|
|
The 2025 Florida Statutes
|
|
|
|
|
F.S. 720.302720.302 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.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 720.302
Total Results: 14
64 So. 3d 177, 2011 Fla. App. LEXIS 10185, 2011 WL 2555408
District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 2365958
Cited 7 times | Published
such associations to perform their functions." § 720.302(1), Fla. Stat. (2010). The voting rights of Florida
124 So. 3d 302, 2013 WL 5288863, 2013 Fla. App. LEXIS 14968
District Court of Appeal of Florida | Filed: Sep 20, 2013 | Docket: 60235443
Cited 4 times | Published
the operation of homeowners associations. See § 720.302(1). Section 720.312, which was enacted in 1995
169 So. 3d 145, 2015 Fla. App. LEXIS 8020, 2015 WL 3388254
District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 2679302
Cited 2 times | Published
intended to impair such contract rights.”
§ 720.302(2), Fla. Stat. (2013) (emphasis added).
Significantly
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
the county where the property is located." Fla. Stat.720.302. A buyer purchases a home within such a community
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
such associations to perform their functions.” § 720.302(1), Fla. Stat. (2015). Centex argues that section
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
such associations to perform their functions.” § 720.302(1), Fla. Stat. (2009). Section 720.305(1) provides
957 So. 2d 1207, 2007 WL 1135619
District Court of Appeal of Florida | Filed: Apr 18, 2007 | Docket: 1678956
Cited 1 times | Published
correctly argues, this argument is without merit. Section 720.302(4), Florida Statutes (2005), states: "This
Court of Appeals for the Eleventh Circuit | Filed: Jan 13, 2025 | Docket: 69538786
Published
not-
for-profit corporations. Fla. Stat. § 720.302. But that status does not
preclude them
Court of Appeals for the Eleventh Circuit | Filed: Jan 13, 2025 | Docket: 69538786
Published
not-
for-profit corporations. Fla. Stat. § 720.302. But that status does not
preclude them
District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369925
Published
793 (Fla. 5th DCA 2016).
As background, section 720.302(1), Florida Statutes (2019), makes
clear that
District Court of Appeal of Florida | Filed: Oct 2, 2024 | Docket: 69217908
Published
established, and the Declaration was recorded. See §
720.302(2), Fla. Stat. (2020) (“[T]he Legislature recognizes
District Court of Appeal of Florida | Filed: Aug 28, 2019 | Docket: 16121867
Published
such associations to perform their functions.” § 720.302(1), Fla.
Stat. (2018). To this end, Section 720
264 So. 3d 264
District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 14516111
Published
to the Association through application of section 720.302;2 that the Association
"does not fall
Florida Attorney General Reports | Filed: Jan 12, 2001 | Docket: 3258337
Published
Chapter 720, Florida Statutes, is expressed in section 720.302, as a desire
"to give statutory recognition
