Florida HOA Disclosure FAQ (Chapter 720)

A Florida residential property inside a homeowners’ association is governed by an extra layer of recorded covenants, conditions, and restrictions (CC&Rs) that bind every owner — and, in practice, every tenant of the property. Florida Statutes Chapter 720 is the statewide framework for HOAs. This FAQ summarises what landlords and tenants of HOA-governed properties need to understand before signing a lease, including the often-misunderstood §720.401 disclosure summary (a purchase-side document), HOA approval requirements, lease restrictions, and HOA fee caps.

The Florida Statutes Chapter 720 full text:

• https://www.flsenate.gov/Laws/Statutes/2024/Chapter720

The Florida Senate’s main law portal:

• https://www.flsenate.gov/

Q1. What is Chapter 720?

A. Chapter 720 is the statewide statute governing homeowners’ associations in Florida — corporations or unincorporated associations that own and operate common areas or enforce covenants in residential planned developments and subdivisions. It sets:

• Powers and duties of the HOA;
• Owner and member rights;
• Disclosure obligations to purchasers (§720.401);
• Procedures for amending covenants;
• Enforcement of covenants;
• Records access rights;
• Fee and assessment limits.

Chapter 720 does not apply to condominium associations (those are governed by Chapter 718, the Condominium Act) or mobile home park associations (Chapter 723).

Q2. Does §720.401 require disclosure to tenants?

A. No. §720.401 is a purchase-side disclosure. It runs from a seller of an HOA-governed home to a buyer at the time of purchase, requiring that the buyer receive an HOA disclosure summary stating that:

• Membership in the HOA is mandatory;
• Recorded covenants govern the use of the property;
• Assessments are owed to the HOA;
• Failure to pay can result in lien and foreclosure;
• Specific recorded documents (the declaration of covenants, articles of incorporation, bylaws) govern the property.

§720.401 does not require this disclosure summary in landlord-tenant relationships. However, the substance of the HOA’s recorded covenants binds the tenant in the same way it binds the owner, and a prudent landlord includes an HOA Rider to the lease so the tenant is on notice.

Q3. Do HOA covenants bind tenants?

A. Yes — through the recorded declaration. The HOA’s CC&Rs are a recorded encumbrance on the land. The owner takes title subject to the CC&Rs, and the owner cannot grant a tenant rights greater than the owner has. Restrictions on:

• Pet types and numbers;
• Vehicle parking (RVs, commercial vehicles, boat trailers);
• Lawn maintenance standards;
• Holiday decorations rules;
• Renovation and exterior changes;
• Short-term rental restrictions (often Airbnb-prohibitive);
• Occupancy limits;

all flow from the owner to the tenant via the recorded covenants.

The lease should include an HOA Rider or acknowledgement clause in which the tenant:

• Acknowledges the HOA exists and has recorded restrictions;
• Receives a copy of the relevant CC&R provisions;
• Agrees to comply with all HOA rules; and
• Acknowledges that violations may be enforced against the owner, who will have the right to terminate the tenancy for repeated tenant violations.

Q4. Does the HOA need to approve the lease?

A. Often yes. The recorded declaration may grant the HOA authority to:

• Approve every proposed lease (with stated criteria — age, occupancy, type of business activity);
• Charge a transfer or approval fee within statutory limits;
• Limit lease term (e.g., minimum 6 months, maximum 12 months);
• Limit number of tenants in the unit;
• Restrict short-term rentals entirely (very common — most HOAs prohibit rentals shorter than 30 days, some prohibit any rental).

Under Chapter 720, the HOA’s approval process must be reasonable and consistent with the recorded declaration. Owners cannot be required to use the HOA’s preferred property manager or pay arbitrary fees, but the HOA can limit and approve.

Q5. What’s the maximum HOA approval fee?

A. F.S. §720.3055 (as amended) sets statutory caps on HOA fees:

• Approval / transfer fee — capped at the amount stated in the recorded declaration, but typical caps are USD 100–150;
• Background check fees if charged separately — must reflect actual cost.

The fee cannot be punitive or designed to discourage rentals beyond what the declaration permits.

Q6. What if the lease is signed before HOA approval?

A. High risk. If the recorded declaration requires HOA approval before lease commencement, signing without approval can:

• Void the tenant’s right of occupancy under the HOA rules;
• Trigger fines against the owner (typically USD 100/day until cure);
• Expose the owner to enforcement action by the HOA.

The tenant remains contractually bound to pay rent under the lease, but cannot lawfully occupy the unit. This is the most common HOA-related landlord error.

The fix: build HOA approval into the lease as a condition precedent. The lease commences only when HOA approval is obtained, and the deposit/first-month rent is held in escrow pending approval.

Q7. Can the HOA evict the tenant directly?

A. Generally no. The HOA’s enforcement remedies run against the owner, not the tenant. The HOA fines the owner, places liens on the property, and can foreclose on the lien. The owner then may be forced to terminate the tenancy through the standard Chapter 83 eviction process.

A few HOA declarations contain “right to evict” provisions giving the HOA direct enforcement against tenants in defined circumstances (e.g., severe rule violations). These are unusual and require careful reading of the specific declaration.

Q8. What about parking restrictions?

A. HOA parking rules typically address:

• Vehicle types (commercial vehicles, RVs, boat trailers prohibited or restricted);
• Parking locations (driveway only, garage required, no street parking);
• Number of vehicles per unit;
• Guest parking limits.

Tenants who routinely violate parking rules may face HOA fines against the owner, who in turn may issue 7-day cure notices to the tenant under F.S. §83.56(2)(b).

Q9. Are pets restricted?

A. Often yes. HOA pet rules typically address:

• Number of pets (often 1–2 maximum);
• Type of pets (dogs, cats; sometimes birds, fish);
• Breed restrictions (large or “aggressive” breeds prohibited);
• Weight limits;
• Common-area rules (leashed at all times, waste cleanup, designated pet areas).

Tenants with service animals or emotional support animals are protected under the federal Fair Housing Act (42 USC §§3601 et seq.) and 24 CFR §100.204. HOA “no pets” rules cannot prohibit assistance animals as a reasonable accommodation. The reasonable accommodation request goes to the owner and the HOA together.

Q10. What about short-term rentals (Airbnb, VRBO)?

A. Most Florida HOAs prohibit or restrict short-term rentals. The recorded declaration commonly:

• Prohibits any rental shorter than 30 days, 60 days, or 6 months;
• Limits the number of rentals per year;
• Requires HOA approval of each rental.

Florida state law preempts local short-term rental regulation in some respects (under §509.032), but HOA private restrictions are enforceable as private contractual covenants. An HOA’s prohibition on short-term rentals is generally upheld even where the local government does not regulate.

A landlord considering short-term rental should:

• Read the declaration carefully before listing;
• Consult HOA management if any ambiguity exists;
• Obtain written confirmation of approval before listing if the HOA permits.

Q11. Are HOA documents publicly recorded?

A. Yes — recorded in the county clerk’s office. Anyone can search the county recorder for the property’s recorded declaration of covenants. Before signing a lease, the landlord (and ideally the tenant) should:

• Obtain a copy of the declaration of covenants (CC&Rs);
• Obtain a copy of the articles of incorporation of the HOA;
• Obtain a copy of the bylaws;
• Identify the current board of directors and the property management contact.

Florida county clerks typically offer online recorded-documents search. The relevant county is the one in which the property is located.

Q12. What if the HOA management is unresponsive?

A. Florida law gives owners specific rights:

• Records access — owners are entitled to inspect HOA records under F.S. §720.303(5);
• Member meetings — owners have rights to attend and vote at meetings under §720.306;
• Recall of directors — under §720.303(10), owners may recall directors by majority vote;
• Complaints to DBPR — for certain HOA violations, owners may complain to the Florida Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes:
  • https://www.myfloridalicense.com/

The DBPR has limited HOA jurisdiction (much narrower than for condos), so most HOA disputes are resolved through internal HOA processes or county/circuit court.

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Disclaimer

Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not Florida-licensed attorneys. For HOA disputes or interpretation of recorded covenants, retain a member of The Florida Bar.

Sources

1. Florida Statutes Chapter 720 — https://www.flsenate.gov/Laws/Statutes/2024/Chapter720
2. Florida Senate — https://www.flsenate.gov/
3. Online Sunshine — http://www.leg.state.fl.us/Statutes/
4. Florida DBPR — https://www.myfloridalicense.com/