What Is an HOA?
A homeowners association (HOA) is a private entity that manages a residential community, typically a subdivision, planned development, or gated community. The HOA collects assessments (dues) from homeowners, maintains common areas, enforces deed restrictions and community rules, and manages the community's shared infrastructure (roads, pools, landscaping, gates).
When you buy property in an HOA-governed community, membership is mandatory and the HOA's rules (the declaration, bylaws, and rules and regulations) bind you as a property owner.
Florida HOA Law
Florida HOAs are governed by the Homeowners' Association Act, Chapter 720, Florida Statutes. Key provisions include:
- Assessments — The HOA can levy regular and special assessments. Failure to pay assessments can result in a lien on the property and ultimately foreclosure under Section 720.3085.
- Lien priority — HOA assessment liens in Florida are subordinate to first mortgage liens but can still result in foreclosure. The HOA lien includes unpaid assessments, late fees, interest, and attorney fees.
- Architectural review — Most HOAs require prior approval for exterior modifications, including paint colors, fences, landscaping, and additions.
- Fining authority — HOAs can fine homeowners for rule violations, but fines must go through a fining committee process under Section 720.305.
- Records access — Homeowners have the right to inspect HOA records, including financial statements, meeting minutes, and contracts.
- Board elections — Board members are elected by the homeowners. Terms, voting procedures, and quorum requirements are governed by the bylaws and Chapter 720.
HOA Impact on Real Estate Transactions
In every Florida HOA community sale, the buyer must receive the HOA's governing documents (declaration, bylaws, rules, financial statements, and budget) before closing. Under Section 720.401, the buyer has 3 days to review these documents and cancel the contract if they find the terms unacceptable.
The title company orders an estoppel letter from the HOA confirming the seller's assessment balance. Any unpaid assessments must be paid at closing to deliver clear title.
Related Terms
- Deed Restriction — The rules the HOA enforces
- Condominium Association — Similar entity for condominiums, governed by Chapter 718
- Encumbrance — HOA assessment liens are encumbrances
- Title Search — Identifies HOA lien status
Barnes Walker HOA Services
Barnes Walker represents both HOAs and homeowners in assessment disputes, enforcement actions, and covenant interpretation. The firm's title company coordinates estoppel letters and assessment payoffs on every HOA community closing. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 718
The Florida Condominium Act governs the creation, operation, and management of condominiums, including buyer rights, association powers, and assessment authority.
Fla. Stat. Ch. 720
The Florida Homeowners' Association Act governs HOA powers, member rights, assessment collection, and enforcement of deed restrictions.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC