Florida statute reference · F.S. § 720.304
§ 720.304 - Rights of Parcel Owners
Section 720.304 is effectively the HOA owner's bill of rights. It establishes affirmative rights that parcel owners hold against their HOA regardless of what the governing documents say — rights that no declaration, bylaw, or board rule can take away. Boards must know these rights to avoid enforcement actions that violate them; owners must know them to enforce them.
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.
Statutory rights that no HOA can take away
Right of peaceful assembly in common areas
§ 720.304(1)- Owners may peaceably assemble in common areas for any lawful purpose
- Owners may invite public officers and candidates to speak in common areas
- HOA may regulate time, place, and manner — but cannot prohibit assembly
- Applies to meetings, events, and gatherings organized by owners
Right to display the US flag
§ 720.304(2)(a)- One portable, removable US flag — regardless of HOA rules
- Armed Forces and POW-MIA flags on designated holidays (up to 4.5 ft × 6 ft)
- HOA may regulate manner and placement but cannot prohibit outright
- Fines or sanctions for flag display violate this section
Right to display political signs
§ 720.304(2)(b)- Signs for or against a political candidate during election window
- Window: 45 days before election to 7 days after election
- Sign must be on the parcel, not in common areas
- HOA may regulate number and placement to match local ordinance limits
- Total prohibition during election window violates this section
Right to install solar energy devices
§ 720.304(4)- No declaration or rule may prohibit solar collectors, clotheslines, or renewable energy devices
- HOA may regulate placement to minimize street visibility
- HOA cannot require solar panel removal
- Prohibition on solar devices is unenforceable regardless of when the rule was adopted
Right to speak at board and member meetings
§ 720.304(1)- Owners have the right to attend all open board meetings
- Owners have the right to speak at board meetings on agenda items
- HOA may impose reasonable time limits (e.g., 3 minutes per speaker)
- Categorical exclusion from speaking violates this section
Common questions about § 720.304
- Can a Florida HOA prohibit me from displaying the US flag?
- No. Section 720.304(2)(a) gives every parcel owner the right to display one portable, removable US flag regardless of any HOA rule or restriction. On specified holidays — Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day — owners may also display a portable, removable official flag not larger than 4.5 feet by 6 feet representing a US Armed Forces branch or the POW-MIA flag. The HOA may regulate the manner and placement of flag display to keep it tasteful and non-threatening to neighbors, but it cannot prohibit the display outright.
- Can a Florida HOA prohibit political signs under § 720.304?
- Section 720.304(2)(b) gives parcel owners the right to display a sign of reasonable size provided by a political candidate or in opposition to a political candidate within certain time windows (45 days before to 7 days after an election). The sign must be displayed only within the parcel (not in the common areas), and the HOA may regulate the number and placement of signs to the extent the regulation is not more restrictive than any applicable local ordinance. A blanket prohibition on political signs during the election window violates § 720.304.
- Can a Florida HOA ban solar panels or solar collectors?
- Generally no. Section 720.304(4) provides that no declaration, bylaw, or rule may prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources. An HOA may regulate the placement of solar collectors to minimize visibility from the street, but it cannot prohibit them. This right is reinforced by § 163.04 of the Florida Statutes, which broadly protects installation of solar energy devices on residential property.
- What is the right to peaceably assemble under § 720.304?
- Section 720.304(1) provides that parcel owners have the right to peaceably assemble in common areas for any lawful purpose and to invite public officers or candidates for public office to appear and speak in common areas at reasonable times. The HOA may regulate the time, place, and manner of such meetings to avoid unreasonable disruption — but it cannot refuse owners the right to use common areas for lawful assembly or prohibit political speakers from appearing.
- Do HOA owners have the right to speak at board meetings under § 720.304?
- Yes. Section 720.304(1) provides that parcel owners have the right to attend all meetings of the board and to speak at those meetings. The right to speak applies to items on the agenda and to any matter within the board's jurisdiction. The HOA may impose reasonable time limits (typically 3 minutes per speaker per item) but cannot categorically exclude owners from speaking at board meetings. Owners also retain the right to speak at member meetings.
- Can an HOA restrict an owner's ability to rent their unit?
- Rental restrictions are governed by the declaration and are generally enforceable if they were in place before the owner purchased. Florida law has historically allowed HOAs to impose rental restrictions, but post-2022 amendments have limited the ability to restrict short-term rentals in many circumstances. Section 720.306(1)(h) now requires that any rental restriction amendment adopted after July 1, 2021 that significantly restricts an existing owner's rental rights requires approval by at least two-thirds of the voting interests — and applies only to owners who vote for the change or purchase after the amendment is recorded.
Related tools
Join the Florida HOA professional community on Common Elements
Boards, managers, owners, and attorneys navigating Chapter 720 — all in one place. Common Elements is the industry resource for Florida community associations. Free to join.
This is not legal advice. Consult association counsel for your specific situation.