Florida statute reference · F.S. § 720.301
§ 720.301 - Definitions
Before any other provision of Chapter 720 makes sense, you need to understand the definitions in § 720.301. These terms — homeowners association, parcel, common areas, governing documents, official records — are used throughout the statute and govern how courts and regulators interpret Florida HOA law.
Reviewed by the Common Elements editorial team, which includes a Florida-licensed community association manager (LCAM) and insurance broker - Florida Licensed Community Association Manager, 2-20 & 6-20.
Key statutory definitions
Homeowners association
§ 720.301(9)A Florida corporation responsible for the operation of a community or mobile home subdivision. Voting membership made up of parcel owners or their agents. Must be obligated to maintain, manage, or operate common areas. Chapter 720 applies only to HOAs meeting this definition.
Parcel
§ 720.301(11)The real property subject to the HOA's governing documents. Typically a residential lot or home site held in fee simple by an individual owner. The parcel concept distinguishes HOAs (fee-simple lot ownership) from condominiums (unit interest in a shared structure).
Common areas
§ 720.301(4)Real property owned or leased by the HOA for the use and benefit of all members. Includes streets, entrance features, pools, tennis courts, playgrounds, retention ponds, and other shared amenities. The HOA is responsible for maintenance; all parcel owners share the cost.
Governing documents
§ 720.301(8)The recorded declaration of covenants, the HOA articles of incorporation, the HOA bylaws, and all rules and regulations adopted by the board. These four documents together constitute the body of law governing the community. Where they conflict with mandatory Chapter 720 provisions, the statute controls.
Official records
§ 720.301(13)Documents the HOA must maintain and make available to members for inspection. Includes governing documents, meeting minutes, financial records, contracts, bid documents, insurance policies, and the membership roster. Members entitled to inspection within 10 business days of written request.
Assessment
§ 720.301(1)A sum due from a parcel owner to the HOA. Assessments may be regular (annual or periodic) or special (for a specific capital improvement or unexpected expense). Delinquent assessments accrue interest as provided in the governing documents and may subject the parcel to an HOA lien under § 720.3085.
Why these definitions matter in practice
Statutory definitions determine who is covered and what rights apply. An HOA that does not meet the § 720.301(9) definition — because it lacks a corporate structure, lacks a duty to maintain common areas, or was not formed as a Florida corporation — may not have the statutory lien rights, enforcement powers, or member obligations that Chapter 720 provides. Before invoking Chapter 720 rights, confirm that your association actually meets the statutory definition.
The parcel versus common-area distinction drives maintenance responsibility, assessment authority, and insurance obligations. When a dispute arises over whether the HOA or an owner is responsible for repairing a fence, a drainage swale, or an entrance feature, the resolution starts with the definitions in § 720.301 and the specific language in the governing documents.
Governing documents must be read in harmony with Chapter 720. Where the declaration, bylaws, or rules conflict with a mandatory Chapter 720 provision, the statute controls — but voluntary provisions in the governing documents that go beyond the statute are generally enforceable. Understanding what the statute requires (versus permits) requires starting with the definitions.
Related tools
Common questions about § 720.301
- What is a homeowners association under Florida § 720.301?
- Section 720.301(9) defines a homeowners association as 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. The HOA must be obligated to maintain, manage, or operate common areas or facilities. Chapter 720 applies only to HOAs meeting this statutory definition — not all community organizations are subject to Chapter 720.
- What is a parcel under § 720.301?
- Section 720.301(11) defines a parcel as the real property subject to the HOA's governing documents. A parcel is typically a residential lot or home site — the fee-simple property that each owner holds. This distinguishes HOAs (where owners hold individual parcels in fee simple) from condominiums (where owners hold unit interests in a shared structure). The parcel definition determines which properties within a community are subject to the HOA's authority and assessment power.
- What are governing documents under § 720.301?
- Section 720.301(8) defines governing documents as the recorded declaration of covenants, the articles of incorporation of the HOA, the bylaws of the HOA, and any rules and regulations adopted by the board. These documents constitute the complete body of law that governs the community. Courts interpret Chapter 720 in light of the governing documents — where documents are silent, the statute fills the gap; where documents conflict with mandatory statutory provisions, the statute controls.
- What are common areas in a Florida HOA under § 720.301?
- Section 720.301(4) defines common areas as real property owned or leased by the HOA for the use and benefit of its members. Common areas typically include streets, entrance features, recreational facilities (pools, tennis courts, playgrounds), retention ponds, and other shared amenities. The HOA has the duty to maintain common areas, and all parcel owners share the cost through their assessments. Common areas are distinct from limited common areas — areas designated for exclusive use by one or more specific parcels.
- What are official records under § 720.301?
- Section 720.301(13) defines official records as the documents the HOA is required to maintain and make available for member inspection under § 720.303(5). Official records include the governing documents, all amendments, board and member meeting minutes, financial records (budgets, financial statements, reserve accounts), current contracts, bid documents, insurance policies, and the membership roster. Members are entitled to inspect official records within 10 business days of a written request.
- Does Chapter 720 apply to all HOAs in Florida?
- Not automatically. Chapter 720 applies to a homeowners association that meets the statutory definition in § 720.301(9). HOAs formed before July 1, 1992 are subject to Chapter 720 only to the extent not in conflict with their existing governing documents. HOAs that are condominium or cooperative associations (regulated by Chapter 718 or 719) are not governed by Chapter 720. A community that functions like an HOA but does not meet the statutory definition may not have the same statutory rights and obligations.
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This is not legal advice. Consult association counsel for your specific situation.