regardless of any covenants" or "notwithstanding" the governing documents, the statute wins.
HOAs vs condos
Condominiums follow chapter 718, which has stricter reserve rules, structural inspections and a different buyer cancellation period. See our Florida condo law guide for that side.
What is the new HOA law in Florida?
HB 1203 (2024): the big rewrite
The most sweeping recent change is HB 1203, chapter 2024-221, Laws of Florida. It rewrote record-keeping and website rules, added mandatory director education, tightened the fine process, protected driveway parking of work vehicles and the use of contractors who are not on a preferred vendor list, and made kickbacks to officers, directors and managers a crime.
Hurricane protection (2024)
Section 720.3035(6), added in 2024, applies to every HOA regardless of age. The board must adopt hurricane protection specifications, and it may not deny an owner's application to install hurricane protection that meets them. Hurricane protection includes code-compliant roof systems, fixed and roll-down shutters, impact windows and doors, polycarbonate panels, reinforced garage doors and more. The board can still require the owner to match an existing building scheme.
HB 803 (2026): building permits and architectural review
From July 1, 2026, an HOA or its architectural committee may not require a building permit to be issued before it reviews an owner's plans. The change, section 720.3035(1)(c), came in HB 803, chapter 2026-63, which was mainly about local building permits.
Other 2026 changes
The 2026 edition of chapter 720 also reflects a reviser's bill (SB 104) and HB 797, which renamed Florida's nonprofit corporation act and re-enacted related HOA sections. Neither changed owners' day-to-day rights.
Can an HOA tell you what to do in your backyard in Florida?
Only for what others can see, and only as far as the documents allow.
Items not visible to neighbors
Section 720.3045 says that, regardless of the covenants and unless general law or a local ordinance prohibits it, an HOA may not stop owners or tenants from installing, displaying or storing items on a parcel that cannot be seen from the frontage, an adjacent parcel, an adjacent common area or a community golf course. The statute's examples are artificial turf, boats, flags, vegetable gardens, clotheslines and recreational vehicles.
Architectural review must follow the declaration
Under section 720.3035, the association can review location, size, type or appearance only to the extent the declaration or its authorized guidelines say so, and must apply standards equally to everyone. If the documents give options for materials or design, the board cannot restrict your choice among them. A denial must be in writing and name the specific rule and the part of the plan that does not comply.
Interiors and equipment
An HOA may not regulate the inside of a structure that cannot be seen from outside, or require approval for an air-conditioning, heating or ventilation system that is not visible and is similar to an approved one.
Setbacks
Unless the documents say otherwise, each parcel has only one front for setback purposes, and where the documents are silent the county or city setback applies.
Fines, hearings and the most common HOA violations
No state agency publishes a ranking of HOA violations. The disputes chapter 720 addresses most directly are architectural changes without approval, parking, items visible from the street, unpaid assessments and maintenance of the parcel.
Fine limits
Unless the governing documents set other amounts, a fine may not exceed $100 per violation, and a daily fine for a continuing violation is capped at $1,000 in total. A fine under $1,000 cannot become a lien on the property.
The hearing process
Before a fine or suspension, the board must give at least 14 days' written notice of the right to a hearing. The hearing happens within 90 days before a committee of at least three owners who are not board members, employees or their close relatives, and it can be held by phone or video. If the committee does not approve the fine by majority, it cannot be imposed. If the violation is cured before the hearing, or as the notice specifies, no fine or suspension may be imposed. Any approved fine must be given at least 30 days to be paid.
Worked example: a continuing violation
Say a board fines $100 a day for an unapproved shed and the governing documents are silent on amounts. After 10 days the total is 10 × $100 = $1,000, and the statute stops it there, so the fine is capped at $1,000 however long the shed stays. Because the total has reached $1,000, the statute's bar on liens for fines under $1,000 no longer protects the owner. If the owner removes the shed before the hearing, no fine can be imposed at all.
Suspensions
The association can suspend use of common areas for a reasonable time, but never access to the parcel, including the right to park.
Rules for boards and records
Websites for 100 or more parcels
Since January 1, 2025, an association with 100 or more parcels must post its governing documents, rules, contracts and other listed records on a website or app.
Records requests
Owners can inspect official records. If the association fails to give access within 10 business days after a written request sent by certified mail, the law presumes the failure was willful, and the owner can seek damages.
Director education
Each new director must complete state-approved education within 90 days of election or appointment, covering finances, records, fines and meetings, and repeat it at least every four years. Directors also need 4 hours of continuing education a year, or 8 hours in associations with 2,500 or more parcels.
Contractors and parking
An HOA may not bar an owner from hiring a contractor just because the contractor is not on a preferred vendor list, and may not ban parking a personal work vehicle that is not a commercial motor vehicle in the owner's driveway.
Disputes
Disputes between an owner and the association over use of or changes to the parcel or common areas, other covenant enforcement, amendments to the documents, board and committee meetings, and access to official records must start with a demand for presuit mediation before anyone goes to court. Election and recall disputes go to DBPR arbitration or to court instead. Filing for mediation or arbitration pauses the statute of limitations.
What HOA buyers are entitled to
The disclosure summary
Section 720.401 requires the seller to give a buyer a disclosure summary before signing the contract. It warns that membership is mandatory, covenants govern use of the property and assessments are owed and may rise. If it is not provided first, the buyer may cancel within 3 days after receiving it or before closing, whichever is first. The right cannot be waived.
Estoppel certificate fees
The estoppel certificate shows exactly what is owed on the parcel. The association may charge up to $250 when the account is current, $100 more for delivery within 3 business days, and up to $150 more if there is a delinquency. If it fails to deliver within 10 business days of the request, it may not charge a fee.
Unpaid assessments follow the buyer
A new owner is jointly and severally liable with the previous owner for all assessments unpaid at the time of transfer, which is why the estoppel certificate and title work matter. Our Florida closing costs guide shows where these fees appear.
CDDs are different
Some Florida communities also sit inside a community development district (CDD), which is separate from the HOA and is not governed by chapter 720. See our Florida CDD fees guide and the Horizon West page for an example.
An HOA checklist before you buy
- Read the declaration and rules for leasing, pets, parking, fences, pools and exterior changes.
- Get the budget and ask whether the association keeps reserves and at what level.
- Ask for any pending special assessments or lawsuits.
- Order the estoppel certificate early and compare it with the seller's figures.
- Check the website (if 100 or more parcels) for minutes that mention disputes or big projects.
- Confirm the hurricane protection specifications if you plan shutters or impact windows.
Common questions
What is the new HOA law in Florida?+
The biggest recent change is HB 1203 (2024), which added director education, website requirements for associations with 100 or more parcels, a stricter fine and hearing process, protections for driveway parking and outside contractors, and criminal penalties for kickbacks. From July 1, 2026, HB 803 also bars HOAs from requiring a building permit before architectural review.
What is rule 720 in Florida?+
It usually means chapter 720 of the Florida Statutes, the Homeowners' Association Act. It governs HOAs for single-family homes and townhomes: board powers, meetings, records, budgets, fines, assessments and liens, architectural review, elections, disputes and the disclosure summary buyers must receive. Condominiums are covered by a different law, chapter 718.
Can an HOA tell you what to do in your backyard in Florida?+
Only for things others can see. Under section 720.3045, an HOA cannot restrict items that are not visible from the frontage, an adjacent parcel or common area, or a community golf course, such as vegetable gardens, clotheslines, artificial turf, boats or RVs. Visible changes can be reviewed only to the extent the declaration allows.
What are the most common HOA violations in Florida?+
No state agency publishes a ranking. The issues chapter 720 deals with most are exterior changes without approval, parking, items visible from the street, lawn and parcel maintenance, and unpaid assessments. Fines are capped at $100 per violation and $1,000 in total unless the documents say otherwise, and a cured violation cannot be fined.
How much can an HOA fine you in Florida?+
Unless your governing documents set different amounts, up to $100 per violation, and a daily fine for a continuing violation cannot exceed $1,000 in total. A fine under $1,000 cannot become a lien. Any fine needs 14 days' notice and approval by an independent committee of owners at a hearing.
Can I cancel a home purchase if I did not get the HOA disclosure?+
Yes. If the seller did not give you the HOA disclosure summary before you signed, you can cancel in writing within 3 days after receiving it or before closing, whichever comes first. The right cannot be waived and ends at closing. Condominiums use a different rule with a 7-business-day window.
Sources
- Florida Statutes, Chapter 720 (2026): Homeowners' Associations
- Laws of Florida, Chapter 2024-221 (CS/CS/HB 1203, homeowners' associations)
- Laws of Florida, Chapter 2026-63 (CS/CS/HB 803, building permits and inspections)
- Laws of Florida, Chapter 2026-168 (CS/CS/HB 797, nonprofit corporations)
- Laws of Florida, Chapter 2026-14 (SB 104, reviser's bill)