The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 720
HOMEOWNERS' ASSOCIATIONS

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F.S. 720.305

720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.—

(1) Each member and the member’s tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association. Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member against:

(a) The association;

(b) A member;

(d) Any tenants, guests, or invitees occupying a parcel or using the common areas.

The prevailing party in any such litigation is entitled to recover reasonable attorney fees and costs as provided in paragraph (2)(e). A member prevailing in an action between the association and the member under this section, in addition to recovering his or her reasonable attorney fees, may recover additional amounts as determined by the court to be necessary to reimburse the member for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. This section does not deprive any person of any other available right or remedy.

(2) An association may levy reasonable fines for violations of the declaration, association bylaws, or reasonable rules of the association. A fine may not exceed $100 per violation against any member or any member’s tenant, guest, or invitee for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association unless otherwise provided in the governing documents. A fine may be levied by the board for each day of a continuing violation, with a single notice and opportunity for hearing, except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to reasonable attorney fees and costs from the nonprevailing party as determined by the court.

(a) An association may suspend, for a reasonable period of time, the right of a member, or a member’s tenant, guest, or invitee, to use common areas and facilities for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. This paragraph does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park.

(b) A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days’ notice to the parcel owner at his or her designated mailing or e-mail address in the association’s official records and, if applicable, any occupant, licensee, or invitee of the parcel owner, sought to be fined or suspended and a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. The notice must include a description of the alleged violation; the specific action required to cure such violation, if applicable; and the date and location of the hearing. A parcel owner has the right to attend a hearing by telephone or other electronic means.

(c) If the committee, by majority vote, does not approve a proposed fine or suspension, the proposed fine or suspension may not be imposed. The role of the committee is limited to determining whether to confirm or reject the fine or suspension levied by the board.

(d) After the hearing, the committee shall provide written notice to the parcel owner at his or her designated mailing or e-mail address in the association’s official records and, if applicable, any occupant, licensee, or invitee of the parcel owner, of the committee’s findings related to the violation, including any applicable fines or suspensions that the committee approved or rejected, and how the parcel owner or any occupant, licensee, or invitee of the parcel owner may cure the violation, if applicable.

(e) If the proposed fine or suspension levied by the board is approved by the committee by a majority vote, the fine payment is due 5 days after notice of the approved fine required under paragraph (d) is provided to the parcel owner and, if applicable, to any occupant, licensee, or invitee of the parcel owner. The association must provide written notice of such fine or suspension by mail or hand delivery to the parcel owner and, if applicable, to any occupant, licensee, or invitee of the parcel owner.

(3) If a member is more than 90 days delinquent in paying any fee, fine, or other monetary obligation due to the association, the association may suspend the rights of the member, or the member’s tenant, guest, or invitee, to use common areas and facilities until the fee, fine, or other monetary obligation is paid in full. This subsection does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection.

(4) An association may suspend the voting rights of a parcel or member for the nonpayment of any fee, fine, or other monetary obligation due to the association that is more than 90 days delinquent. A voting interest or consent right allocated to a parcel or member which has been suspended by the association shall be subtracted from the total number of voting interests in the association, which shall be reduced by the number of suspended voting interests when calculating the total percentage or number of all voting interests available to take or approve any action, and the suspended voting interests shall not be considered for any purpose, including, but not limited to, the percentage or number of voting interests necessary to constitute a quorum, the percentage or number of voting interests required to conduct an election, or the percentage or number of voting interests required to approve an action under this chapter or pursuant to the governing documents. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection. The suspension ends upon full payment of all obligations currently due or overdue to the association.

(5) All suspensions imposed under subsection (3) or subsection (4) must be approved at a properly noticed board meeting. Upon approval, the board must send written notice to the parcel owner and, if applicable, the parcel’s occupant, licensee, or invitee by mail or hand delivery to the parcel owner’s designated mailing or e-mail address in the association’s official records.

(6) The suspensions permitted by paragraph (2)(a) and subsections (3) and (4) apply to a member and, when appropriate, the member’s tenants, guests, or invitees, even if the delinquency or failure that resulted in the suspension arose from less than all of the multiple parcels owned by a member.

History.—s. 37, ch. 92-49; s. 55, ch. 95-274; s. 2, ch. 97-311; s. 51, ch. 2000-258; s. 20, ch. 2004-345; s. 17, ch. 2004-353; s. 12, ch. 2007-173; s. 8, ch. 2008-202; s. 24, ch. 2010-174; s. 18, ch. 2011-196; s. 16, ch. 2013-188; s. 17, ch. 2015-97; s. 14, ch. 2018-96; s. 21, ch. 2021-99; s. 4, ch. 2023-228.

Note.—Former s. 617.305.

F.S. 720.305 on Google Scholar

F.S. 720.305 on Casetext

Amendments to 720.305

Arrestable Offenses / Crimes under Fla. Stat. 720.305

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 720.305.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MADILL, v. RIVERCREST COMMUNITY ASSOCIATION, INC., 273 So. 3d 1157 (Fla. App. Ct. 2019)

. . . Pursuant to the governing documents of the Association and to section 720.305(1), Florida Statutes (2017 . . .

VALENCIA GOLF AND COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC. v. COMMUNITY RESOURCE SERVICES, INC., 272 So. 3d 850 (Fla. App. Ct. 2019)

. . . the appellees' motion to tax attorneys' fees and costs, as to entitlement only, pursuant to sections 720.305 . . .

MCINTOSH v. C. MYERS E., 271 So. 3d 159 (Fla. App. Ct. 2019)

. . . . § 720.305(1)(b), Fla. Stat. . . .

HOLIDAY ISLE IMPROVEMENT ASSOCIATION, INC. v. DESTIN PARCEL LLC, a, 257 So. 3d 582 (Fla. App. Ct. 2018)

. . . trial court also awarded prevailing party attorney's fees and costs to the developer under section 720.305 . . . 86 and the protective covenants is immaterial because the award here was properly based on section 720.305 . . . Section 720.305(1) provides in pertinent part: Each member and ... and each association, are governed . . . Even though the declaratory judgment complaint filed by the association did not refer to section 720.305 . . . Accordingly, under the plain language of section 720.305(1), the developer was entitled to an award of . . .

COCONUT KEY HOMEOWNER S ASSOCIATION, INC. v. GONZALEZ,, 246 So. 3d 428 (Fla. App. Ct. 2018)

. . . Gonzalez then filed a motion for attorney's fees and costs pursuant to section 720.305(1), Florida Statutes . . . Similarly, section 720.305(1) authorizes courts to impose equitable remedies in disputes between homeowners . . . In addition to the excerpt cited above, section 720.305(1) provides, "The prevailing party in any such . . .

DWORK a k a M. v. EXECUTIVE ESTATES OF BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC., 219 So. 3d 858 (Fla. Dist. Ct. App. 2017)

. . . whether Executive Estates of Boynton Beach Homeowners Association , (“HOA”) was obligated under section 720.305 . . . As this is a matter of statutory interpretation, we review the application of section 720.305 de novo . . . At the time when HOA sent appellant the hearing notice, section 720.305(2)(b) provided that “[a] fine . . . Since section 720.305(2)(b) is clear and unambiguous, the statute must be strictly construed. . . . While section 720.305(2)(b) has since been amended, the fourteen-day notice provision has not. . . .

R. MACKENZIE v. CENTEX HOMES, By, 208 So. 3d 790 (Fla. Dist. Ct. App. 2016)

. . . Section 720.305, Florida Statutes (2015), provides any member of an HOA with the right to bring an action . . .

W. OLSON, v. PICKETT DOWNS UNIT IV HOMEOWNER S ASSOCIATION, INC., 205 So. 3d 869 (Fla. Dist. Ct. App. 2016)

. . . provision contained in the restrictive covenants that permitted such an award and. pursuant to section 720.305 . . . fees on counts one, two, and four based on the same provision of the restrictive covenants and section 720.305 . . . of attorney’s fees for counts one, two, and four pursuant to the restrictive covenants and section 720.305 . . .

SIDMAN, LLC, v. TRAVELERS CASUALTY AND SURETY,, 841 F.3d 1197 (11th Cir. 2016)

. . . slander of title and also demanded her attorney’s fees and costs, as permitted under Florida Statute § 720.305 . . . Kirkwood then filed a motion seeking her attorney’s fees and costs under § 720.305. . . .

A. AGRELO, M. v. AFFINITY MANAGEMENT SERVICES, LLC, a a a. k. a. P. A,, 841 F.3d 944 (11th Cir. 2016)

. . . . § 720.305(2).- -The homeowners refused to pay the fine, maintaining, among other points, that they . . .

UDICK, v. HARBOR HILLS DEVELOPMENT, L. P., 200 So. 3d 193 (Fla. Dist. Ct. App. 2016)

. . . The trial court awarded attorney’s fees to Appellees as the prevailing parties based on section 720.305 . . .

HIBBS GROVE PLANTATION HOMEOWNERS ASSOCIATION, INC. v. AVIV, 193 So. 3d 977 (Fla. Dist. Ct. App. 2016)

. . . The court also awarded Homeowners prevailing party attorney’s fees pursuant to section 720.305, Florida . . .

BLINN, v. WEST SHORE VILLAS OF NAPLES OWNERS ASSOCIATION, INC., 182 So. 3d 686 (Fla. Dist. Ct. App. 2015)

. . . The Association requested fees pursuant to (1) section 720.305(1), Florida Statutes (2013), which provides . . .

CULBREATH ISLES PROPERTY OWNERS ASSOCIATION, INC. M. LLC, v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,, 151 F. Supp. 3d 1282 (M.D. Fla. 2015)

. . . Cul-breath sued these parties under section 720.305, Florida Statutes, which contains a “prevailing party . . .

PEKLUN, v. TIERRA DEL MAR CONDOMINIUM ASSOCIATION,, 119 F. Supp. 3d 1361 (S.D. Fla. 2015)

. . . . § 720.305 (“Obligations of members; l'emedies at law or in equity; levy of fines and suspension of . . .

CULBREATH ISLES PROPERTY OWNERS ASSOCIATION, INC. M. LLC, v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,, 601 F. App'x 876 (11th Cir. 2015)

. . . Culbreath initiated both lawsuits pursuant to section 720.305, Florida Statutes, which contains a “prevailing . . . attorneys’ fees as a result of Culbreath’s decision to pursue lawsuits against the homeowners under section 720.305 . . . , whether the action is brought by the association or by any member against those listed in section 720.305 . . . Stat. § 720.305(1). . Sidman is the personal representative of the estate of Phyllis Kirkwood. . . .

CULBREATH ISLES PROPERTY OWNERS ASSOCIATION, INC. M. LLC, v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,, 982 F. Supp. 2d 1298 (M.D. Fla. 2013)

. . . Culbreath sued these parties under section 720.305, Florida Statutes, which contains a “prevailing party . . . As Travelers argues, fee-shifting provisions such as the one in section 720.305, Florida Statutes, at . . . homeowners, meaning fees would be awarded to the homeowners, as the prevailing parties, pursuant to section 720.305 . . .

J. ROSENBERG, v. METROWEST MASTER ASS N, INC., 116 So. 3d 641 (Fla. Dist. Ct. App. 2013)

. . . finding he was a “member” of the Master Association within the meaning of sections 720.301(10) and 720.305 . . . The Master Association thereafter moved for prevailing-party attorney’s fees pursuant to section 720.305 . . . Section 720.305(1) provides a cause of action for a “member” of a homeowners’ association to redress . . . Next, Rosenberg argues that, in determining whether he was liable for attorney’s fees under section 720.305 . . . In pertinent part, section 720.305(1) provides: Each member ... and each association, are governed by . . .

NEUTELEERS v. PATIO HOMEOWNERS ASSOCIATION, INC. a, 114 So. 3d 299 (Fla. Dist. Ct. App. 2013)

. . . Moreover, section 720.305(l)(b), Florida Statutes, provides that “[ajctions at law or in equity, or both . . .

TAHITI BEACH HOMEOWNERS ASSOCIATION, INC. v. G. PFEFFER, 52 So. 3d 808 (Fla. Dist. Ct. App. 2011)

. . . for the alleged violation of a “Homesite Construction Rule,” did not meet the requirements of section 720.305 . . . The caption to section 720.305 is “Obligations of members; remedies at law or in equity; levy of fines . . . Here, the pertinent amendments to section 720.305 did not specify that they would only be applicable . . .

GRAND OAKS HOMEOWNERS ASSOCIATION, INC. v. LEONPACHER, v., 8 So. 3d 381 (Fla. Dist. Ct. App. 2009)

. . . Section 720.305(1), Florida Statutes (2007), and Article XI, section 2 of GOHA’s declaration of covenants . . .

McDANIEL v. EDMONDS,, 990 So. 2d 9 (Fla. Dist. Ct. App. 2008)

. . . homeowner sought attorney’s fees pursuant to the declaration of covenants and restrictions and section 720.305 . . .

ALHAMBRA HOMEOWNERS ASSOCIATION, INC. a v. ASAD,, 943 So. 2d 316 (Fla. Dist. Ct. App. 2006)

. . . In the dismissed action, the Asads moved for attorney’s fees under section 720.305(1), Florida Statutes . . . The issue in this ease is whether the Asads were “prevailing parties” under section 720.305(1). . . . 718.303(1), Florida Statutes (1979), a statute containing “prevailing party” language similar to section 720.305 . . . The statute here at issue provides for an award of fees to the "prevailing party” in "litigation.” § 720.305 . . .

GREENACRE PROPERTIES, INC. v. K. RAO,, 933 So. 2d 19 (Fla. Dist. Ct. App. 2006)

. . . was the prevailing party in the litigation and thus entitled to attorneys’ fees pursuant to section 720.305 . . . Rao was entitled to statutory damages under section 720.305 in the amount of $500. . . . See § 720.305(1). . We note that Dr. . . .

C. BARATTA, Jr. v. VALLEY OAK HOMEOWNERS ASSOCIATION AT THE VINEYARDS, INC. a, 891 So. 2d 1063 (Fla. Dist. Ct. App. 2004)

. . . Prevailing parties in the litigation are entitled to recover attorney’s fees under section 720.305, Florida . . .

GULF LANDINGS ASSOCIATION, INC. v. J. HERSHBERGER,, 845 So. 2d 344 (Fla. Dist. Ct. App. 2003)

. . . of attorneys’ fees pursuant to the declaration of covenants and restrictions and pursuant to section 720.305 . . . Hershber-ger asserted section 720.305 as an additional ground for his claim for attorneys’ fees. . . .

J. LARSON, v. EAGLES NEST HOMEOWNERS ASSOCIATION, INC., 843 So. 2d 1016 (Fla. Dist. Ct. App. 2003)

. . . Renumbered as § 720.305 by Laws 2000, c.2000-258, § 51, eff. July 1, 2000. . . . .