Florida Statutes

Fla. Stat. § 720.302 (2025)

Purposes, scope, and application.

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720.302 Purposes, scope, and application.—

(1) The purposes of this chapter are to give statutory recognition to corporations not for profit that operate residential communities in this state, to provide procedures for operating homeowners’ associations, and to protect the rights of association members without unduly impairing the ability of such associations to perform their functions.

(2) The Legislature recognizes that it is not in the best interest of homeowners’ associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners’ associations. However, in accordance with s. 720.311, the Legislature finds that homeowners’ associations and their individual members will benefit from an expedited alternative process for resolution of election and recall disputes and presuit mediation of other disputes involving covenant enforcement and authorizes the department to hear, administer, and determine these disputes as more fully set forth in this chapter. Further, the Legislature recognizes that certain contract rights have been created for the benefit of homeowners’ associations and members thereof before the effective date of this act and that ss. 720.301-720.407 are not intended to impair such contract rights, including, but not limited to, the rights of the developer to complete the community as initially contemplated.

(3) This chapter does not apply to:

(a) A community that is composed of property primarily intended for commercial, industrial, or other nonresidential use; or

(b) The commercial or industrial parcels in a community that contains both residential parcels and parcels intended for commercial or industrial use.

(4) This chapter does not apply to any association that is subject to regulation under chapter 718, chapter 719, or chapter 721 or to any nonmandatory association formed under chapter 723, except to the extent that a provision of chapter 718, chapter 719, or chapter 721 is expressly incorporated into this chapter for the purpose of regulating homeowners’ associations.

(5) Unless expressly stated to the contrary, corporations that operate residential homeowners’ associations in this state shall be governed by and subject to part I of chapter 607, if the association was incorporated under that part, or to chapter 617, if the association was incorporated under that chapter, and this chapter. This subsection is intended to clarify existing law.

History.—s. 34, ch. 92-49; s. 53, ch. 95-274; s. 45, ch. 2000-258; s. 11, ch. 2003-14; s. 17, ch. 2004-345; s. 14, ch. 2004-353; s. 8, ch. 2007-173; s. 71, ch. 2014-209.

Note.—Former s. 617.302.

Notes of Decisions

Cited in 15 cases (6 in the last 5 years), 2005–2026 · leading case: Pudlit 2 Jt. Venture, LLP v. Westwood Gardens Homeowners Ass'n, 169 So. 3d 145 (Fla. 4th DCA 2015).

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Pudlit 2 Jt. Venture, LLP v. Westwood Gardens Homeowners Ass'n, 169 So. 3d 145 (Fla. 4th DCA 2015). · cites it 4× “” § 720.302(2), Fla. Stat. (2013) (emphasis added).”

MacKenzie v. Centex Homes Ex Rel. Centex Real Est. Corp., 208 So. 3d 790 (Fla. 5th DCA 2016). · cites it 2× “” § 720.302(1), Fla. Stat. (2015). Centex argues that section 720.”

Klinow v. Island Court at Boca West Prop. Owners' Ass'n, 64 So. 3d 177 (Fla. 4th DCA 2011). · cites it 2× “” § 720.302(1), Fla. Stat. (2010). The voting rights of Florida homeowners' associations are found under section 720.”

Cricket Props., LLC v. Nassau Pointe at Heritage Isles Homeowners Ass'n, 124 So. 3d 302 (Fla. 2d DCA 2013). “See § 720.302(1). Section 720.312, which was enacted in 1995, 2 provides for the survival of all restrictions and covenants in connection with a tax deed sale as follows: All provisions of a declaration of covenants relating to a parcel that has been sold for taxes or special…”

Savanna Club Worship Serv., Inc. v. Savanna Club Homeowners' Ass'n, 456 F. Supp. 2d 1223 (S.D. Fla. 2005). “” Fla. Stat.720.302. A buyer purchases a home within such a community subject to the community’s applicable declaration of covenants.”

Rosenberg v. Metrowest Master Ass'n, 116 So. 3d 641 (Fla. 5th DCA 2013). · cites it 3× “” § 720.302(1), Fla. Stat. (2009). Section 720.”

Circle Villas Condo. v. Circle Prop. Owners, 957 So. 2d 1207 (Fla. 4th DCA 2007). · cites it 2× “Section 720.302(4), Florida Statutes (2005), states: "This chapter does not apply to any association that is subject to regulation under chapter 718, chapter 719, or chapter 721; or to any nonmandatory association formed under chapter 723.”

Vitalia at Tradition Residents' Ass'n, Inc. v. Vitalia at Tradition, LLC (Fla. 4th DCA 2024). · cites it 4× “As we held in Valencia Reserve: “If [a homeowners association] declaration’s terms contravene a governing statute, the term is deemed invalid.”

Eastwood Shores Prop. Owners Ass'n, Inc. v. Florida Dep't of Econ. Opportunity, 264 So. 3d 264 (Fla. 2d DCA 2019). · cites it 2× “nt affirm the denial of the Association's proposal to revive its declaration of covenants and restrictions, finding that the Association did not dispute that it is governed by chapter 718, Florida Statutes (2016), Florida's Condominium Act; that chapter 720, Florida Statutes…”

Valencia Reserve Homeowners Ass'n, Inc. v. Boynton Beach Assocs., Xix, Lllp (Fla. 4th DCA 2019). · cites it 2× “” § 720.302(1), Fla. Stat. (2018). To this end, Section 720.”

Grand Harbor Cmty. Ass'n, Inc. v. GH Vero Beach Dev., LLC, Bahadur (Fla. 4th DCA 2024). · cites it 2× “See § 720.302(2), Fla. Stat. (2020) (“[T]he Legislature recognizes that certain contract rights have been created for the benefit of homeowners’ associations and members thereof before the effective date of this act and that ss.”

Ronald Clement & Martine Jean Clement (Bankr. S.D. Florida 2022). “Florida Statues § 720.302(2). Florida case law repeatedly holds that "virtually no degree of contract impairment has been tolerated in this state.”

Show all 15 citing cases →

— 720.302(1) — 6 cases

MacKenzie v. Centex Homes Ex Rel. Centex Real Est. Corp., 208 So. 3d 790 (Fla. 5th DCA 2016). “” § 720.302(1), Fla. Stat. (2015). Centex argues that section 720.”

Klinow v. Island Court at Boca West Prop. Owners' Ass'n, 64 So. 3d 177 (Fla. 4th DCA 2011). “” § 720.302(1), Fla. Stat. (2010). The voting rights of Florida homeowners' associations are found under section 720.”

Rosenberg v. Metrowest Master Ass'n, 116 So. 3d 641 (Fla. 5th DCA 2013). “” § 720.302(1), Fla. Stat. (2009). Section 720.”

Vitalia at Tradition Residents' Ass'n, Inc. v. Vitalia at Tradition, LLC (Fla. 4th DCA 2024). “As we held in Valencia Reserve: “If [a homeowners association] declaration’s terms contravene a governing statute, the term is deemed invalid.”

— 720.302(2) — 4 cases

Pudlit 2 Jt. Venture, LLP v. Westwood Gardens Homeowners Ass'n, 169 So. 3d 145 (Fla. 4th DCA 2015). “” § 720.302(2), Fla. Stat. (2013) (emphasis added).”

Rosenberg v. Metrowest Master Ass'n, 116 So. 3d 641 (Fla. 5th DCA 2013). “” § 720.302(1), Fla. Stat. (2009). Section 720.”

Grand Harbor Cmty. Ass'n, Inc. v. GH Vero Beach Dev., LLC, Bahadur (Fla. 4th DCA 2024). “See § 720.302(2), Fla. Stat. (2020) (“[T]he Legislature recognizes that certain contract rights have been created for the benefit of homeowners’ associations and members thereof before the effective date of this act and that ss.”

— 720.302(4) — 2 cases

Circle Villas Condo. v. Circle Prop. Owners, 957 So. 2d 1207 (Fla. 4th DCA 2007). “Section 720.302(4), Florida Statutes (2005), states: "This chapter does not apply to any association that is subject to regulation under chapter 718, chapter 719, or chapter 721; or to any nonmandatory association formed under chapter 723.”

Eastwood Shores Prop. Owners Ass'n, Inc. v. Florida Dep't of Econ. Opportunity, 264 So. 3d 264 (Fla. 2d DCA 2019). “nt affirm the denial of the Association's proposal to revive its declaration of covenants and restrictions, finding that the Association did not dispute that it is governed by chapter 718, Florida Statutes (2016), Florida's Condominium Act; that chapter 720, Florida Statutes…”

— 720.302(5) — 1 case

Peter Mineo & Diane Mineo v. Minh Binh Do & Mindy Hang Nguyen (Fla. 4th DCA 2026).

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