Comparison · HOA & Condo
Florida Chapter 718 vs Chapter 720
Condominium Act vs Homeowners' Association Act — how they differ
Florida governs condominium associations under Chapter 718 and homeowners' associations under Chapter 720. Both statutes are substantial and amended frequently. Chapter 718 is more prescriptive — particularly post-Surfside — while Chapter 720 leaves more to the governing documents.
| Dimension | Chapter 718 (Florida Condominium Act) | Chapter 720 (Florida HOA Act) |
|---|---|---|
| Property type | Condominium (units within shared building or buildings) | HOA (single-family or townhome subdivisions with covenants) |
| Reserves | Mandatory reserves for SIRS-covered components; waivers prohibited | Reserves required but can be waived by owner vote |
| SIRS requirement | Yes — Fla. Stat. § 718.112 (3+ story buildings) | Not applicable |
| Milestone inspection | Yes — at 25 or 30 years depending on location | Not applicable |
| Dispute mediation prerequisite | § 718.1255 pre-suit mediation often required | § 720.311 mediation/arbitration framework |
| Covenant enforcement fee shifting | § 718.303 — prevailing party | § 720.305 — prevailing party |
| Anti-SLAPP for owner critics | Limited specific protections | § 720.304(4) — explicit anti-SLAPP |
| Developer turnover trigger | § 718.301 — tied to percentage of units sold | § 720.307 — tied to percentage of units sold or first sale window |
| Termination | § 718.117 — bulk-sale termination (post-Surfside revised) | Not directly addressed; governing documents control |
For boards, the key practical difference is reserve and inspection compliance — Chapter 718 imposes affirmative obligations that Chapter 720 does not. For owners, the dispute pathway differs (§ 718.1255 mediation vs. § 720.311 framework), and the fee-shifting exposure on losing claims is substantial in both regimes.
The practical Florida-Panhandle implication: Gulf-front condominium towers face SIRS deadlines, milestone inspections, and (post-Surfside) revised termination economics. 30A master associations and mainland subdivisions operate under Chapter 720's lighter framework with more flexibility but less statutory clarity when disputes arise.