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FLORIDA HOMEOWNERS’ RIGHTS

 

LEGAL INFORMATION DISCLAIMER

 

Neighbors for Accountability is a resident-run website. Its organizers are not attorneys, and this website does not provide legal advice or legal representation.

 

This page contains selected excerpts from Florida law for general informational purposes. Ellipses (...) show where statutory language has been omitted. The excerpts may omit provisions, definitions, exceptions, and procedures that affect a homeowner’s rights.

 

Laws may change, and their application may depend on the facts, the Association’s governing documents, and court decisions. Use the links provided to review each statute in full on the Florida Senate’s website. Consult a Florida-licensed attorney for advice concerning a specific dispute, remedy, or deadline. Visiting or contacting this website does not create an attorney-client relationship.

 

THE BOARD’S FIDUCIARY DUTY

 

Florida Statutes § 720.303(1)

 

Statutory excerpt:

 

“...The officers and directors of an association are subject to s. 617.0830 and have a fiduciary relationship to the members who are served by the association....”

 

Full statute:

https://www.flsenate.gov/Laws/Statutes/2026/720.303

 

Florida Statutes § 617.0830(1)-(2)

 

Statutory excerpts:

 

“...shall act: (a) In good faith; and (b) In a manner such director reasonably believes is in the best interests of the corporation.”

 

“...shall discharge their duties with the care that an ordinary prudent person in a like position would reasonably believe appropriate under similar circumstances.”

 

Full statute:

https://www.flsenate.gov/Laws/Statutes/2026/617.0830

 

RIGHT TO INSPECT ASSOCIATION RECORDS

 

Florida Statutes § 720.303(5)

 

Statutory excerpts:

 

“...the official records must be maintained within this state for at least 7 years and be made available to a parcel owner...”

 

“...within 10 business days after receipt by the board or its designee of a written request from the parcel owner.”

 

“...may not require a parcel owner to demonstrate any proper purpose for the inspection, state any reason for the inspection...”

 

Full statute:

https://www.flsenate.gov/Laws/Statutes/2026/720.303

 

RIGHT TO RECALL AND REMOVE BOARD MEMBERS

 

Florida Statutes § 720.303(10)

 

Statutory excerpt:

 

“...any member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests.”

 

The remainder of subsection (10) contains the procedures governing recall ballots, service, certification, replacement directors, and recall disputes.

 

Full statute:

https://www.flsenate.gov/Laws/Statutes/2026/720.303

 

FAIR AND EQUITABLE ENFORCEMENT

 

Florida Statutes § 720.3035(1)(a)

 

Statutory excerpt:

 

“...must reasonably and equitably apply and enforce on all parcel owners the architectural and construction improvement standards authorized by the declaration of covenants...”

 

Florida Statutes § 720.3035(4)(a)

 

Statutory excerpt:

 

“...must provide written notice to the parcel owner stating with specificity the rule or covenant on which the association or committee relied...”

 

Florida Statutes § 720.3035(5)

 

Statutory excerpt:

 

“Neither the association nor any architectural, construction improvement, or other such similar committee of the association shall enforce any policy or restriction that is inconsistent...”

 

Full statute:

https://www.flsenate.gov/Laws/Statutes/2026/720.3035

 

NOTE ABOUT SELECTIVE ENFORCEMENT

 

Section 720.3035 expressly requires reasonable and equitable enforcement of architectural and construction improvement standards. Florida’s broader selective-enforcement doctrine also arises from court decisions and is not contained in one general provision of Chapter 720.

 

Statutes reviewed September 23, 2026. Use the links above to confirm the current statutory language.