Florida Statute 720.302 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 720
HOMEOWNERS' ASSOCIATIONS

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F.S. 720.302

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.

F.S. 720.302 on Google Scholar

F.S. 720.302 on Casetext

Amendments to 720.302

Arrestable Offenses / Crimes under Fla. Stat. 720.302

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 720.302.

Annotations, Discussions, Cases:

Cases Citing Statute 720.302

Total Results: 11

Vitalia at Tradition Residents' Association, Inc. v. Vitalia at Tradition, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-13T00:00:00-08:00

Snippet: Fla. 5th DCA 2016). As background, section 720.302(1), Florida Statutes (2019), makes clear that one…such associations to perform their functions.” § 720.302(1), Fla. Stat. (2019). These governance procedures

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-02T00:00:00-07:00

Snippet: established, and the Declaration was recorded. See § 720.302(2), Fla. Stat. (2020) (“[T]he Legislature recognizes

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-28T00:53:00-07:00

Snippet: such associations to perform their functions.” § 720.302(1), Fla. Stat. (2018). To this end, Section 720.309

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-24T23:53:00-08:00

Snippet: the Association through application of section 720.302;2 that the Association "does not fall within…covenants and restrictions 2Section 720.302(4) provides, in pertinent part: "This chapter…it is governed by chapter 718 or that section 720.302(4) unambiguously states that chapter 720 applies

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-22T00:00:00-08:00

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

Snippet: such associations to perform their functions.” § 720.302(1), Fla. Stat. (2015). Centex argues that section

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-27T00:00:00-07:00

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

Snippet: intended to impair such contract rights.” § 720.302(2), Fla. Stat. (2013) (emphasis added). Significantly…effective date” of the statute. See § 720.302(2), Fla. Stat. (2013). Similar to the federal

Cricket Properties, LLC v. Nassau Pointe at Heritage Isles Homeowners Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-20T00:00:00-07:00

Citation: 124 So. 3d 302, 2013 WL 5288863, 2013 Fla. App. LEXIS 14968

Snippet: the operation of homeowners associations. See § 720.302(1). Section 720.312, which was enacted in 1995,

Rosenberg v. Metrowest Master Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-05T00:00:00-07:00

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

Snippet: such associations to perform their functions.” § 720.302(1), Fla. Stat. (2009). Section 720.305(1) provides…definition of “member.” Rosenberg relies on section 720.302(2), which provides that the provisions of chapter

Klinow v. Island Court at Boca West Property Owners' Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-29T00:00:00-07:00

Citation: 64 So. 3d 177, 2011 Fla. App. LEXIS 10185, 2011 WL 2555408

Snippet: associations to perform their functions." § 720.302(1), Fla. Stat. (2010). The voting rights of Florida

Circle Villas Condo. v. Circle Prop. Owners

Court: Fla. Dist. Ct. App. | Date Filed: 2007-04-18T00:53:00-07:00

Citation: 957 So. 2d 1207

Snippet: argues, this argument is without merit. Section 720.302(4), Florida Statutes (2005), states: "This

Ago

Court: Fla. Att'y Gen. | Date Filed: 2001-01-11T23:53:00-08:00

Snippet: 1161. 9 Section 720.302(1), Fla. Stat. 10 Section 720.302(2), Fla. Stat. And see, s. 720.302(3), Fla. Stat…720, Florida Statutes, is expressed in section 720.302, as a desire "to give statutory recognition…association formed under chapter 723." Section 720.302(4), Fla. Stat. 11 See, Art. I, s. 10, Fla. Const