CopyCited 16 times | Published | United States Bankruptcy Court, M.D. Florida | 2000 Bankr. LEXIS 1600, 37 Bankr. Ct. Dec. (CRR) 43, 2000 WL 1911402
...Homeowners' associations exist pursuant to the Florida Not-for-Profit Corporation Act, Chapter 617, Fla. Stat. The form of property ownership to which homeowners' associations relate, however, is based primarily on the common law of real property, subject to some regulation found specifically in § 720.301-312, Fla....
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 15898, 2010 WL 2990019
...e statute that must provide the disclosures. The
district court conclusively found Princeton to be the “parcel owner” and stated that
Princeton’s relationship to the development was sufficient to meet the definition of
“developer” under § 720.301(6)....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 6638, 2006 WL 1154757
...Rao did not plead a cause of action under the statute, and we can find no reference to section
720.303(5) in the complaint. Even if Dr. Rao had sought such relief in his pleadings, he would not have stated a valid cause of action against Greenacre Properties. An "association" for purposes of this statute is defined in section
720.301(7) as "a Florida corporation responsible for the operation of a community......
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 8198, 2010 WL 2292198
...Chapter 720 defines a "Developer" as a person or entity that: (a) creates the community served by the association; or (b) succeeds to the rights and liabilities of the person or entity that created the community served by the association, provided that such is evidenced in writing. § 720.301(6), Fla....
CopyCited 2 times | Published | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 43775, 2005 WL 4828664
...o summary judgment disposition. FACTUAL BACKGROUND The following facts are undisputed. [2] The Association is a non-profit corporation organized under the laws of the State of Florida and governed by Florida's Homeowner's Association Act, Fla. Stat. 720.301, et seq....
...n conveyed to the association: (a) Real property the use of which is dedicated to the association or its members by a recorded plat; or (b) Real property committed by a declaration of covenants to be leased or conveyed to the association. Fla. Stat. 720.301(2)....
...covenants running with the land which subjects the land comprising the community to the jurisdiction and control of an association or associations in which the owners of the parcels, or their association representatives, must be members. Fla. Stat. 720.301(4)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 10738, 2009 WL 2382315
...Lake Charleston consists of approximately 2,366 single-family homes. The Association operates and represents Lake Charleston, as well as twenty-seven other sub-associations in the Lake Charleston community. *183 The community is subject to and governed by its governing documents, which section 720.301(8), Florida Statutes (2006), defines as: (a) the recorded Declaration of Covenants (the Declaration), and (b) the Articles of Incorporation and Bylaws of the Association....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2013 WL 3357517, 2013 Fla. App. LEXIS 10755
...Rosenberg appeals from the final judgment awarding attorney’s fees to *643 MetroWest Master Association, Inc. (“the Master Association”). On appeal, Rosenberg argues that the trial court erred in finding he was a “member” of the Master Association within the meaning of sections
720.301(10) and
720.305(1), Florida Statutes (2009)....
...Section
720.305(1) provides a cause of action for a “member” of a homeowners’ association to redress the association’s failure or refusal to comply with the provisions of chapter 720. 1 That section further provides that the prevailing party in such litigation is entitled to recover attorney’s fees and costs. Id. Section
720.301(10) defines the term “member” to include “any person or entity obligated by the governing documents to pay an assessment or amenity fee.” On appeal, Rosenberg argues that he is not liable for the Master Association’s attorne...
...ociation. We disagree. Several provisions of the Deela *644 ration require “owners,” such as Rosenberg, to pay assessments to the Master Association. Thus, the trial court properly concluded that Rosenberg is a “member” within the meaning of section 720.301(10) because he is obligated by the Master Association’s governing documents to pay assessments....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 18789
...original obligation to fund reserves in place—avoids a conflict with section
720.303(6) and
ensures that the purposes of the sections are met, given that section
720.303(6) was
specifically amended to provide for reserve accounts and avoid the need for special
5 See §
720.301(1), Fla....
...original obligation to fund reserves in place—avoids a conflict with section
720.303(6) and
ensures that the purposes of the sections are met, given that section
720.303(6) was
specifically amended to provide for reserve accounts and avoid the need for special
5 See §
720.301(1), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 1135619
...Based on the foregoing, the trial court erred in dismissing Condominium's complaint against Association. Reversed and Remanded for Further Proceedings. WARNER, POLEN and HAZOURI, JJ., concur. NOTES [1] "Department" refers to the Department of Business and Professional Regulation. § 720.301(5), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 3891, 2005 WL 662679
...Article II of the Articles of Incorporation of Indian Creek provides that “[t]his Corporation is incorporated as a corporation not for profit under the provisions of Chapter 617, Florida Statutes, as amended from time to time.” Chapter 617 has been superseded by Chapter 720 which provides the following definition at section 720.301(1): (1) “Assessment” or “amenity fee” means a sum or sums of money payable to the association, to the developer or other owner of common areas, or to recreational facilities and other properties serving the parcels by the owne...
CopyPublished | Florida 5th District Court of Appeal
...Appellees’ argument would be stronger. However, as all parties acknowledged in their
supplemental briefs, the record is extremely sparse on the issue of whether individual
members of the Eastwood Community Association have any ownership interest in the
community swimming pool.2 Section 720.301(2), Florida Statutes (2009), suggests that
Daisy may not have an ownership interest in the community pool:
“Common area” means all real property within a community
which is owned or leased by an assoc...
CopyPublished | District Court, S.D. Florida | 2014 WL 28723, 2014 U.S. Dist. LEXIS 488
...dualized charges which do not fall within the categories of common expenses or regular periodic or special assessments. Chapter 720 does not define “common expenses,” but it does define “assessments” to be synonymous with “amenity fees.” § 720.301(1), Fla....
...3d DCA 1977) (holding that subsequent amendments to the Florida Condominium Act became incorporated into a declaration of condominium that adopted the "the provisions of the Condominium Act as presently existing, or as it may be amended from time to time.... ”). . §
720.303, Fla. Stat.; see §
720.301(8), Fla....
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
...City of Tallahassee ,
418 So. 2d 1148 (Fla. 1st DCA 1982), rev. den. ,
427 So. 2d 737 (Fla. 1983) (statutes provide clearly defined and exclusive method by which annexation can be accomplished). 3 Section
171.0413 (1), Fla. Stat. 4 Id. 5 Section
171.0413 (2)(e), Fla. Stat. 6 Section
720.301 (2), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...Association chapter,] may use the procedures set forth in [sections]
720.403-720.407 to
revive covenants that have lapsed under the terms of [MRTA]." §
712.11. MRTA
defines a homeowners' association as (1) "a homeowners' association as defined in
[section]
720.301, or [(2)] an association of parcel owners which is authorized to enforce
use restrictions that are imposed on the parcels." §
712.01(4)....
...There is no dispute that
MRTA effectively terminated the declaration as to certain units within Eastwood Shores.
Whether MRTA also permits revival of the declaration is at issue. In that respect, the
Association does not contend that it is a homeowners' association as defined in section
720.301; only the latter definition of homeowners' association in section
712.01(4) is at
issue.5 Thus, in order for the Association to be eligible to seek revival of Eastwood
Shores' declaration of covenants and restrictions, the Associat...
...as "real property which is used for residential purposes that is subject to exclusive
ownership and which is subject to any covenant or restrictions of a homeowners'
5Had the Association argued that it meets the definition of a homeowners'
association as provided by section 720.301, reversal would still be required. Section
720.301(9) defines a "homeowners' association" or "association" as "a Florida
corporation responsible for the operation of a community ....
...Condominium, supra, the parking area itself is necessarily appurtenant to the unit, even
if regulated by the Association.").
-8-
720.405(1). Chapter 720 defines "parcel owner" as "the record owner of legal title to a
parcel." §
720.301(12)....
...1. By the governing documents to be a member of an
association that serves the community; and
2. To pay to the homeowners' association
assessments that, if not paid, may result in a lien.
§
720.301(11).
By the express language of sections
720.404 and
720.405, eligibility for
revival is not determined by the definition of association. The parcel owners are eligible
to seek revival of the declaration of covenants and restrictions. And a condominium unit
is a parcel under the definition of section
720.301(11): the condominium unit is capable
of conveyance separately from the whole of the condominium property in the same way
that a chapter 720 parcel is separately conveyed from the whole of the community,
compare §
718.103(13) (defining "condominium property"), with §
720.301(3) (defining
"community"); the unit owners must be members of the association, per the declaration
of covenants and restrictions, see §§
718.103(2), .111(1)(a); and the failure to pay
association assessments may result in a lien on th...
...ble result or a result clearly contrary to
11The parties refer to the portions of the condominium property not
included in the units as the "common area." "Common area" is a term used in chapter
720 for homeowner associations. See § 720.301(2)....
...See Exclusive Ownership, Black's Law Dictionary (6th ed.
1990); see also City of Miami v. Osborne,
55 So. 2d 120, 122 (Fla. 1951) ("A fee simple
12As the majority recognizes, section
712.01(4) also defines "homeowners'
association" as "a homeowners' association as defined in [section]
720.301." The
Association does not argue on appeal that it was a homeowners' association as defined
by section
720.301(9)....
CopyPublished | Florida 5th District Court of Appeal | 2017 Fla. App. LEXIS 568
...Under the original covenants and restrictions, Appellant was a voluntary homeowners’ association where some homeowners voluntarily contributed to the upkeep and maintenance of the community, while others did not. Because membership was voluntary, Appellant is not a statutory homeowners’ association. See § 720.301(7), Fla....
...ned as a result of the filing of such notice of claim. §
712.08, Fla. Stat. (2015) (emphasis added). Thus, section
712.08 prohibits false filings by any “person.” It is irrelevant that Appellant was not a homeowners’ association as defined in section
720.301 or a homeowners’ association entitled to enforce use restrictions....
CopyPublished | Florida 5th District Court of Appeal
...Under the original covenants and restrictions, Appellant
was a voluntary homeowners’ association where some homeowners voluntarily
contributed to the upkeep and maintenance of the community, while others did not.
Because membership was voluntary, Appellant is not a statutory homeowners’
association. See § 720.301(7), Fla....
...sustained as a result of the filing of such notice of claim.
§
712.08, Fla. Stat. (2015) (emphasis added).
Thus, section
712.08 prohibits false filings by any “person.” It is irrelevant that
Appellant was not a homeowners’ association as defined in section
720.301 or a
homeowners’ association entitled to enforce use restrictions....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 6636854, 2013 Fla. App. LEXIS 19954
...The Owner argues that the Declaration is ambiguous as to how assessments should be charged, and the Declaration should be construed against the Association as the drafter. Reading the Declaration in his favor and applying the definitions set forth in Section 720.301, Florida Statutes (2007), the Owner argues that the plats should be assessed according to the three lots identified in the re-plat....
...*888 An “assessment” is “a sum or sums of money payable to the association, ... by the owners of one or more parcels as authorized in the governing documents, which if not paid by the owner of a parcel, can result in a lien against the parcel.” § 720.301(1), Fla. Stat. (2007). A “parcel” subject to assessments is a platted or un-platted piece of real property within a community, “as described in the declaration,” and “capable of separate conveyance.” § 720.301(11), Fla....
...(2007). The statutes discussing assessments refer to the “governing documents” as controlling. The “governing documents” include the recorded declaration, the articles of incorporation, the bylaws, and all duly adopted and recorded amendments. § 720.301(8), Fla....
CopyPublished | Florida 4th District Court of Appeal
...er
turns over control of the HOA to the homeowners, the developer must pay
“any deficits that exceed the guaranteed amount, less the total regular
periodic assessments” received from other HOA members. Id.
An “assessment,” as defined by Section 720.301(1), Florida Statutes
(2018), is a “sum or sums of money payable to the association, to the
developer or other owner of common areas, or to recreational facilities and
other properties serving the parcels by the owners of one or more...
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 12100, 2004 WL 1837928
...the petition:. Appellant, Barrwood Homeowners Association (“Barrwood”), is.a not-for-profit corporation organized under Florida Statute Chapter . 617 and a homeowners’ association as defined by Florida Statute § 617.301(7)[now Florida Statute 720.301], Appellee, Frank J....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jan 25, 2024
...(“POA”) and that Florida law distinguishes between a “homeowners’ associa-
tion,” governed by Chapter 720 of the Florida Statutes, and a “property own-
ers’ association,” which falls under Chapter 712. Compare Fla. Stat.
§ 720.301(9) (defining an HOA as “a Florida corporation responsible for the
operation of a community or mobile home subdivision ....
