The single most important thing to know before you take on a dispute with your association in Florida: are you in a condominium or a homeowners' association (HOA)? They are governed by different statutes, and they give you very different levels of state help. Condos fall under Florida Statute Chapter 718, and DBPR's Division of Florida Condominiums actively regulates them. HOAs fall under Chapter 720, and DBPR has almost no power to help. This page routes you to the right path.
How to tell which one you are in
- Condominium (Chapter 718): You own a "unit" plus an undivided share of the "common elements." You do not own the land under your unit; you own airspace and a share of the whole. Your governing document is a "Declaration of Condominium." Think high-rises, mid-rises, and many townhouse-style and villa communities that were legally created as condominiums.
- HOA (Chapter 720): You own a lot and the house on it in fee simple, and the association manages shared areas and enforces covenants. Your governing document is a "Declaration of Covenants" (often called CC&Rs). Think single-family subdivisions and many planned communities.
If you are unsure, look at your governing documents. The word "condominium" in the recorded declaration is the tell. When in doubt, a title company or your closing documents will say.
The DBPR fork: why the difference matters
This is the whole point.
If you are in a condominium: the state is on your side in a meaningful way.
- DBPR's Division of Florida Condominiums takes complaints on form 33-032 and must contact the association within 30 days.
- After turnover, DBPR investigates financial issues, elections, and records access.
- There is a Condominium Ombudsman (Florida Statute 718.5012) to help you understand your rights.
- You have an election-monitor right: 15 percent of voting interests or 6 owners can petition for a neutral, association-paid monitor.
- Election and recall disputes go to DBPR binding arbitration under 718.1255.
If you are in an HOA: you are mostly on your own.
- DBPR does not regulate HOA operations the way it does condos. There is no equivalent complaint-and-investigate process for most HOA disputes.
- Your remedies are generally pre-suit mediation and the courts under Chapter 720.
- Many of the same underlying protections exist (records access, fine limits, notice rules), but enforcement usually means hiring a lawyer and going to court, not filing a state complaint.
Same problem, very different tools to address it. That is why the first question is always "condo or HOA?"
Where the rules are similar
Both condos and HOAs in Florida give owners records-access rights, fine limits with notice and hearing requirements, meeting-notice rules, and protections around assessments and liens. The figures and deadlines differ between Chapter 718 and Chapter 720, so always check the chapter that governs your community. But the biggest practical gap is not the rules on paper, it is who enforces them.
Step by step: find your path
- Confirm your type. Read your recorded declaration. "Condominium" means Chapter 718. "Covenants" for lots and homes usually means Chapter 720 (HOA).
- If you are a condo owner, use the condo guides on this site: records access, fines, meetings and elections, assessments, milestone and SIRS, estoppel, and complaints. Your escalation tool is DBPR form 33-032 (/documents/dbpr-complaint-guide).
- If you are an HOA owner, use the HOA guides. Your escalation usually runs through pre-suit mediation and the courts, not DBPR.
- Either way, start with a records request to build your evidence (/documents/records-inspection-request).
What you can do next
Confirm whether your recorded declaration is a "Declaration of Condominium" (Chapter 718) or a "Declaration of Covenants" (Chapter 720, HOA), then follow the matching guides. Condo owners have a powerful escalation tool in DBPR form 33-032 (/documents/dbpr-complaint-guide); HOA owners generally rely on mediation and court.