What Chapter 720 Covers (Planned Communities and HOAs)
Chapter 720 of the Florida Statutes applies to planned communities and homeowners associations that are not condominiums. Under Chapter 720, the community is typically organized as a corporation, and owners hold title to individual lots or parcels. The association's powers, member rights, and enforcement procedures are defined by Chapter 720, the community's declaration of covenants, conditions, and restrictions (CC&Rs), and bylaws. Chapter 720 communities often include single-family subdivisions, townhome communities, and mixed-use developments where owners hold fee-simple title to their property.
- Owners hold title to land and structures; the association manages common areas and enforces community rules through the recorded declaration
- Voting rights, amendment procedures, and dispute resolution follow Chapter 720 timelines and notice requirements
- The declaration and bylaws define what violations are enforceable and what remedies the association may pursue
- Chapter 720 allows the association to levy assessments and place liens for unpaid fines or assessments under specific statutory procedures
What Chapter 718 Covers (Condominiums)
Chapter 718 of the Florida Statutes applies exclusively to condominiums, where owners hold title to individual units and share ownership of common elements (building structure, roof, lobby, parking, etc.). In a condominium, the declaration of condominium (not just CC&Rs) creates the legal structure and defines the association's authority. Chapter 718 imposes stricter governance, disclosure, and dispute-resolution requirements than Chapter 720, reflecting the shared-ownership model and the complexity of multi-unit buildings.
- Owners hold title to a unit and an undivided share of common elements; the association manages and maintains all common property
- Chapter 718 requires specific notice, voting, and amendment procedures that differ materially from Chapter 720
- Dispute resolution, including arbitration and mediation, follows Chapter 718 timelines and may include mandatory pre-suit procedures
- Condominium declarations are more heavily regulated; amendments and major decisions often require supermajority or unanimous owner approval
Key Differences in Enforcement and Dispute Process
The two chapters diverge significantly in how violations are noticed, how owners may respond, and what remedies are available. Understanding these differences is critical if you receive a violation notice or fine. A Chapter 720 HOA and a Chapter 718 condominium may follow different timelines for cure periods, hearing procedures, and appeal rights. Misidentifying your chapter can lead to missed deadlines or ineffective responses.
- Notice and cure periods: Chapter 720 and 718 specify different timeframes for owners to cure violations before fines or liens are imposed
- Hearing and dispute resolution: Chapter 718 condominiums often require more formal hearing procedures and may mandate mediation or arbitration before litigation
- Lien and foreclosure procedures: Both chapters allow liens for unpaid assessments and fines, but the statutory procedures and redemption rights differ
- Amendment and governance: Chapter 720 HOAs may amend rules with a simple majority; Chapter 718 condominiums often require supermajority or unanimous consent for material changes
How to Confirm Whether You Live Under Chapter 720 or 718
Your recorded declaration is the definitive source. If your community is a condominium, the recorded document will be titled a 'Declaration of Condominium' and will explicitly state that Chapter 718 applies. If your community is a planned community or HOA, the document will typically be titled 'Declaration of Covenants, Conditions, and Restrictions' (CC&Rs) and will reference Chapter 720 or planned-community governance. You can obtain a copy of your recorded declaration from your county clerk's office (online or in person) or request it from your association.
- Check your deed or closing documents: they often reference the recorded declaration and may identify the chapter
- Request the declaration from your HOA or property manager; they are required to provide it upon request
- Search your county clerk's online records by property address or legal description to locate the recorded declaration
- Look for the title and opening language: 'Declaration of Condominium' signals Chapter 718; 'Declaration of Covenants, Conditions, and Restrictions' or 'Planned Community Declaration' signals Chapter 720
How StreetScout Helps You Confirm Your Chapter
When you receive a violation notice or need to understand your community's rules, the first step is confirming whether Chapter 720 or 718 controls your dispute. ScoutReport extracts key details from your recorded declaration—including the chapter designation, enforcement procedures, cure periods, and appeal rights—so you know exactly which statute and process apply before you respond. This clarity helps you meet the right deadlines and follow the correct procedure from the start.
- Upload your recorded declaration or violation notice to ScoutReport; it extracts the chapter designation, key definitions, and enforcement rules tied to your specific community
- ScoutReport flags which statute applies and summarizes the notice and cure procedures you must follow, so you don't miss a deadline or use the wrong process
- Review the extracted findings, verify them against your own documents, and use them to draft a timely, accurate response—or decide whether to seek legal counsel based on the chapter's requirements
