Florida Condo and HOA Disputes: Your Rights as an Owner

Florida condominium owners are protected by Chapter 718 of the Florida Statutes and homeowners in an HOA by Chapter 720. Both give owners the right to see the association's records within 10 days of a written request, to attend and speak at board meetings, and to a hearing before an independent committee of owners before any fine; fines are capped at $100 per violation and $1,000 in total unless an HOA's documents allow more. Many disputes must go through mediation or state arbitration before a lawsuit. This guide sets out each right, the deadlines, and the step-by-step way to challenge an association, with the differences between condos and HOAs side by side.

This guide is general information, not legal advice. Your association's declaration and bylaws also matter; read them and speak to a Florida community association lawyer about a dispute.

The short version

Records: the association must make official records available within 10 working days (condo) or 10 business days (HOA) of a written request, or owe at least $50 a day for up to 10 days.
Fines: no fine without 14 days' written notice and a hearing before a committee of at least 3 owners who are not board members or their relatives.
Caps: $100 per violation and $1,000 in total for a continuing violation (HOA documents can set higher amounts).
A condo fine can never become a lien on the unit; an HOA fine under $1,000 cannot either.
Meetings: owners may attend board meetings and speak on agenda items; notice must be posted 48 hours ahead.
Before suing, many condo disputes go to the state's nonbinding arbitration, and many HOA disputes need presuit mediation.

Condo vs HOA rights at a glance

Right	Condominium (Ch. 718)	HOA (Ch. 720)
Access to records	10 working days after a written request	10 business days after a written request (send it by certified mail to create the presumption of willful failure)
Minimum damages for denied records	$50 per calendar day, up to 10 days	$50 per calendar day, up to 10 days
Board meeting notice	Posted 48 continuous hours before; 14 days for special assessments and rule changes on unit use	Posted 48 hours before, or mailed 7 days before
Fine limits	$100 per violation, $1,000 total	$100 per violation, $1,000 total, unless the documents provide otherwise
Fine as a lien	Never	Not if under $1,000
Fine hearing	14 days' notice; independent committee of 3	14 days' notice; committee of 3; hearing within 90 days; can be by phone
When the fine is due	5 days after notice of the approved fine	At least 30 days after the committee's written decision
Before a lawsuit	Nonbinding arbitration with the state for many disputes	Presuit mediation for many disputes; state arbitration for elections and recalls
Source	ss. 718.111, 718.112, 718.303, 718.1255	ss. 720.303, 720.305, 720.311

How do I get my association's records?

Send a written request to the board; the association must make the official records available within 10 working days (condo) or 10 business days (HOA), within 45 miles of the community or in the same county. Records posted on the association's website or app satisfy the request if you are directed to them. A condo association must also give you a checklist of the records it is making available.

If it does not respond in time, Florida law presumes the failure was willful, and you are entitled to your actual damages or minimum damages of $50 a day, starting on the 11th working (or business) day, for up to 10 days, which is up to $500 (ss. 718.111(12), 720.303(5)). If you have to go to court to see the records and win, you can recover your attorney fees. For an HOA, send the request by certified mail, return receipt requested, to create the presumption.

Can the association fine me?

Yes, for violating the declaration, bylaws or reasonable rules, but only after 14 days' written notice and a hearing before a committee of at least three owners who are not officers, directors or employees, or their close relatives; if the committee does not approve the fine by majority vote, it cannot be imposed.

Amount: up to $100 per violation; for a continuing violation it can be charged daily, but no more than $1,000 in total, unless an HOA's documents allow more (ss. 718.303(3), 720.305(2)).
HOA cure rule: if you cure the violation before the hearing, or as the notice explains, no fine or suspension may be imposed (s. 720.305(2)(e)).
HOA payment date: an approved fine is due at least 30 days after the committee's written decision, and the association cannot charge you attorney fees for its actions before that date.
Suspensions: the association can suspend use of common facilities, but not access to your unit or parcel, utilities, or (for HOAs) parking.

Can I attend and speak at board meetings?

Yes. Owners may attend all board meetings and speak on every item on the agenda; condo owners may also record them. Notice with the agenda must be posted at least 48 continuous hours before a condo board meeting, and 14 days before a meeting that will consider a nonemergency special assessment or a rule on unit use (s. 718.112(2)(c)). An HOA must post notice 48 hours ahead, or mail it 7 days ahead (s. 720.303(2)). Associations may adopt reasonable rules on how long owners may speak.

What happens if I fall behind on assessments?

Unpaid assessments can become a lien on your home and the association can foreclose, but only after written notice periods set by statute. An HOA must first send a demand giving 45 days to pay before recording a claim of lien (s. 720.3085). For a condo, a foreclosure judgment cannot be entered until at least 45 days after the association's written notice of intent to foreclose (s. 718.116(6)(b)). The association can also recover reasonable attorney fees, so contact it early to agree on a payment plan.

How do I challenge my association?

Put the complaint in writing, use the internal hearing and records rights, then the state's dispute processes, and only then go to court.

Write to the board, citing the provision of the declaration, bylaws or statute you rely on, and keep a copy.
Request the records you need, in writing, and note the 10-day deadline.
Condo disputes over the board's authority to require you to act, alterations of common elements, elections, meeting notice and conduct, or access to records generally go first to nonbinding arbitration by the Division of Florida Condominiums, Timeshares and Mobile Homes (s. 718.1255). Disputes over assessments, title, warranty claims, evictions, breach of fiduciary duty and damage claims are excluded.
HOA disputes over covenant enforcement, use of or changes to a parcel or common areas, amendments, meetings and records access require a written demand for presuit mediation before a lawsuit; election and recall disputes go to state arbitration or court (s. 720.311). Serving the demand pauses the statute of limitations.
Court: if the dispute is not resolved, a lawsuit may follow; in many association cases the prevailing party recovers attorney fees, which raises the stakes for both sides.

Who can help condo owners for free?

Florida's Office of the Condominium Ombudsman helps condo owners understand their rights and can assist with disputes and elections (s. 718.5011). The Division of Florida Condominiums, Timeshares and Mobile Homes also accepts complaints about condominium associations. HOAs are not regulated by that division in the same way, so HOA owners rely more on mediation and the courts.

How do I choose a condo or HOA lawyer?

Choose a lawyer who regularly represents owners, not only associations, and ask whether your dispute requires arbitration or mediation first. The Florida Bar certifies lawyers in condominium and planned development law after peer review and an exam. Compare real estate lawyers in our rankings for Miami, Coral Gables, Fort Lauderdale, Orlando, Tampa and Jacksonville. Storm damage to common elements is covered in hurricane insurance claims in Florida.

Checklist for an owner in a dispute

Get copies of the declaration, bylaws, rules and recent minutes.
Send every request and complaint in writing; for an HOA records request, use certified mail.
Calendar the 10-day records deadline and the 14-day fine notice period.
Attend the fine hearing, in person or by phone, with photos and documents.
Keep paying assessments while you dispute a fine or decision, to avoid a lien.
Before suing, check whether arbitration (condo) or presuit mediation (HOA) is required.

Frequently asked questions

How much can an HOA fine me in Florida?

Up to $100 per violation and $1,000 in total for a continuing violation, unless your HOA's governing documents set a different amount, and only after 14 days' notice and a committee hearing.

Can my condo association put a lien on my unit for a fine?

No. Under section 718.303(3) a condo fine may not become a lien against a unit. Unpaid assessments, however, can.

How long does my association have to give me records?

Ten working days for a condo and ten business days for an HOA after it receives your written request; after that you can claim at least $50 a day for up to 10 days.

Can the board meet in secret?

No. Board meetings where a quorum conducts association business are open to owners, with posted notice. Meetings with the association's lawyer about litigation are a limited exception.

Do I have to mediate before suing my HOA?

For disputes about covenant enforcement, use of property, amendments, meetings and records access, yes: you must serve a demand for presuit mediation first. Collection of assessments and election disputes follow other rules.

What is the condominium ombudsman?

A state office that helps condo owners with questions and disputes, and can monitor elections, free of charge.