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The 2025 Florida Statutes
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F.S. 720.301720.301 Definitions.—As used in this chapter, the term:(1) “Assessment” or “amenity fee” means a sum or sums of money payable to the association, to the developer or other owner of common areas, or to recreational facilities and other properties serving the parcels by the owners of one or more parcels as authorized in the governing documents, which if not paid by the owner of a parcel, can result in a lien against the parcel. (2) “Common area” means all real property within a community which is owned or leased by an association or dedicated for use or maintenance by the association or its members, including, regardless of whether title has been conveyed to the association:(a) Real property the use of which is dedicated to the association or its members by a recorded plat; or (b) Real property committed by a declaration of covenants to be leased or conveyed to the association. (3) “Community” means the real property that is or will be subject to a declaration of covenants which is recorded in the county where the property is located. The term “community” includes all real property, including undeveloped phases, that is or was the subject of a development-of-regional-impact development order, together with any approved modification thereto. (4) “Declaration of covenants,” or “declaration,” means a recorded written instrument or instruments in the nature of covenants running with the land which subject the land comprising the community to the jurisdiction and control of an association or associations in which the owners of the parcels, or their association representatives, must be members. (5) “Department” means the Department of Business and Professional Regulation. (6) “Developer” means a person or entity that:(a) Creates the community served by the association; or (b) Succeeds to the rights and liabilities of the person or entity that created the community served by the association, provided that such is evidenced in writing. (7) “Division” means the Division of Florida Condominiums, Timeshares, and Mobile Homes in the Department of Business and Professional Regulation. (8) “Governing documents” means:(a) The recorded declaration of covenants for a community and all duly adopted and recorded amendments, supplements, and recorded exhibits thereto; and (b) The articles of incorporation and bylaws of the homeowners’ association and any duly adopted amendments thereto. (9) “Homeowners’ association” or “association” means a Florida corporation responsible for the operation of a community or a mobile home subdivision in which the voting membership is made up of parcel owners or their agents, or a combination thereof, and in which membership is a mandatory condition of parcel ownership, and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel. The term “homeowners’ association” does not include a community development district or other similar special taxing district created pursuant to statute. (10) “Member” means a member of an association, and may include, but is not limited to, a parcel owner or an association representing parcel owners or a combination thereof, and includes any person or entity obligated by the governing documents to pay an assessment or amenity fee. (11) “Parcel” means a platted or unplatted lot, tract, unit, or other subdivision of real property within a community, as described in the declaration:(a) Which is capable of separate conveyance; and (b) Of which the parcel owner, or an association in which the parcel owner must be a member, is obligated:1. By the governing documents to be a member of an association that serves the community; and 2. To pay to the homeowners’ association assessments that, if not paid, may result in a lien. (12) “Parcel owner” means the record owner of legal title to a parcel. (13) “Voting interest” means the voting rights distributed to the members of the homeowners’ association, pursuant to the governing documents. History.—s. 33, ch. 92-49; s. 52, ch. 95-274; s. 4, ch. 99-382; s. 44, ch. 2000-258; s. 16, ch. 2004-345; s. 13, ch. 2004-353; s. 62, ch. 2008-240; s. 16, ch. 2011-196; s. 15, ch. 2015-97; s. 19, ch. 2021-99. Note.—Former s. 617.301.
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Annotations, Discussions, Cases:
Cases Citing Statute 720.301
Total Results: 21
256 B.R. 828, 2000 Bankr. LEXIS 1600, 37 Bankr. Ct. Dec. (CRR) 43, 2000 WL 1911402
United States Bankruptcy Court, M.D. Florida | Filed: Dec 14, 2000 | Docket: 218493
Cited 16 times | Published
subject to some regulation found specifically in § 720.301-312, Fla. Stat. (2000).
All three types of community
612 F.3d 1324, 2010 U.S. App. LEXIS 15898, 2010 WL 2990019
Court of Appeals for the Eleventh Circuit | Filed: Jul 30, 2010 | Docket: 515658
Cited 12 times | Published
sufficient to meet the definition of "developer" under § 720.301(6). On appeal, Princeton argues that it is neither
933 So. 2d 19, 2006 Fla. App. LEXIS 6638, 2006 WL 1154757
District Court of Appeal of Florida | Filed: May 3, 2006 | Docket: 1712079
Cited 9 times | Published
for purposes of this statute is defined in section 720.301(7) as "a Florida corporation responsible for
197 So. 3d 59, 2012 WL 6602657, 2012 Fla. App. LEXIS 21719
District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60256266
Cited 3 times | Published
as permanent living quarters. The terms of Section 720.301 do not include this type of development, in
38 So. 3d 207, 2010 Fla. App. LEXIS 8198, 2010 WL 2292198
District Court of Appeal of Florida | Filed: Jun 9, 2010 | Docket: 2409283
Cited 2 times | Published
provided that such is evidenced in writing. § 720.301(6), Fla. Stat. Our disposition of this appeal
16 So. 3d 182, 2009 Fla. App. LEXIS 10738, 2009 WL 2382315
District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 1640714
Cited 2 times | Published
governed by its governing documents, which section 720.301(8), Florida Statutes (2006), defines as: (a)
456 F. Supp. 2d 1223, 2005 U.S. Dist. LEXIS 43775, 2005 WL 4828664
District Court, S.D. Florida | Filed: Dec 16, 2005 | Docket: 2333337
Cited 2 times | Published
by Florida's Homeowner's Association Act, Fla. Stat. 720.301, et seq. Its membership consists of individual
208 So. 3d 790, 2016 Fla. App. LEXIS 18789
District Court of Appeal of Florida | Filed: Dec 22, 2016 | Docket: 4560324
Cited 1 times | Published
provided in paragraph (f).”).
5
. See § 720.301(1), Fla. Stat (2015) ("'Assessment' ... means
116 So. 3d 641, 2013 WL 3357517, 2013 Fla. App. LEXIS 10755
District Court of Appeal of Florida | Filed: Jul 5, 2013 | Docket: 60232432
Cited 1 times | Published
to recover attorney’s fees and costs. Id. Section 720.301(10) defines the term “member” to include “any
957 So. 2d 1207, 2007 WL 1135619
District Court of Appeal of Florida | Filed: Apr 18, 2007 | Docket: 1678956
Cited 1 times | Published
Department of Business and Professional Regulation. § 720.301(5), Fla. Stat. (2005).
Court of Appeals for the Eleventh Circuit | Filed: Apr 7, 2025 | Docket: 68189605
Published
Argued: Jan 25, 2024
under Chapter 712. Compare Fla. Stat.
§ 720.301(9) (defining an HOA as “a Florida corporation responsible
District Court of Appeal of Florida | Filed: Aug 28, 2019 | Docket: 16121867
Published
members. Id.
An “assessment,” as defined by Section 720.301(1), Florida Statutes
(2018), is a “sum or sums
264 So. 3d 264
District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 14516111
Published
homeowners' association as defined in
[section] 720.301, or [(2)] an association of parcel owners
210 So. 3d 706, 2017 Fla. App. LEXIS 568
District Court of Appeal of Florida | Filed: Jan 20, 2017 | Docket: 60294195
Published
not a statutory homeowners’ association. See § 720.301(7), Fla. Stat. (2000) (defining homeowners’ association
210 So. 3d 706
District Court of Appeal of Florida | Filed: Jan 16, 2017 | Docket: 4578115
Published
not a statutory homeowners’
association. See § 720.301(7), Fla. Stat. (2000) (defining homeowners’ association
143 So. 3d 439
District Court of Appeal of Florida | Filed: Jul 14, 2014 | Docket: 452962
Published
interest in the community swimming pool.2 Section 720.301(2), Florida Statutes (2009), suggests that
990 F. Supp. 2d 1344, 2014 WL 28723, 2014 U.S. Dist. LEXIS 488
District Court, S.D. Florida | Filed: Jan 3, 2014 | Docket: 65996629
Published
“assessments” to be synonymous with “amenity fees.” § 720.301(1), Fla. Stat. Taken together, these terms infer
128 So. 3d 885, 2013 WL 6636854, 2013 Fla. App. LEXIS 19954
District Court of Appeal of Florida | Filed: Dec 18, 2013 | Docket: 60237197
Published
and applying the definitions set forth in Section 720.301, Florida Statutes (2007), the Owner argues
Florida Attorney General Reports | Filed: Jan 26, 2007 | Docket: 3258876
Published
Id.
5 Section 171.0413(2)(e), Fla. Stat.
6 Section 720.301(2), Fla. Stat.
7 Carson v. Miller, 370 So.
901 So. 2d 182, 2005 Fla. App. LEXIS 3891, 2005 WL 662679
District Court of Appeal of Florida | Filed: Mar 23, 2005 | Docket: 64838002
Published
which provides the following definition at section 720.301(1):
(1) “Assessment” or “amenity fee” means
882 So. 2d 424, 2004 Fla. App. LEXIS 12100, 2004 WL 1837928
District Court of Appeal of Florida | Filed: Aug 18, 2004 | Docket: 64832531
Published
defined by Florida Statute § 617.301(7)[now Florida Statute 720.301], Appellee, Frank J. Gerecitano (“Gerecitano”)
