Who regulates HOAs in Florida?

In Florida, homeowners associations (HOAs) are primarily governed by Chapter 720 of the Florida Statutes, known as the Florida Homeowners Association Act. This statute outlines the formation, operation, and powers of HOAs, including rules on assessments, board meetings, recordkeeping, and dispute resolution.

Condominium associations are regulated by the Florida Department of Business and Professional Regulation (DBPR) through its Division of Florida Condominiums, Timeshares, and Mobile Homes. However, the DBPR doesn’t regulate HOAs in the same way. The DBPR’s authority over HOAs is primarily confined to binding arbitration of election and recall disputes.

This means that while HOAs must comply with state laws, the mechanisms for oversight and enforcement are more limited and often rely on actions initiated by homeowners themselves. If an HOA violates its governing documents or state law, homeowners typically need to address the issue through private legal action, such as mediation, arbitration, or litigation. ​

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Key laws regulating HOAs in Florida

Florida’s HOA enforcement structure is a team effort, but every player has a clearly defined role under Chapter 720, which is central to understanding who regulates HOAs in Florida:

• Florida Homeowners Association Act (Chapter 720, Florida Statutes): Sets the core rules for every HOA: board powers, elections, member rights, records access, budgeting, fining, and dispute resolution requirements.
   
• House Bill 1203 (2024 Session): Amends Chapter 720 to mandate the online posting of budgets, contracts, and governing documents for HOAs with 100+ parcels, and introduces criminal penalties for certain forms of misconduct within association management.
   
• Election & recall arbitration (§ 720.303 and 720.306): Grants the DBPR authority to run binding arbitration for HOA election and recall contests.
   
• Pre-suit mediation statute (§ 720.311): Requires most covenant enforcement, assessment, and document interpretation disputes to go to certified mediation before anyone can sue, effectively making mediation the first enforcement stop for non-election issues.
   
• Not For Profit Corporations Act (Chapter 617, Florida Statutes): Because most HOAs are nonprofit corporations, this chapter supplies the corporate framework (articles of incorporation, director duties, meeting notice basics, etc.) that Chapter 720 builds upon for regulating HOAs in Florida.
   

Who enforces Florida’s HOA laws?

In Florida, the enforcement of laws affecting HOAs largely depends on the specific statute. Florida’s HOA enforcement structure is a team effort, but every player has a clearly defined role under Chapter 720:

1. The HOA board: Boards generally carry day-to-day policing power, and typically have the authority to levy fines and suspend common area use rights when owners break the covenants. Before any fine or suspension becomes effective, the board is generally required to provide written notice within a specific timeframe established by law and hold a separate hearing before an independent committee.
    
2. DBPR arbitration: If there’s a dispute over an HOA election or a recall attempt, the DBPR steps in via binding arbitration before the Division of Florida Condominiums, Timeshares & Mobile Homes.
    
3. Pre-suit mediation: For covenant enforcement, assessment, or records access disputes, Florida law requires homeowners and associations to attempt pre-suit mediation with a Florida Supreme Court-certified mediator before pursuing legal action. Mediation offers both parties the opportunity to reach a resolution outside of court. If mediation is unsuccessful, the parties may then proceed through the court system as appropriate.
    
4. Circuit courts: When mediation does not result in a resolution, or when a homeowner seeks certain legal remedies, the matter may proceed to circuit court. Judges have the authority to compel compliance with governing documents or applicable laws and may award damages or attorney fees when appropriate. In some cases, the court may also review or enforce DBPR arbitration decisions, depending on how statutory procedures were followed.

Because HOA-related legal disputes can be highly fact-specific, consulting with a qualified attorney is recommended when navigating enforcement procedures and understanding laws regulating HOAs in Florida.
 

Who enforces HOA rules?

The enforcement of an HOA's community rules is primarily handled by the association's board of directors. When considering who regulates HOAs in Florida, it’s important to recognize that, while the DBPR oversees certain educational and dispute resolution components, the day-to-day enforcement of community rules typically rests with the board itself.

Boards generally have the authority to levy fines, suspend usage rights, and initiate enforcement actions as outlined in their governing documents and consistent with laws regulating HOAs in Florida. Enforcement actions must comply with due process requirements, including providing notice and an opportunity for a hearing before a fine or suspension is imposed. Boards should consult legal counsel to support compliance with both statutory and governing document requirements.
 

How are HOA complaints handled in Florida?

In Florida, HOA complaints are typically handled directly by the association’s board of directors. Boards are responsible for upholding the community’s governing documents and maintaining compliance with Florida law. Resident concerns are usually directed to the board or the community’s property manager for review and follow-up.

Most issues are addressed through written communication or during board meetings, where they can be discussed and resolved in a transparent and structured setting. Boards are expected to respond to inquiries within reasonable timeframes, particularly when questions involve access to records or obligations outlined in the association’s documents.

Many boards work closely with their property management partners to help track and respond to complaints, support clear communication, and provide administrative assistance.
 

How property management companies support compliance

Experienced property management companies play a key role in helping boards stay organized, responsive, and aligned with Florida’s HOA statutes. While the board retains decision-making authority, managers bring specialized knowledge that can help streamline daily operations and reduce the risk of missed deadlines or overlooked responsibilities.

From preparing meeting notices and maintaining records to supporting compliance with reporting requirements, a strong management partner helps simplify the complex and make board service more manageable. With the right guidance and tools, boards can focus on their priorities and build confidence in every decision.
To learn how our team can support your board and simplify your operations, contact us today.