Florida Chapter 718 vs. Chapter 720: Which Statute Governs My Association?

1. The Basic Distinction

Florida has two separate statutory schemes for community associations, and confusing them leads to real compliance mistakes. Chapter 718, the Condominium Act, governs condominiums, communities where owners hold individually deeded units within a building or building complex, along with an undivided interest in common elements. Chapter 720, the Homeowners' Association Act, governs HOAs, communities of single-family homes, townhomes, or platted lots where the association holds and maintains common areas rather than the units themselves.

The distinction is not just academic. Reserve funding rules, fining procedures, election requirements, and even lien priority differ in important ways between the two chapters, and a governing document drafted for one type of community will not automatically translate cleanly to the other.

2. Side-by-Side Comparison

3. Reserves & Structural Integrity Requirements

The most significant recent divergence between the two chapters involves reserves. Following the Champlain Towers South collapse, the Legislature imposed mandatory Structural Integrity Reserve Studies (SIRS) and non-waivable reserve funding for condominium buildings three stories or higher under Chapter 718. Condo boards can no longer vote to waive or reduce reserves for the structural components covered by a SIRS.

HOAs are not subject to this same structural integrity reserve mandate, since Chapter 720 communities typically do not include multi-story residential buildings with shared structural components in the same way condominiums do. HOA reserve obligations are instead governed primarily by the community's own declaration and general Chapter 720 provisions, which still allow more flexibility, including membership votes to waive or reduce reserve funding in many cases.

4. Enforcement & Dispute Resolution Differences

Both chapters require an independent fining committee, written notice, and an opportunity to be heard before a fine or use-right suspension takes effect, but they sit in different statutory sections (718.303 for condos, 720.305 for HOAs) and have accumulated slightly different case law interpreting notice and hearing requirements over time.

Dispute resolution paths also diverge. Condominium unit owner disputes involving certain issues (such as election disputes or authority to conduct meetings) may be subject to mandatory non-binding arbitration through the DBPR before litigation. HOA disputes instead go through mandatory pre-suit mediation under F.S. 720.311, with different exemptions and procedural triggers. Getting the wrong process started, or skipping the required one, can result in a case being dismissed and having to start over. See our Dispute Resolution & Litigation page for a deeper look at each path.

5. Which One Applies to Me

Determining which chapter governs a specific community usually comes down to reading the recorded declaration, but as a general rule:

• If you own an individually deeded unit inside a building, with common elements shared among owners, you are almost certainly a condominium under Chapter 718.
• If you own a single-family home, townhome, or platted lot, and a separate association owns and maintains common areas like entrances, ponds, or clubhouses, you are almost certainly an HOA under Chapter 720.
• Some communities have layered structures, for example, a master HOA over multiple condominium buildings, which can mean both chapters apply to different levels of governance simultaneously.

Because the wrong statutory framework can lead to invalid board actions, improperly noticed meetings, or unenforceable fines, we recommend a governing document review any time there is uncertainty about which chapter, or combination of chapters, applies to your community. Learn more on our Governing Document Review & Amendments page.

Frequently Asked Questions