Quick Answers
- Which statute applies: Chapter 718 governs condominium associations. Chapter 720 governs homeowners' associations for single family and townhome communities. Cooperatives fall under Chapter 719.
- The core difference: Condo owners own their unit and share ownership of the common elements, including the building structure. HOA owners own their lot and home outright, and the association manages common areas.
- Regulator: Condominiums are overseen by DBPR's Division of Florida Condominiums, Timeshares, and Mobile Homes. HOAs have no equivalent state division and rely more on courts and mediation.
- Structural rules: Milestone inspections and structural integrity reserve studies apply to condominium buildings three or more stories tall, not to HOA single family homes.
- Director education: Both require new directors to complete education within 90 days, with different annual continuing education hours.
- Collections: Both use the same notice sequence: 30 day Notice of Late Assessment, 45 day notice before a lien, 45 day notice before foreclosure.
- Elections: Condo elections follow a fixed statutory calendar. HOA elections run mainly on the bylaws, with at least 14 days' notice of the annual meeting.
Not Sure Which Rules Your Board Is Bound By?
We represent condominium and HOA boards and managers throughout Florida.
Florida regulates community associations under two separate statutes, and the differences between them are not cosmetic. A notice, vote, or collection step that is valid under Chapter 720 can be defective under Chapter 718, and the reverse. Since 2024, the gap has widened further, with condominium associations taking on structural inspection, reserve study, and reporting obligations that HOAs do not have. This guide compares the two statutes side by side for board members and community association managers, covering ownership, oversight, finances, structural requirements, enforcement, collections, elections, and disputes. For the statutes individually, see Florida Statute 718 explained and Florida Statute 720 explained.
Chapter 720 vs. Chapter 718 at a Glance
| Topic | Condominium (Chapter 718) | HOA (Chapter 720) |
|---|---|---|
| What owners own | The unit, plus an undivided share of the common elements | The lot and the home on it |
| Who maintains the structure | Generally the association, for common elements | Generally the owner, for the home |
| State oversight | DBPR Division of Florida Condominiums, Timeshares, and Mobile Homes | No equivalent state division |
| Milestone inspections and SIRS | Required for buildings three or more stories | Not applicable |
| Reserves | Required; SIRS components must be funded | Required only if the association has established them or the documents require them |
| Director education | 4 hour certification within 90 days; 1 hour annually | Education within 90 days; 4 hours annually, or 8 for 2,500 or more parcels |
| Website required | 25 or more units, since January 1, 2026 | 100 or more parcels, since January 1, 2025 |
| Elections | Fixed statutory notice calendar | Bylaws control, with at least 14 days' notice of the annual meeting |
| Collections notices | 30 day, 45 day, 45 day sequence | Same sequence |
Which Statute Governs Your Community
The governing documents answer the question. A community created by a recorded declaration of condominium is a condominium under Chapter 718, whether it is a high rise, a garden style complex, or a set of townhomes. A community created by a declaration of covenants for lots in a subdivision or planned development is generally an HOA under Chapter 720. Cooperatives, where residents own shares in a corporation that owns the building, are governed by Chapter 719. Mixed communities, such as a master HOA containing condominium sub-associations, can have both statutes in play at once, and each association must follow its own.
Ownership and Maintenance
In a condominium, each owner holds title to a unit, and all owners together own the common elements: typically the roof, exterior walls, structural components, and shared systems. The association maintains those common elements and insures the building. In an HOA, each owner owns the lot and the home, and the association typically maintains only common areas such as roads, amenities, and landscaping, along with any items the declaration assigns to it. The governing documents control the details, and maintenance disputes almost always start with a careful reading of who the declaration assigns each component to.
Finances: Budgets, Reserves, and Reporting
Both statutes require annual budgets and annual financial reports, but condominiums carry heavier obligations. Condominium associations must fund reserves, and for buildings three or more stories, the components identified in the structural integrity reserve study must be funded, with only limited exceptions created by the 2025 law. HOAs must fund reserves only if the association has established them or its documents require them. Financial reporting deadlines and audit thresholds also differ; the association compliance calendar lists the current dates.
Structural Requirements After Surfside
The structural requirements adopted after the 2021 Champlain Towers South collapse apply to condominium and cooperative buildings, not to HOA single family homes. Buildings three or more habitable stories tall require milestone inspections, and associations must complete structural integrity reserve studies on a recurring cycle. HOAs that own structures such as clubhouses are not subject to these condominium rules, though prudent boards still plan for them.
Official Records and Transparency
Both statutes require the association to keep official records and make them available to owners on written request, within 10 business days under Chapter 720 and 10 working days under Chapter 718. Larger associations must also post certain records on a website or app: condominiums with 25 or more units and HOAs with 100 or more parcels. The lists of required records differ between the chapters, and condominiums have additional posting duties tied to their structural and financial reports. Records requests are one of the most common sources of owner complaints, so boards should assign someone to track every request and its deadline.
Enforcement and Fines
Both statutes allow fines and suspensions only if the governing documents authorize them, and both require written notice and an opportunity for a hearing before a committee of members who are not board members or related to board members. The owner must receive at least 14 days' notice of the hearing. There are also limits on what fines can become: a condominium fine cannot become a lien on the unit, and under Chapter 720, a fine of less than $1,000 cannot become a lien on the parcel. Boards that skip the hearing step risk having the fine voided entirely.
Collections
The collection sequence is substantially the same under both statutes: a 30 day Notice of Late Assessment before attorney's fees can be charged, a 45 day Notice of Intent to Record a Claim of Lien, the recorded lien, and a separate 45 day Notice of Intent to Foreclose. The details, including the HOA owner's right to contest a lien and the condominium's lien deadlines, differ. See what happens when an HOA or condo owner doesn't pay for the full process.
Elections and Meetings
Condominium elections follow a fixed statutory calendar, with a first notice at least 60 days before the election and a second notice at least 14 days before. HOA elections run mainly on the association's bylaws: the statute requires at least 14 days' notice of the annual meeting, and in many HOAs the candidates are not known until the meeting unless the governing documents require advance identification. For the procedures in detail, see how to legally conduct association elections and board meetings.
The most expensive mistake is applying the wrong statute. Managers who handle both condominiums and HOAs often reuse one set of templates for notices, elections, and collections, and a procedure that is valid under one chapter can be defective under the other.
The second is assuming the statute is the whole rulebook. Both chapters defer to the governing documents on many issues, from fines to election procedures. A board that knows its statute but has not read its declaration and bylaws against current law is working from half the rules.
Disputes and Where They Go
Condominium disputes over certain issues, including elections and recalls, can go to arbitration through the DBPR Division of Florida Condominiums, Timeshares, and Mobile Homes. HOAs have no equivalent division for most disputes, and many covenant enforcement disputes between an HOA and an owner require presuit mediation before a lawsuit is filed. Getting the forum wrong can delay a case by months.
Need counsel who knows both statutes?
Kelley, Grant & Tanis represents condominium and HOA boards and managers throughout Florida, with Kara Tanis leading the firm's association law practice. Call (561) 672-1161 or contact the firm. Related reading: what a Florida CAM can and cannot do without an attorney and Kaufman language in Florida HOAs and condos.
Frequently Asked Questions
What is the difference between Chapter 718 and Chapter 720?
Chapter 718 governs condominium associations, where owners own their units and share ownership of the common elements. Chapter 720 governs homeowners' associations, where owners own their lots and homes and the association manages common areas.
How do I know if my community is a condo or an HOA?
Check the recorded governing documents. A declaration of condominium creates a condominium under Chapter 718, even for townhome style communities. A declaration of covenants for lots in a subdivision generally creates an HOA under Chapter 720.
Are HOAs regulated by DBPR like condominiums?
Not in the same way. Condominiums are overseen by DBPR's Division of Florida Condominiums, Timeshares, and Mobile Homes. HOAs have no equivalent state division, so most HOA disputes are resolved through mediation or the courts.
Do milestone inspections and SIRS apply to HOAs?
No. Milestone inspections and structural integrity reserve studies apply to condominium and cooperative buildings three or more stories tall, not to HOA single family homes.
Are HOAs required to have reserves in Florida?
Only if the association has established reserves or its governing documents require them. Condominium associations must fund reserves, and for buildings three or more stories, the components in the structural integrity reserve study must be funded.
Can a fine become a lien in a Florida condo or HOA?
A condominium fine cannot become a lien on the unit. Under Chapter 720, a fine of less than $1,000 cannot become a lien on the parcel. Unpaid assessments, by contrast, are secured by the association's lien.
Do condo and HOA elections follow the same rules?
No. Condominium elections follow a fixed statutory calendar with a first notice at least 60 days before the election. HOA elections run mainly on the bylaws, with at least 14 days' notice of the annual meeting.
Do both statutes require board member education?
Yes. New condominium and HOA directors must complete education within 90 days after election or appointment. Condominium directors need 1 hour of continuing education each year, and HOA directors need 4 hours, or 8 hours for associations with 2,500 or more parcels.
Which statute applies to a master association with condo sub-associations?
Often both. The master association is typically governed by Chapter 720, while each condominium sub-association follows Chapter 718. Each association must follow the statute and documents that govern it.