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The 2025 Florida Statutes
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F.S. 720.305720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.—(1) Each member and the member’s tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association. Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member against:(a) The association; (b) A member; (c) Any director or officer of an association who willfully and knowingly fails to comply with these provisions; and (d) Any tenants, guests, or invitees occupying a parcel or using the common areas. The prevailing party in any such litigation is entitled to recover reasonable attorney fees and costs. A member prevailing in an action between the association and the member under this section, in addition to recovering his or her reasonable attorney fees, may recover additional amounts as determined by the court to be necessary to reimburse the member for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. This section does not deprive any person of any other available right or remedy. (2) An association may levy reasonable fines for violations of the declaration, association bylaws, or reasonable rules of the association. A fine may not exceed $100 per violation against any member or any member’s tenant, guest, or invitee for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association unless otherwise provided in the governing documents. A fine may be levied by the board for each day of a continuing violation, with a single notice and opportunity for hearing, except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to reasonable attorney fees and costs from the nonprevailing party as determined by the court.(a) An association may suspend, for a reasonable period of time, the right of a member, or a member’s tenant, guest, or invitee, to use common areas and facilities for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. This paragraph does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park. (b) A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days’ written notice of the parcel owner’s right to a hearing to the parcel owner at his or her designated mailing or e-mail address in the association’s official records and, if applicable, to any occupant, licensee, or invitee of the parcel owner, sought to be fined or suspended. Such hearing must be held within 90 days after issuance of the notice before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. The committee may hold the hearing by telephone or other electronic means. The notice must include a description of the alleged violation; the specific action required to cure such violation, if applicable; and the hearing date, location, and access information if held by telephone or other electronic means. A parcel owner has the right to attend a hearing by telephone or other electronic means. (c) If the committee, by majority vote, does not approve a proposed fine or suspension, the proposed fine or suspension may not be imposed. The role of the committee is limited to determining whether to confirm or reject the fine or suspension levied by the board. (d) Within 7 days after the hearing, the committee shall provide written notice to the parcel owner at his or her designated mailing or e-mail address in the association’s official records and, if applicable, any occupant, licensee, or invitee of the parcel owner, of the committee’s findings related to the violation, including any applicable fines or suspensions that the committee approved or rejected, and how the parcel owner or any occupant, licensee, or invitee of the parcel owner may cure the violation, if applicable, or fulfill a suspension, or the date by which a fine must be paid. (e) If a violation has been cured before the hearing or in the manner specified in the written notice required in paragraph (b) or paragraph (d), a fine or suspension may not be imposed. (f) If a violation is not cured and the proposed fine or suspension levied by the board is approved by the committee by a majority vote, the committee must set a date by which the fine must be paid, which date must be at least 30 days after delivery of the written notice required in paragraph (d). Attorney fees and costs may not be awarded against the parcel owner based on actions taken by the board before the date set for the fine to be paid. (g) If a violation and the proposed fine or suspension levied by the board is approved by the committee and the violation is not cured or the fine is not paid per the written notice required in paragraph (d), reasonable attorney fees and costs may be awarded to the association. Attorney fees and costs may not begin to accrue until after the date noticed for payment under paragraph (d) and the time for an appeal has expired. (3) If a member is more than 90 days delinquent in paying any fee, fine, or other monetary obligation due to the association, the association may suspend the rights of the member, or the member’s tenant, guest, or invitee, to use common areas and facilities until the fee, fine, or other monetary obligation is paid in full. This subsection does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection. (4) An association may suspend the voting rights of a parcel or member for the nonpayment of any fee, fine, or other monetary obligation due to the association that is more than 90 days delinquent. A voting interest or consent right allocated to a parcel or member which has been suspended by the association shall be subtracted from the total number of voting interests in the association, which shall be reduced by the number of suspended voting interests when calculating the total percentage or number of all voting interests available to take or approve any action, and the suspended voting interests shall not be considered for any purpose, including, but not limited to, the percentage or number of voting interests necessary to constitute a quorum, the percentage or number of voting interests required to conduct an election, or the percentage or number of voting interests required to approve an action under this chapter or pursuant to the governing documents. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection. The suspension ends upon full payment of all obligations currently due or overdue to the association. (5) All suspensions imposed under subsection (3) or subsection (4) must be approved at a properly noticed board meeting. Upon approval, the board must send written notice to the parcel owner and, if applicable, the parcel’s occupant, licensee, or invitee by mail or hand delivery to the parcel owner’s designated mailing or e-mail address in the association’s official records. (6) The suspensions permitted by paragraph (2)(a) and subsections (3) and (4) apply to a member and, when appropriate, the member’s tenants, guests, or invitees, even if the delinquency or failure that resulted in the suspension arose from less than all of the multiple parcels owned by a member. (7) Notwithstanding any provision to the contrary in an association’s governing documents, an association may not levy a fine or impose a suspension for any of the following:(a) Leaving garbage receptacles at the curb or end of the driveway within 24 hours before or after the designated garbage collection day or time. (b) Leaving holiday decorations or lights on a structure or other improvement on a parcel longer than indicated in the governing documents, unless such decorations or lights are left up for longer than 1 week after the association provides written notice of the violation to the parcel owner. History.—s. 37, ch. 92-49; s. 55, ch. 95-274; s. 2, ch. 97-311; s. 51, ch. 2000-258; s. 20, ch. 2004-345; s. 17, ch. 2004-353; s. 12, ch. 2007-173; s. 8, ch. 2008-202; s. 24, ch. 2010-174; s. 18, ch. 2011-196; s. 16, ch. 2013-188; s. 17, ch. 2015-97; s. 14, ch. 2018-96; s. 21, ch. 2021-99; s. 4, ch. 2023-228; s. 58, ch. 2024-2; s. 7, ch. 2024-221. Note.—Former s. 617.305.
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Annotations, Discussions, Cases:
Cases Citing Statute 720.305
Total Results: 35
891 So. 2d 1063, 2004 WL 2633598
District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 691854
Cited 19 times | Published
entitled to recover attorney's fees under section 720.305, Florida Statutes (2002). Valley Oak became
845 So. 2d 344, 2003 Fla. App. LEXIS 7537, 2003 WL 21202872
District Court of Appeal of Florida | Filed: May 23, 2003 | Docket: 1432550
Cited 19 times | Published
covenants and restrictions and pursuant to section 720.305, Florida Statutes (2001). In his answer to
841 F.3d 1197, 2016 U.S. App. LEXIS 20580, 2016 WL 6803034
Court of Appeals for the Eleventh Circuit | Filed: Nov 17, 2016 | Docket: 4539907
Cited 16 times | Published
permitted un
*1199
der Florida Statute § 720.305(1),
1
if she prevailed in the lawsuit
943 So. 2d 316, 2006 WL 3613693
District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 202779
Cited 16 times | Published
the Asads moved for attorney's fees under section 720.305(1), Florida Statutes (2004), which provides
933 So. 2d 19, 2006 Fla. App. LEXIS 6638, 2006 WL 1154757
District Court of Appeal of Florida | Filed: May 3, 2006 | Docket: 1712079
Cited 9 times | Published
thus entitled to attorneys' fees pursuant to section 720.305(1). The trial judge limited the award of attorneys'
114 So. 3d 299, 2013 WL 1890627, 2013 Fla. App. LEXIS 7363
District Court of Appeal of Florida | Filed: May 8, 2013 | Docket: 60231843
Cited 6 times | Published
declaration cited in the complaint.
Moreover, section 720.305(l)(b), Florida Statutes, provides that “[ajctions
841 F.3d 944, 2016 U.S. App. LEXIS 20233, 2016 WL 6610212
Court of Appeals for the Eleventh Circuit | Filed: Nov 9, 2016 | Docket: 4487079
Cited 5 times | Published
continuing violation.
See
Fla. Stat. § 720.305(2).- -The homeowners refused to pay the fine,
219 So. 3d 858, 2017 WL 2264635, 2017 Fla. App. LEXIS 7534
District Court of Appeal of Florida | Filed: May 24, 2017 | Docket: 60266951
Cited 3 times | Published
Association , (“HOA”) was obligated under section 720.305(2)(b), Florida Statutes (2013), to provide
273 So. 3d 1157
District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 15738236
Cited 1 times | Published
governing documents of the Association
and to section 720.305(1), Florida Statutes (2017), she was entitled
271 So. 3d 159
District Court of Appeal of Florida | Filed: May 2, 2019 | Docket: 15042047
Cited 1 times | Published
covenants
governing their homeowners’ association. § 720.305(1)(b), Fla.
Stat. The statute does not set forth
271 So. 3d 159
District Court of Appeal of Florida | Filed: May 2, 2019 | Docket: 15042047
Cited 1 times | Published
covenants
governing their homeowners’ association. § 720.305(1)(b), Fla.
Stat. The statute does not set forth
257 So. 3d 582
District Court of Appeal of Florida | Filed: Oct 15, 2018 | Docket: 8030104
Cited 1 times | Published
attorney’s fees and costs to the developer
under section 720.305(1), Florida Statutes (2013), and in this
appeal
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
So.2d 1098, 1101 (Fla. 2d DCA 1993)).
Section 720.305, Florida Statutes (2015), provides any member
205 So. 3d 869, 2016 Fla. App. LEXIS 17883
District Court of Appeal of Florida | Filed: Dec 2, 2016 | Docket: 4550612
Cited 1 times | Published
that permitted such an award and. pursuant to section 720.305(1), Florida Statutes (2011), which provides
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
prevailing-party attorney’s fees pursuant to section 720.305(1), Florida Statutes.
Rosenberg contested the
8 So. 3d 381, 2009 Fla. App. LEXIS 1720
District Court of Appeal of Florida | Filed: Mar 3, 2009 | Docket: 60305471
Cited 1 times | Published
prevailing party but denied their motion. Section 720.305(1), Florida Statutes (2007), and Article XI
District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71209493
Published
§ 702 [sic], et seq., § 720.3085, and
§ 720.305, Appellees are entitled to recover attorney’s
District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71209490
Published
is no showing of irreparable
injury”).
Section 720.305(1) Allows for Equitable Relief Even Where a
District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998656
Published
720 and the Law Regarding Injunctions
“Section 720.305(1) authorizes ‘[a]ctions at law or in equity
District Court of Appeal of Florida | Filed: Jun 7, 2024 | Docket: 68530224
Published
720.303(5)
and attorney’s fees pursuant to section 720.305, Florida Statutes
(2019).
This issue
District Court of Appeal of Florida | Filed: Sep 15, 2023 | Docket: 67400025
Published
a hearing prior to assessing these fines. See §
720.305(2)(b), Fla. Stat. (2021) ("A fine or suspension
District Court of Appeal of Florida | Filed: Jul 27, 2022 | Docket: 64435980
Published
that an association should not bar
access, section 720.305(2)(a), Florida Statutes (2021), provides that
District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60677206
Published
for prevailing party attorney’s fees under section 720.305,
Florida Statutes, and the fee provision in
246 So. 3d 428
District Court of Appeal of Florida | Filed: May 9, 2018 | Docket: 6521876
Published
for attorney’s fees and costs pursuant to
section 720.305(1), Florida Statutes (2008). Following a hearing
Court of Appeals for the Eleventh Circuit | Filed: Nov 17, 2016 | Docket: 4541091
Published
and costs, as permitted under Florida Statute
§ 720.305(1),1 if she prevailed in the lawsuit.
200 So. 3d 193, 2016 WL 3654180, 2016 Fla. App. LEXIS 10460
District Court of Appeal of Florida | Filed: Jul 8, 2016 | Docket: 4111061
Published
Appellees as the prevailing parties based on section 720.305(1), Florida Statutes (2013), and Article XI
193 So. 3d 977, 2016 WL 2745007, 2016 Fla. App. LEXIS 7201
District Court of Appeal of Florida | Filed: May 11, 2016 | Docket: 3071438
Published
prevailing party attorney’s fees pursuant to section 720.305, Florida Statutes. This appeal follows.
182 So. 3d 686, 2015 Fla. App. LEXIS 18504, 2015 WL 8519425
District Court of Appeal of Florida | Filed: Dec 11, 2015 | Docket: 3020395
Published
Association requested fees pursuant to (1) section 720.305(1), Florida
1
Statutes (2013)
151 F. Supp. 3d 1282, 2015 U.S. Dist. LEXIS 172456, 2015 WL 9434387
District Court, M.D. Florida | Filed: Oct 22, 2015 | Docket: 64305961
Published
bylaws. Cul-breath sued these parties under section 720.305, Florida Statutes, which contains a “prevailing
119 F. Supp. 3d 1361, 2015 U.S. Dist. LEXIS 101852, 2015 WL 4638602
District Court, S.D. Florida | Filed: Aug 4, 2015 | Docket: 64303286
Published
interpretations of ■such. See, e.g., Fla. Stat. § 720.305 (“Obligations of members; l'emedies at law or
982 F. Supp. 2d 1298, 2013 WL 6038044, 2013 U.S. Dist. LEXIS 163464
District Court, M.D. Florida | Filed: Nov 5, 2013 | Docket: 65995472
Published
bylaws. Culbreath sued these parties under section 720.305, Florida Statutes, which contains a “prevailing
52 So. 3d 808, 2011 Fla. App. LEXIS 11, 2011 WL 13701
District Court of Appeal of Florida | Filed: Jan 5, 2011 | Docket: 2406855
Published
"[1] did not *809 meet the requirements of section 720.305(2), Florida Statutes (2007), regulating the
990 So. 2d 9, 2008 Fla. App. LEXIS 11429, 2008 WL 2852872
District Court of Appeal of Florida | Filed: Jul 25, 2008 | Docket: 64855681
Published
declaration of covenants and restrictions and section 720.305, Florida Statutes (2001). In the final judgment
843 So. 2d 1016, 2003 Fla. App. LEXIS 6251, 2003 WL 2002507
District Court of Appeal of Florida | Filed: May 2, 2003 | Docket: 64822550
Published
been included in the record.
. Renumbered as § 720.305 by Laws 2000, c.2000-258, § 51, eff. July 1, 2000
Florida Attorney General Reports | Filed: Jan 12, 2001 | Docket: 3258337
Published
Fla. Stat.
13 Section 720.304, Fla. Stat.
14 Section 720.305, Fla. Stat.
15 Section 720.306, Fla. Stat.
