In Florida, Homeowners Associations (HOAs) come in several forms, each with different legal structures, powers, and responsibilities. Here’s a clear breakdown of the main types of associations and their key differences:
🏡 1. Homeowners Association (HOA)
Governing Law: Florida Statute Chapter 720
Applies to:
Single-family home communities or subdivisions.
Key Points:
Owns and maintains common areas (e.g., parks, entrances, roads if private).
Enforces community rules and architectural standards (paint colors, landscaping, fences, etc.).
Homeowners own their lot and home outright, including the land underneath.
Membership is mandatory for property owners in the community.
Board is elected by members and must hold regular meetings, budgets, and reports.
Can place liens or foreclose on properties for unpaid assessments.
Example:
A gated community of single-family homes with a clubhouse and private roads.
🏢 2. Condominium Association
Governing Law: Florida Statute Chapter 718
Applies to:
Condominiums — multi-unit buildings where owners have an individual unit but share ownership of common elements.
Key Points:
Owners hold title to their individual unit and a shared interest in the building and land.
The association maintains exterior walls, roof, hallways, pools, etc.
Monthly condo fees cover maintenance, insurance, and reserves.
The board has broad powers to manage shared property.
Subject to more state regulation and financial reporting than HOAs.
Disputes often go through the Division of Florida Condominiums for mediation.
Example:
A high-rise condo in Naples with shared pool, gym, and parking garage.
🏘️ 3. Cooperative Association (Co-op)
Governing Law: Florida Statute Chapter 719
Applies to:
Buildings or communities where a corporation owns the property, and residents own shares in the corporation rather than the real estate itself.
Key Points:
Owners receive a proprietary lease to occupy their unit.
The co-op association owns the entire property.
More common in older buildings or certain 55+ communities.
Approval processes for sales and rentals are often stricter than in condos.
Financing can be trickier because buyers purchase shares, not real estate.
Example:
A waterfront retirement community in Fort Myers operated as a co-op.
🏖️ 4. Community Development District (CDD)
Governing Law: Florida Statute Chapter 190
Applies to:
Large master-planned communities or developments with public infrastructure (roads, sewers, amenities).
Key Points:
CDDs are quasi-governmental entities, not traditional HOAs.
Funded by assessments on property tax bills.
Oversees long-term infrastructure maintenance and community improvements.
Often coexists with an HOA — the CDD maintains infrastructure, while the HOA manages community rules.
Example:
A large planned development like Ave Maria, with both a CDD and an HOA.
