Common Interest Community Information
Common interest communities feature: mandatory membership (all property owners are automatically members of the association), shared common areas (pools, clubhouses, parks, and roadways), mandatory assessments (all owners must pay regular and special assessments), restrictive covenants (rules governing the use and appearance of properties), and an elected board of directors (governing the community on behalf of all owners).
Florida Legal Definition
Common interest communities in Florida are governed by: Chapter 718 (Condominiums), Chapter 719 (Cooperatives), Chapter 720 (Homeowners' Associations), and Chapter 721 (Timeshares). Under these statutes: the association has broad powers to: levy assessments, enforce covenants, maintain common areas, and adopt rules. Under §720.305 and §718.303: the association may enforce its covenants through fines, liens, suspension of rights, and legal action.
How It's Used in Practice
Attorneys advise associations and owners on governance, enforcement, and disputes. The attorney: advises the board on governance compliance, enforces covenants and collects assessments, represents owners challenging board actions, files election disputes, and handles turnover from developer to owner control. The attorney advises: association governance is heavily regulated; noncompliance can result in personal liability for board members.
Key Takeaways
- CIC: condos, HOAs, and co-ops with mandatory membership.
- Governed by Chapters 718, 719, 720, and 721.
- Mandatory assessments are liens on the property.
- Board has broad powers but must follow statutory procedures.
- Governance noncompliance may create personal liability.
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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC