Florida Statute 720.301 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 720
HOMEOWNERS' ASSOCIATIONS

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F.S. 720.301

720.301 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.

F.S. 720.301 on Google Scholar

F.S. 720.301 on Casetext

Amendments to 720.301

Arrestable Offenses / Crimes under Fla. Stat. 720.301

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 720.301.

Annotations, Discussions, Cases:

Cases Citing Statute 720.301

Total Results: 20

Grand Harbor Community Association, Inc. v. GH Vero Beach Development, LLC, Bahadur

Court: District Court of Appeal of Florida | Date Filed: 2024-10-02

Snippet: before the effective date of this act and that ss. 720.301–720.407 are not intended to impair such contract

VALENCIA RESERVE HOMEOWNERS ASSOCIATION, INC. v. BOYNTON BEACH ASSOCIATES, XIX, LLLP

Court: District Court of Appeal of Florida | Date Filed: 2019-08-28

Snippet: Id. An “assessment,” as defined by Section 720.301(1), Florida Statutes (2018), is a “sum or sums

NORMAN GUNDEL v. AV HOMES, INC. AND AVATAR PROPERTIES, INC.

Court: District Court of Appeal of Florida | Date Filed: 2019-02-01

Citation: 264 So. 3d 304

Snippet: Florida's Homeowners' Association Act, §§ 720.301-720.407, and Florida's Deceptive and Unfair

EASTWOOD SHORES PROPERTY OWNERS ASSOCIATION, INC. v. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY

Court: District Court of Appeal of Florida | Date Filed: 2019-01-25

Citation: 264 So. 3d 264

Snippet: homeowners' association as defined in [section] 720.301, or [(2)] an association of parcel owners which

Sand Lake Hills Homeowners Ass'n v. Busch

Court: District Court of Appeal of Florida | Date Filed: 2017-01-20

Citation: 210 So. 3d 706, 2017 Fla. App. LEXIS 568

Snippet: not a statutory homeowners’ association. See § 720.301(7), Fla. Stat. (2000) (defining homeowners’ association

Sand Lake Hills v. Busch

Court: District Court of Appeal of Florida | Date Filed: 2017-01-16

Citation: 210 So. 3d 706

Snippet: not a statutory homeowners’ association. See § 720.301(7), Fla. Stat. (2000) (defining homeowners’ association

MacKenzie v. Centex Homes Ex Rel. Centex Real Estate Corp.

Court: District Court of Appeal of Florida | Date Filed: 2016-12-22

Citation: 208 So. 3d 790, 2016 Fla. App. LEXIS 18789

Snippet: in paragraph (f).”). 5 . See § 720.301(1), Fla. Stat (2015) ("'Assessment' ... means a

Pudlit 2 Joint Venture, LLP v. Westwood Gardens Homeowners Association

Court: District Court of Appeal of Florida | Date Filed: 2015-05-27

Citation: 169 So. 3d 145, 2015 Fla. App. LEXIS 8020, 2015 WL 3388254

Snippet: effective date of this act and that ss. 720.301-720.407 are not intended to impair such contract

Southern Owners Insurance Co. v. Cooperativa De Seguros Multiples

Court: District Court of Appeal of Florida | Date Filed: 2014-07-14

Citation: 143 So. 3d 439

Snippet: interest in the community swimming pool.2 Section 720.301(2), Florida Statutes (2009), suggests that Daisy

Straub v. Muir-Villas Homeowners Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2013-12-18

Citation: 128 So. 3d 885, 2013 WL 6636854, 2013 Fla. App. LEXIS 19954

Snippet: applying the definitions set forth in Section 720.301, Florida Statutes (2007), the Owner argues that

Rosenberg v. Metrowest Master Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2013-07-05

Citation: 116 So. 3d 641, 2013 WL 3357517, 2013 Fla. App. LEXIS 10755

Snippet: Master Association within the meaning of sections 720.301(10) and 720.305(1), Florida Statutes (2009). We

Clark v. Bluewater Key RV Ownership Park

Court: District Court of Appeal of Florida | Date Filed: 2012-12-19

Citation: 197 So. 3d 59, 2012 WL 6602657, 2012 Fla. App. LEXIS 21719

Snippet: permanent living quarters. The terms of Section 720.301 do not include this type of development, in that

Princeton Homes, Inc. v. Morgan

Court: District Court of Appeal of Florida | Date Filed: 2010-06-09

Citation: 38 So. 3d 207, 2010 Fla. App. LEXIS 8198, 2010 WL 2292198

Snippet: provided that such is evidenced in writing. § 720.301(6), Fla. Stat. Our disposition of this appeal does

Lake Charleston Maintenance Ass'n v. Farrell

Court: District Court of Appeal of Florida | Date Filed: 2009-08-05

Citation: 16 So. 3d 182, 2009 Fla. App. LEXIS 10738, 2009 WL 2382315

Snippet: governed by its governing documents, which section 720.301(8), Florida Statutes (2006), defines as: (a) the

City of Jacksonville v. Coffield

Court: District Court of Appeal of Florida | Date Filed: 2009-04-03

Citation: 18 So. 3d 589, 2009 Fla. App. LEXIS 2764, 2009 WL 886214

Snippet: a "`homeowners' association' as defined in s. 720.301(9) with the power to levy and collect assessments

Circle Villas Condo. v. Circle Prop. Owners

Court: District Court of Appeal of Florida | Date Filed: 2007-04-18

Citation: 957 So. 2d 1207, 2007 WL 1135619

Snippet: Department of Business and Professional Regulation. § 720.301(5), Fla. Stat. (2005).

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-01-26

Snippet: 5 Section 171.0413(2)(e), Fla. Stat. 6 Section 720.301(2), Fla. Stat. 7 Carson v. Miller, 370 So. 2d 10

Greenacre Properties, Inc. v. Rao

Court: District Court of Appeal of Florida | Date Filed: 2006-05-03

Citation: 933 So. 2d 19, 2006 Fla. App. LEXIS 6638, 2006 WL 1154757

Snippet: purposes of this statute is defined in section 720.301(7) as "a Florida corporation responsible for the

Ago

Court: Florida Attorney General Reports | Date Filed: 2006-03-21

Snippet: for homeowners' associations as defined in s. 720.301, Fla. Stat., to conduct bingo games. 7 The constitutional

Andres v. Indian Creek Phase III-B Homeowner's Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2005-03-23

Citation: 901 So. 2d 182, 2005 Fla. App. LEXIS 3891, 2005 WL 662679

Snippet: which provides the following definition at section 720.301(1): (1) “Assessment” or “amenity fee” means a sum