720.301
Definitions.
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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.
Notes of Decisions
Cited in 22
cases (3 in the last 5 years), 2000–2024 · leading case: United States v. Forest Hill Gardens East Condominium Ass'n
United States v. Forest Hill Gardens East Condominium Ass'n (2014)
“” § 720.301(1), Fla. Stat. Taken together, these terms infer a shared expense among all the units of the homeowners’ association for a common good, not an individualized penalty to induce compliance.”
MacKenzie v. Centex Homes Ex Rel. Centex Real Estate Corp. (2016)
“See § 720.301(1), Fla. Stat (2015) ("'Assessment' .”
Savanna Club Worship Service, Inc. v. Savanna Club Homeowners' Ass'n (2005)
“Its purpose is to provide worship services for residents of the Association’s community.”
Greenacre Properties, Inc. v. Rao (2006)
“An "association" for purposes of this statute is defined in section 720.301(7) as "a Florida corporation responsible for the operation of a community.”
Lake Charleston Maintenance Ass'n v. Farrell (2009)
“*183 The community is subject to and governed by its governing documents, which section 720.301(8), Florida Statutes (2006), defines as: (a) the recorded Declaration of Covenants (the Declaration), and (b) the Articles of Incorporation and Bylaws of the Association.”
Princeton Homes, Inc. v. Morgan (2010)
“§ 720.301(6), Fla. Stat. Our disposition of this appeal does not depend upon whether Princeton Homes met the definition of a "developer.”
In Re Rivera (2000)
“The form of property ownership to which homeowners’ associations relate, however, is based primarily on the common law of real property, subject to some regulation found specifically in § 720.301-312, Fla. Stat. (2000). All three types of community associations rely on the…”
Sand Lake Hills Homeowners Ass'n v. Busch (2017)
“” It is irrelevant that Appellant was not a homeowners’ association as defined in section 720.301 or a homeowners’ association entitled to enforce use restrictions.”
Clark v. Bluewater Key RV Ownership Park (2012)
“The terms of Section 720.301 do not include this type of development, in that the function of the PARK is the use and rental of recreational vehicle lots, and does not include permanent residency.”
Circle Villas Condo. v. Circle Prop. Owners (2007)
“…and HAZOURI, JJ., concur. NOTES [1] "Department" refers to the Department of Business and Professional Regulation. § 720.301(5), Fla. Stat. (2005).”
Rosenberg v. Metrowest Master Ass'n (2013)
“Section 720.301(10) defines the term “member” to include “any person or entity obligated by the governing documents to pay an assessment or amenity fee.”
Sand Lake Hills v. Busch (2017)
“” It is irrelevant that Appellant was not a homeowners’ association as defined in section 720.301 or a homeowners’ association entitled to enforce use restrictions.”
— 720.301(1) — 5 cases
MacKenzie v. Centex Homes Ex Rel. Centex Real Estate Corp. (2016)
“See § 720.301(1), Fla. Stat (2015) ("'Assessment' .”
United States v. Forest Hill Gardens East Condominium Ass'n (2014)
“” § 720.301(1), Fla. Stat. Taken together, these terms infer a shared expense among all the units of the homeowners’ association for a common good, not an individualized penalty to induce compliance.”
— 720.301(10) — 1 case
Rosenberg v. Metrowest Master Ass'n (2013)
“Section 720.301(10) defines the term “member” to include “any person or entity obligated by the governing documents to pay an assessment or amenity fee.”
— 720.301(11) — 2 cases
EASTWOOD SHORES PROPERTY OWNERS ASSOCIATION, INC. v. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (2019)
— 720.301(12) — 1 case
EASTWOOD SHORES PROPERTY OWNERS ASSOCIATION, INC. v. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (2019)
— 720.301(2) — 3 cases
Savanna Club Worship Service, Inc. v. Savanna Club Homeowners' Ass'n (2005)
“Its purpose is to provide worship services for residents of the Association’s community.”
EASTWOOD SHORES PROPERTY OWNERS ASSOCIATION, INC. v. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (2019)
— 720.301(3) — 1 case
EASTWOOD SHORES PROPERTY OWNERS ASSOCIATION, INC. v. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (2019)
— 720.301(4) — 1 case
Savanna Club Worship Service, Inc. v. Savanna Club Homeowners' Ass'n (2005)
“Its purpose is to provide worship services for residents of the Association’s community.”
— 720.301(5) — 1 case
Circle Villas Condo. v. Circle Prop. Owners (2007)
“…and HAZOURI, JJ., concur. NOTES [1] "Department" refers to the Department of Business and Professional Regulation. § 720.301(5), Fla. Stat. (2005).”
— 720.301(6) — 1 case
Princeton Homes, Inc. v. Morgan (2010)
“§ 720.301(6), Fla. Stat. Our disposition of this appeal does not depend upon whether Princeton Homes met the definition of a "developer.”
— 720.301(7) — 3 cases
Greenacre Properties, Inc. v. Rao (2006)
“An "association" for purposes of this statute is defined in section 720.301(7) as "a Florida corporation responsible for the operation of a community.”
Sand Lake Hills Homeowners Ass'n v. Busch (2017)
“” It is irrelevant that Appellant was not a homeowners’ association as defined in section 720.301 or a homeowners’ association entitled to enforce use restrictions.”
Sand Lake Hills v. Busch (2017)
“” It is irrelevant that Appellant was not a homeowners’ association as defined in section 720.301 or a homeowners’ association entitled to enforce use restrictions.”
— 720.301(8) — 3 cases
United States v. Forest Hill Gardens East Condominium Ass'n (2014)
“” § 720.301(1), Fla. Stat. Taken together, these terms infer a shared expense among all the units of the homeowners’ association for a common good, not an individualized penalty to induce compliance.”
Lake Charleston Maintenance Ass'n v. Farrell (2009)
“*183 The community is subject to and governed by its governing documents, which section 720.301(8), Florida Statutes (2006), defines as: (a) the recorded Declaration of Covenants (the Declaration), and (b) the Articles of Incorporation and Bylaws of the Association.”
— 720.301(9) — 1 case
EASTWOOD SHORES PROPERTY OWNERS ASSOCIATION, INC. v. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (2019)
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