Chapter 720, The HOA statute
Florida Chapter 720 governs homeowner associations, typically single-family neighborhoods, townhome communities, and master associations. It covers governing-document hierarchy (CC&Rs above bylaws above rules), board powers and duties, meeting and notice requirements, financial reporting thresholds, and homeowner rights including the right to inspect records.
Recent legislative sessions added significant requirements around board member certification (required within 90 days of election or by completing an approved course), reserve disclosure, and homeowner communication. The statute changes nearly every year.
Chapter 718, The condo statute
Chapter 718 governs condominium associations. It runs parallel to Ch. 720 in many respects but diverges sharply on structural requirements after Senate Bill 4D. Buildings 3+ stories face mandatory milestone inspections and Structural Integrity Reserve Studies (SIRS) under timelines tied to building age.
Ch. 718 also has different conventions on common elements vs limited common elements, master insurance, and reserve funding, boards generally cannot waive SIRS-component reserves the way they sometimes can for traditional reserves.
Where HOAs and condos diverge
- Reserve studies, Ch. 718 mandates SIRS for 3+ story buildings; Ch. 720 does not
- Milestone inspections, Ch. 718 requires them; Ch. 720 does not
- Governing documents, HOAs are declared under CC&Rs; condos under a Declaration of Condominium
- Common elements, Different conventions on what's association vs unit responsibility
- Voting weight, Frequently equal in HOAs; often by unit type or percentage in condos
- Insurance, Ch. 718 requires specific master policy coverages; Ch. 720 is more flexible
Board member certification
Both statutes now require new board members to complete certification within 90 days of election, either by signing an affidavit confirming they've read the governing documents and statutes, or by completing a state-approved course. The course route is generally safer. Failure to certify creates personal liability exposure and can be raised by homeowners challenging board actions.
How boards stay current
Florida legislative sessions reshape community association statute every year. Boards that rely on memory of how things were two years ago tend to fall behind. Edison's management team tracks legislative changes the day they pass, surfaces what's relevant per community type, and updates board operations accordingly. Boards aren't expected to be lawyers, but they are expected to govern under current law.