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Condo and HOA Management in Florida: Chapter 718, Chapter 720, and What Makes It Legally Different

Condo and HOA Management in Florida: Chapter 718, Chapter 720, and What Makes It Legally Different

A community association manager takes on a new client portfolio in South Florida. Two of the communities look nearly identical from the outside - gated entrances, shared amenity centres, similar unit counts. One is a condominium association. The other is a homeowners' association. The manager applies the same governance procedures to both.

Three months later, enforcement actions taken under the condo procedures are challenged by owners in the HOA community because the notice requirements, fine structures, and legal authority differ between the two statutes. The issue is not incompetence - it is misapplication. In Florida, Chapter 718 and Chapter 720 are two entirely separate statutory frameworks, and operating a community under the wrong one - or blending procedures from both - creates enforceable errors that boards and managers are held accountable for.

 Florida is one of the largest community association markets in the United States, with approximately 48,000 associations governing millions of residents, it also has some of the most actively updated community association legislation in the country. Understanding which statute applies - and what each one specifically requires - is foundational to operating any Florida community association correctly.

What Chapter 718 Governs : The Florida Condominium Act

Chapter 718 of the Florida Statutes is the Florida Condominium Act. Every condominium created and existing in Florida is subject to its provisions. Under the condominium model, individual owners hold title to their unit - a defined airspace within a building - while all unit owners collectively hold undivided interests in the common elements: hallways, elevators, building exteriors, structural components, shared amenity facilities, and all supporting infrastructure. The association is responsible for maintaining those common elements on behalf of all owners.

This shared structure is what makes Chapter 718 more prescriptive than Chapter 720. Because the association is legally responsible for maintaining the physical building's common elements and shared infrastructure - not just landscaping or amenity areas - the statute imposes tighter oversight requirements on financial management, reserve funding, maintenance obligations, meeting procedures, and board accountability. A decision about roof replacement, elevator maintenance, or structural repair is not a matter of individual owner discretion - it is an association responsibility governed by statute.

The governing document hierarchy for a condominium association runs from the Florida Condominium Act at the top, through the Declaration of Condominium, the Articles of Incorporation, the Bylaws, and the Rules and Regulations. The statute prevails over all of them.

What Chapter 720 Governs : The Florida Homeowners' Association Act

Chapter 720 of the Florida Statutes is the Florida Homeowners' Association Act. It governs communities of single-family homes, townhomes, and planned residential developments that are not structured as condominiums. In an HOA, each owner holds title to their individual lot - including the structure on it - while the association manages common areas such as entrance landscaping, community roads, shared recreational facilities, and amenity spaces.

The fundamental operational difference from condominiums is that in an HOA, the owner is responsible for their own structure. The association does not maintain the exterior of each home, is not responsible for roof repairs on individual lots, and has no authority over the structural condition of privately owned homes unless the governing documents specifically provide for it. This shifts the maintenance and reserve burden significantly compared to a condominium.

The governing document hierarchy for an HOA runs from Chapter 720 at the top, through the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), the Articles of Incorporation, the Bylaws, and the Rules and Regulations.

The Structural Difference That Drives Everything Else

The legal differences between Chapter 718 and Chapter 720 flow almost entirely from one foundational distinction: who is responsible for the structure.

  • In a condominium, responsibility for structural components and common elements rests with the association, while unit owners own their individual units and hold shared interests in the common elements collectively. The association must maintain the building's shared infrastructure, fund reserves for its upkeep and replacement, and make decisions about structural repairs that directly affect every unit owner's investment.

  • In an HOA, each owner owns their own structure. The association owns and maintains only the common areas - roads, entrance monuments, clubhouses, pools. The individual homeowner is responsible for their own roof, their own exterior, their own plumbing and HVAC.

This single structural difference explains why Chapter 718 imposes mandatory structural integrity reserve requirements, why it requires the association to maintain adequate property insurance for the building's common elements and shared infrastructure, why it imposes stricter financial reporting mechanisms, and why its meeting procedures are more detailed. The stakes of a mismanaged condominium association are higher - and the statute reflects that.

Reserve Funding: Where the Chapters Diverge Most Significantly

Under Chapter 718, reserve funding for condominium associations is substantially more prescriptive, particularly following the Surfside condominium collapse in 2021.

The Structural Integrity Reserve Study (SIRS) is now required for condominium buildings three stories or taller. This is a formal engineering or architectural assessment that evaluates the structural components of the building and establishes required reserve funding levels. The SIRS report must be provided to the Division of Florida Condominiums within 45 days of completion. As of January 1, 2025, the Division maintains a searchable public database of associations that have completed their SIRS - associations that fail to comply with the SIRS requirements may face enforcement consequences.

The 2024-2025 legislative sessions extended the SIRS compliance deadline to December 31, 2025, giving condominium associations additional time to complete their studies and set their funding plans accordingly.

Under Chapter 720, reserve requirements are significantly less prescriptive. HOAs must include reserve disclosures in their annual budget, but boards have considerably more discretion in setting reserve funding levels. If the board proposes to waive full reserve funding, that waiver must be approved by a vote of the membership. There is no SIRS equivalent for HOA communities.

For property management operations handling both condominium and HOA clients in Florida, RIOO's property accounting module supports per-community financial tracking and reporting at the level of detail that Chapter 718's reserve requirements demand.

Financial Reporting: Similar Thresholds, Different Obligations

Both Chapter 718 (§718.111) and Chapter 720 (§720.303) use comparable revenue-based thresholds for financial reporting, confirmed directly from the 2025 Florida Statutes:

  • Annual revenues under $150,000: Report of cash receipts and expenditures

  • $150,000 to less than $300,000: Compiled financial statements

  • $300,000 to less than $500,000: Reviewed financial statements

  • $500,000 or more: Audited financial statements

While the revenue thresholds are similar, the surrounding obligations differ between the two chapters. Under Chapter 718, a 2025 amendment introduced a new affidavit requirement - condominium associations must prepare and execute an affidavit confirming legal compliance with the notice and delivery requirements for year-end financial reports. Chapter 718 also imposes more detailed record-keeping mandates and stricter requirements around how financial reports are delivered to unit owners.

Under Chapter 720, HOAs with 1,000 parcels or more are required to obtain audited financial statements regardless of their annual revenue - an additional threshold not present in Chapter 718.

Condominium associations also may not waive their financial reporting requirement for consecutive fiscal years under Chapter 718 - a restriction tightened effective July 2024.

Meeting Requirements : Two Different Standards

Both Chapter 718 and Chapter 720 require community associations to hold annual meetings of the membership, provide proper notice, and maintain meeting minutes. But the level of procedural detail in Chapter 718 is significantly higher.

  • Under Chapter 718 :
    Board meetings are generally required to be open to unit owners, and the notice requirements are more specific. The 2025 legislative session added detailed video conference authorization for condominium meetings through HB 913, effective July 1, 2025. Video conference meetings for condominium boards now require a physical board quorum present within 15 miles of the meeting location, specific audibility and recording standards, and other technical requirements.

  • Under Chapter 720 :
    Board meeting procedures are governed by the HOA's governing documents with more operational flexibility. HOAs are not subject to the same detailed video conference rules that now apply to condominiums.

Enforcement and Assessment Collection: Key Operational Differences

Both statutes give associations the authority to levy fines for violations and to collect unpaid assessments, but the specific mechanisms differ.

Fine limits : Both Chapter 718 and Chapter 720 cap fines at $100 per day per violation, up to $1,000 total for a continuing violation, unless the violation is a safety or health hazard.

Delinquency enforcement differs significantly :

Under Chapter 718, a condominium association may suspend an owner's use of common elements - pool, gym, parking - when assessments are more than 90 days delinquent. Under Chapter 720, HOAs can demand that tenants of delinquent owners pay rent directly to the association rather than to the owner - a distinct enforcement mechanism that condominiums do not share.

Lien rights : Under §720.3085, an HOA must provide 45 days' written notice before recording a lien for unpaid assessments. Chapter 718 has similar lien authority operating under the condominium framework. Both chapters permit foreclosure of assessment liens - one of the most powerful enforcement tools available to Florida community associations.

Also Read: Florida 3-Day Eviction Notice: Wording, Delivery, and Timing That Can Make or Break Your Case

CAM Licensing: The Professional Framework That Covers Both

Florida is one of the few states that requires community association managers to hold a professional licence before managing either a condominium or an HOA. Licensing is governed by Chapter 468, Part VIII of the Florida Statutes and is enforced by the Department of Business and Professional Regulation (DBPR) through the Regulatory Council of Community Association Managers.

When a CAM licence is required:
Confirmed directly from the DBPR official FAQs : a licence is required when an individual receives compensation for management services when the association or associations served contain more than 10 units or have an annual budget in excess of $100,000. This threshold applies equally to condominium and HOA management.

Pre-licensure requirements :

  • Minimum age: 18 years old

  • Complete 16 hours of DBPR-approved CAM pre-licensure education within 12 months before the exam

  • Pass the state examination: 100 multiple-choice questions, 75% passing score, administered by Pearson VUE

  • Submit to fingerprinting and background check through a FDLE-approved vendor

CAM firm licensing :
Per the DBPR official FAQ, management companies engaging in community association management services for associations with more than 10 units or budgets of $100,000 or greater must be licensed as CAM firms with the DBPR. Individual CAM licences expire September 30 of even-numbered years. Firm licences expire September 30 of odd-numbered years. Both must be renewed every two years.

Continuing education requirements :
Confirmed directly from the DBPR official FAQ: all CAMs must complete a minimum of 15 hours of CE per biennial renewal cycle. CAMs who provide community association management services to HOAs must complete a minimum of 17 total CE hours per cycle - with at least 5 of the 17 hours specifically pertaining to homeowners' associations and at least 3 of those 5 hours relating to recordkeeping. This requirement was introduced by HB 1203, signed into law in 2024.

New CAM transparency requirements (HB 913, effective July 1, 2025) :
CAMs must maintain an active online licensure account with the DBPR identifying the management firm employing them and each community where they serve as the designated on-site CAM. All account information must be updated within 30 days of any change.

Recent Legislative Changes: What Has Changed and What Has Not

The 2025 Florida legislative session brought 191 pages of changes to Chapters 468, 553, 718, and 719 - but left Chapter 720 largely unchanged. This creates a compliance gap for property managers who manage both condominium and HOA communities: the rules for condominiums became more demanding while the HOA framework stayed relatively stable.

Key 2025-2026 changes affecting condominiums :

  • Website mandates : Condominium associations with 25 or more units must maintain a compliant website or mobile-friendly platform with required records accessible by January 1, 2026. The HOA website requirement - 100 or more parcels, effective January 1, 2025, from HB 1203 - has a different threshold and timeline.

  • Video conference meetings : HB 913 authorizes video conference meetings for condo boards with specific quorum and technical requirements. HOAs are not subject to these same requirements.

  • Director education : New condominium board directors must complete a 4-hour initial educational course within 90 days of election or appointment, plus at least 1 hour of continuing education annually. Directors who were active prior to the 2024 changes had a deadline of June 30, 2025 to complete the initial requirement.

  • SIRS deadline extension : The structural integrity reserve study compliance deadline was extended through December 31, 2025.

  • Anti-retaliation : Per 2025 legislative changes to Chapter 718, condominium associations are prohibited from retaliating against owners through fines or harassment for making complaints or public statements critical of the association.

  • Debit card ban : Per 2025 legislative changes to Chapter 718, use of an association debit card for any association expense is prohibited to prevent embezzlement.

For Florida community association professionals managing portfolios that include both condominium and HOA communities, RIOO's dashboards and reporting tools support the per-community compliance visibility that managing under two different statutory frameworks requires.

The Governing Documents: Where the Statute Ends and the Community Begins

Both Chapter 718 and Chapter 720 operate in conjunction with each community's governing documents - and the relationship between the statute and the documents matters significantly.

In both frameworks, the statute takes precedence. Any provision in a condominium declaration or HOA CC&Rs that conflicts with the applicable statute is unenforceable. However, governing documents may impose requirements that are more stringent than the statute - more detailed notice requirements, higher reserve contributions, stricter architectural control standards - and those provisions are generally enforceable.

This means that two condominium associations governed by Chapter 718 may have significantly different operating procedures based on their individual declarations and bylaws. The statute sets the floor; the governing documents may raise it. Property managers operating across multiple Florida communities must review each community's specific governing documents - not assume that chapter compliance alone covers all obligations.

Frequently Asked Questions

1. What is the difference between Chapter 718 and Chapter 720 in Florida?

Chapter 718 is the Florida Condominium Act governing communities where unit owners hold undivided interests in common elements maintained by the association. Chapter 720 is the HOA Act for individually owned lots with shared common areas. Chapter 718 is more prescriptive due to the association's maintenance responsibility over shared structural elements.

2. Do Florida property managers need a CAM licence to manage both HOAs and condominiums?

Yes. Per the DBPR, a CAM licence is required when an individual receives compensation for providing community association management services to associations that collectively contain more than 10 units or have annual budgets exceeding $100,000, regardless of whether the community is a condominium or HOA.

3. What is the SIRS requirement and which associations does it apply to?

The Structural Integrity Reserve Study is a mandatory engineering assessment for condominium buildings three stories or taller, establishing required reserve funding levels. HOAs under Chapter 720 are not subject to SIRS. The compliance deadline is extended through December 31, 2025.

4. Can a Florida HOA fine owners for violations?

Yes. Under Chapter 720, HOAs may levy fines up to $100 per day per violation with a maximum of $1,000 per continuing violation, subject to proper notice and hearing procedures. Chapter 718 condominium associations share the same fine limits.

5. What is the CAM continuing education requirement in Florida?

All CAMs must complete 15 CE hours per biennial cycle. CAMs providing services to HOAs must complete 17 total CE hours per cycle, with at least 5 of those hours specifically pertaining to HOAs and at least 3 of those 5 relating to recordkeeping, per HB 1203 (2024) and confirmed from the DBPR official FAQ.

6. Do Florida condominium associations have to maintain a website?

Yes. Condominium associations with 25 or more units must maintain a compliant website by January 1, 2026. HOAs with 100 or more parcels were required to have a compliant website by January 1, 2025 under HB 1203.

7. How does the enforcement of unpaid assessments differ between Chapter 718 and Chapter 720?
Under Chapter 718, condominiums may suspend common element access for owners more than 90 days delinquent. Under Chapter 720, HOAs may demand tenants of delinquent owners pay rent directly to the association. Both permit lien recording and foreclosure for unpaid assessments.

Conclusion

Florida's community association law is not a single framework - it is two separate statutory regimes with different obligations, different enforcement mechanisms, different reserve requirements, and different levels of regulatory scrutiny. Chapter 718 and Chapter 720 share some common principles but diverge significantly in the areas that matter most to daily operations: maintenance responsibility, financial reporting mechanisms, reserve funding obligations, and board accountability.

For property management professionals operating in Florida, the practical consequence of this dual framework is that every community in a portfolio must be managed under its specific statutory chapter, with governing documents reviewed independently, and compliance procedures calibrated to the legal structure of each association rather than a generic community association standard.

RIOO supports Florida community association management through property and community setup, property accounting, service request and task management, and dashboards and reporting - giving management teams the per-community financial infrastructure and operational visibility that managing under both Chapter 718 and Chapter 720 demands.

Disclaimer : This blog is intended for general informational purposes only and does not constitute legal advice. Florida community association laws are subject to frequent change, and individual circumstances vary. Community association managers and board members should consult a qualified Florida attorney before making compliance decisions.