Florida HOA and Condo Law in Plain Terms
Florida has separate statutes for the two most common kinds of community association. HOAs are governed by Chapter 720 of the Florida Statutes, and each condominium association by Chapter 718. A condo association and a homeowner association can look alike from the street, but they answer to different rules, so the first question in any association matter is which law applies. The association’s declaration of covenants, articles of incorporation and bylaws then fill in the details, and a single bylaw can decide how a vote or a fine has to be handled.
The Florida Legislature has also rewritten parts of HOA law in recent years. A 2024 reform added director education requirements, required associations with 100 or more parcels to post key governing and financial documents on a website or app, created criminal penalties for certain records misconduct, and limited how and when fines can be imposed. Governing documents written before those changes often need updating.
Collections of HOA Dues
When an owner falls behind, the association has a duty to collect, but Florida law sets the order of steps. Before an association can charge attorney’s fees on a past-due assessment, it has to send a notice of late assessment and give the owner 30 days to pay. If the balance still isn’t paid, the association can send a notice of intent to record a claim of lien, which gives the owner 45 more days. Only after that period can it record the lien, and it must send a separate notice at least 45 days before filing a lien foreclosure.
The association also has to collect consistently. Waiving fees for one owner and pursuing another can create defenses later. Our HOA lawyers handle collection letters, payment plans, liens and, when necessary, foreclosure of the association’s lien.
If you’re an owner facing a lien
If your association has sent a notice of intent to lien, you still have options. Many owners negotiate a payment plan, dispute amounts that weren’t properly assessed, or challenge fees that were charged before the required notices went out. The earlier you respond, the more room there is to resolve the balance before it becomes a lien or a lawsuit. If the association has already filed to foreclose, our Orlando foreclosure defense lawyers can review the case.
Estoppel Certificates
When a home or condominium in a community association is sold or refinanced, the association must issue an estoppel certificate within 10 business days of the request, stating what the owner owes. The fees an association can charge for the certificate are capped by statute. Accuracy matters, because an association that understates the balance generally can’t collect the difference from a buyer or lender who relied on the certificate in good faith.
We prepare and review estoppel certificates for associations, and we review them for buyers who want to know exactly what they’re taking on before closing on a home in an HOA or condo community.
Covenant Enforcement, Fines and Hearings
Covenants protect the look, safety and value of a community, and boards have a duty to enforce them fairly and uniformly. Under Florida law, before an HOA can levy a fine or suspend use rights, it must give the owner at least 14 days’ written notice of a hearing before a committee of at least three members who aren’t officers, directors or employees of the association, or their close relatives. The committee has to approve the fine, and the association must send written findings within 7 days of the hearing.
Since the 2024 reforms, an owner who cures the violation before the hearing generally can’t be fined for it, and a fine can’t be due any sooner than 30 days after the owner is notified. Florida law also now bars fines for leaving garbage cans at the curb within 24 hours of pickup, and limits fines for holiday decorations. Unless the governing documents say otherwise, fines are capped at $100 per violation and $1,000 in total for a continuing violation, and a fine under $1,000 can’t become a lien.
Governing Documents and Board Governance
Your declaration, articles and bylaws decide how rules are made, how they’re enforced and how the documents themselves can be amended. When the documents are outdated or unclear, collections and enforcement both get harder. We draft new governing documents for developers, and we review and amend existing ones for boards so they match current Florida law.
Board members also owe fiduciary duties to the association’s members. That means acting in good faith, avoiding conflicts of interest, and applying the rules evenly. Our HOA attorneys advise boards on those duties and on the director certification Florida now requires within 90 days of election or appointment.
HOA Disputes and Litigation
Many HOA disputes resolve with a letter, a hearing or a negotiated agreement. For disputes over covenant enforcement, amendments to the governing documents, meetings and access to official records, Florida requires pre-suit mediation before either side can file a lawsuit. Election and recall disputes aren’t eligible for pre-suit mediation; they go to state arbitration or directly to court. Collection cases are handled separately.
When a case does go to court, Florida’s HOA statute awards reasonable attorney’s fees and costs to the prevailing party, which raises the stakes for both sides. Our litigation team represents associations enforcing their covenants and collecting what they’re owed, and owners challenging an association that has overstepped its authority.
Why Work With Legal Counsel, P.A.
Michele Diglio-Benkiran founded the firm and has practiced business and real estate law since 1999. She’s a member of The Florida Bar’s Real Property, Probate and Trust Law Section and the Orange County Bar Association. Richard Sierra is a commercial litigation and bankruptcy lawyer with more than three decades of experience, and he handles the disputes that can’t be settled.
Because we advise associations and represent owners, we understand how HOA disputes look from both sides of the table. Results matter. We offer a free consultation, and pay later options are available for qualifying clients.
Serving Orlando and Central Florida Communities
We represent associations, boards and owners throughout Orange County and Central Florida from our Winter Garden, Orlando and Seminole offices. HOA lawsuits in Orange County are filed in Orange County Court or the Ninth Judicial Circuit, depending on the amount in dispute, and heard at the Orange County Courthouse, 425 N. Orange Avenue in downtown Orlando. Association law often overlaps with real property questions, and our Orlando real estate attorneys and the rest of our Orlando law firm work together when it does.
