The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 720
HOMEOWNERS' ASSOCIATIONS

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F.S. 720.301

720.301 Definitions.—As used in this chapter, the term:

(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 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.

(2) “Common area” means all real property within a community which is owned or leased by an association or dedicated for use or maintenance by the association or its members, including, regardless of whether title has been 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.

(3) “Community” means the real property that is or will be subject to a declaration of covenants which is recorded in the county where the property is located. The term “community” includes all real property, including undeveloped phases, that is or was the subject of a development-of-regional-impact development order, together with any approved modification thereto.

(4) “Declaration of covenants,” or “declaration,” means a recorded written instrument or instruments in the nature of covenants running with the land which subject 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.

(5) “Department” means the Department of Business and Professional Regulation.

(6) “Developer” means 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.

(7) “Division” means the Division of Florida Condominiums, Timeshares, and Mobile Homes in the Department of Business and Professional Regulation.

(8) “Governing documents” means:

(a) The recorded declaration of covenants for a community and all duly adopted and recorded amendments, supplements, and recorded exhibits thereto; and

(b) The articles of incorporation and bylaws of the homeowners’ association and any duly adopted amendments thereto.

(9) “Homeowners’ association” or “association” means a Florida corporation responsible for the operation of a community or a mobile home subdivision in which the voting membership is made up of parcel owners or their agents, or a combination thereof, and in which membership is a mandatory condition of parcel ownership, and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel. The term “homeowners’ association” does not include a community development district or other similar special taxing district created pursuant to statute.

(10) “Member” means a member of an association, and may include, but is not limited to, a parcel owner or an association representing parcel owners or a combination thereof, and includes any person or entity obligated by the governing documents to pay an assessment or amenity fee.

(11) “Parcel” means a platted or unplatted lot, tract, unit, or other subdivision of real property within a community, as described in the declaration:

(a) Which is capable of separate conveyance; and

(b) Of which the parcel owner, or an association in which the parcel owner must be a member, is obligated:

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.

(12) “Parcel owner” means the record owner of legal title to a parcel.

(13) “Voting interest” means the voting rights distributed to the members of the homeowners’ association, pursuant to the governing documents.

History.—s. 33, ch. 92-49; s. 52, ch. 95-274; s. 4, ch. 99-382; s. 44, ch. 2000-258; s. 16, ch. 2004-345; s. 13, ch. 2004-353; s. 62, ch. 2008-240; s. 16, ch. 2011-196; s. 15, ch. 2015-97; s. 19, ch. 2021-99.

Note.—Former s. 617.301.

F.S. 720.301 on Google Scholar

F.S. 720.301 on Casetext

Amendments to 720.301

Arrestable Offenses / Crimes under Fla. Stat. 720.301

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 720.301.

Annotations, Discussions, Cases:

Cases from cite.case.law:

GUNDEL N. v. AV HOMES, INC., 264 So. 3d 304 (Fla. App. Ct. 2019)

. . . against AV Homes and Avatar Properties alleging violations of Florida's Homeowners' Association Act, §§ 720.301 . . .

EASTWOOD SHORES PROPERTY OWNERS ASSOCIATION, INC. v. DEPARTMENT OF ECONOMIC OPPORTUNITY,, 264 So. 3d 264 (Fla. App. Ct. 2019)

. . . MRTA defines a homeowners' association as (1) "a homeowners' association as defined in [section] 720.301 . . . respect, the Association does not contend that it is a homeowners' association as defined in section 720.301 . . . Chapter 720 defines "parcel owner" as "the record owner of legal title to a parcel." § 720.301(12). . . . To pay to the homeowners' association assessments that, if not paid, may result in a lien. § 720.301( . . . And a condominium unit is a parcel under the definition of section 720.301(11): the condominium unit . . . See § 720.301(2). . . . 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 . . .

SAND LAKE HILLS HOMEOWNERS ASSOCIATION, INC. v. C. BUSCH, D. F., 210 So. 3d 706 (Fla. Dist. Ct. App. 2017)

. . . See § 720.301(7), Fla. . . . It is irrelevant that Appellant was not a homeowners’ association as defined in section 720.301 or a . . .

R. MACKENZIE v. CENTEX HOMES, By, 208 So. 3d 790 (Fla. Dist. Ct. App. 2016)

. . . See § 720.301(1), Fla. . . .

PUDLIT JOINT VENTURE, LLP, a v. WESTWOOD GARDENS HOMEOWNERS ASSOCIATION, INC. a, 169 So. 3d 145 (Fla. Dist. Ct. App. 2015)

. . . of homeowners’ associations and members thereof before the effective date of this act and that ss. 720.301 . . .

SOUTHERN OWNERS INSURANCE COMPANY, v. COOPERATIVA DE SEGUROS MULTIPLES,, 143 So. 3d 439 (Fla. Dist. Ct. App. 2014)

. . . Section 720.301(2), Florida Statutes (2009), suggests that Daisy may not have an ownership interest in . . .

UNITED STATES v. FOREST HILL GARDENS EAST CONDOMINIUM ASSOCIATION, INC., 990 F. Supp. 2d 1344 (S.D. Fla. 2014)

. . . .” § 720.301(1), Fla. Stat. . . . Stat.; see § 720.301(8), Fla. Stat. (defining "governing documents"). . §§ 718.116(1) Fla. . . .

F. STRAUB, v. MUIR- VILLAS HOMEOWNERS ASSOCIATION, INC., 128 So. 3d 885 (Fla. Dist. Ct. App. 2013)

. . . Reading the Declaration in his favor and applying the definitions set forth in Section 720.301, Florida . . . documents, which if not paid by the owner of a parcel, can result in a lien against the parcel.” § 720.301 . . . property within a community, “as described in the declaration,” and “capable of separate conveyance.” § 720.301 . . . declaration, the articles of incorporation, the bylaws, and all duly adopted and recorded amendments. § 720.301 . . .

J. ROSENBERG, v. METROWEST MASTER ASS N, INC., 116 So. 3d 641 (Fla. Dist. Ct. App. 2013)

. . . trial court erred in finding he was a “member” of the Master Association within the meaning of sections 720.301 . . . Section 720.301(10) defines the term “member” to include “any person or entity obligated by the governing . . . Thus, the trial court properly concluded that Rosenberg is a “member” within the meaning of section 720.301 . . .

J. ROGERS, v. UNITED STATES,, 109 Fed. Cl. 280 (Fed. Cl. 2013)

. . . See § 720.301 (West 2011); Strathmore Gate-East at Lake St. George Homeowners’ Ass’n v. . . . Ann. § 720.301(2) (emphasis added). . . .

B. CLARK, v. BLUEWATER KEY RV OWNERSHIP PARK,, 197 So. 3d 59 (Fla. Dist. Ct. App. 2012)

. . . The terms of Section 720.301 do not include this type of development, in that the function of the PARK . . .

PRINCETON HOMES, INC. a v. A. VIRONE,, 612 F.3d 1324 (11th Cir. 2010)

. . . Princeton’s relationship to the development was sufficient to meet the definition of “developer” under § 720.301 . . .

PRINCETON HOMES, INC. v. M. MORGAN,, 38 So. 3d 207 (Fla. Dist. Ct. App. 2010)

. . . . § 720.301(6), Fla. Stat. . . .

LAKE CHARLESTON MAINTENANCE ASSOCIATION, INC. v. E. FARRELL,, 16 So. 3d 182 (Fla. Dist. Ct. App. 2009)

. . . The community is subject to and governed by its governing documents, which section 720.301(8), Florida . . .

CITY OF JACKSONVILLE, v. COFFIELD LLC,, 18 So. 3d 589 (Fla. Dist. Ct. App. 2009)

. . . provided, inter alia, the homeowners’ association is a " 'homeowners' association’ as defined in s. 720.301 . . .

CIRCLE VILLAS CONDOMINIUM ASSOCIATION, INC. a v. CIRCLE PROPERTY OWNERS ASSOCIATION, INC., 957 So. 2d 1207 (Fla. Dist. Ct. App. 2007)

. . . . § 720.301(5), Fla. Stat. (2005). . . .

GREENACRE PROPERTIES, INC. v. K. RAO,, 933 So. 2d 19 (Fla. Dist. Ct. App. 2006)

. . . An “association” for purposes of this statute is defined in section 720.301(7) as “a Florida corporation . . .

SAVANNA CLUB WORSHIP SERVICE, INC. v. SAVANNA CLUB HOMEOWNERS ASSOCIATION, INC., 456 F. Supp. 2d 1223 (S.D. Fla. 2005)

. . . Stat. 720.301, et seq. Its membership consists of individual Savanna homeowners. . . . Stat. 720.301(2). . . . Stat. 720.301(4). . . . .

ANDRES v. INDIAN CREEK PHASE III- B HOMEOWNER S ASSOCIATION,, 901 So. 2d 182 (Fla. Dist. Ct. App. 2005)

. . . Chapter 617 has been superseded by Chapter 720 which provides the following definition at section 720.301 . . .

J. GERECITANO, v. BARRWOOD HOMEOWNERS ASSOCIATION, INC. a, 882 So. 2d 424 (Fla. Dist. Ct. App. 2004)

. . . . 617 and a homeowners’ association as defined by Florida Statute § 617.301(7)[now Florida Statute 720.301 . . .

In ASSICURAZIONI GENERALI S. P. A. HOLOCAUST INSURANCE LITIGATION, 228 F. Supp. 2d 348 (S.D.N.Y. 2002)

. . . In Mandil: Mandil Policy 720.301 ("Claims ... shall be filed with a proper court of law in Zagreb.”); . . .

In RIVERA,, 256 B.R. 828 (Bankr. M.D. Fla. 2000)

. . . based primarily on the common law of real property, subject to some regulation found specifically in § 720.301 . . .

W. BLUE, v. WIDNALL,, 162 F.3d 541 (9th Cir. 1998)

. . . Sections 302.201, 302.202, 302.304 and 720.301 etseq.” . . . Sections 302.201, 302.202, 302.304 and 720.301 et seq.” . . .

W. BLUE, v. WIDNALL,, 152 F.3d 1149 (9th Cir. 1998)

. . . Sections 302.201, 302.202, 302.304 and 720.301 etseq Blue Alleged in Count III that "his Section 3309 . . .

J. PHILLIPS, v. MERCHANTS INSURANCE GROUP,, 990 F. Supp. 99 (N.D.N.Y. 1998)

. . . . §§ 720.301-720.306. As the Third Circuit recently stated in Antol v. . . .

C. ANTOL, v. J. PERRY,, 82 F.3d 1291 (3d Cir. 1996)

. . . . §§ 720.301-720.306. . . .