CAMs frequently manage mixed portfolios: some single-family HOA communities governed by F.S. Chapter 720, some condominium associations governed by F.S. Chapter 718. The two statutes look similar at a glance and diverge in ways that matter every week. Treating a condo procedure as HOA procedure (or vice versa) produces the same procedural-defect fact pattern that lost three of the top- five-mistakes cases. This post lays out the structural differences.
Which statute controls which property?
Two tests decide:
- Is the property a condominium as defined by F.S. 718.103(8)? A condo is a form of ownership where unit owners hold title to the "unit" (the defined cubic space of their dwelling) plus an undivided interest in common elements. If yes, Chapter 718 governs.
- Is the property a homeowners' association subject to F.S. 720.301 definitions? Mandatory membership + lien authority + Florida-corporation. If yes, Chapter 720 governs.
A few communities sit in both frameworks (a condo complex that also has an HOA layer for shared amenity management). In that case, both chapters apply to their respective surfaces.
"Where do the two statutes diverge?"
Six operational areas where boards routinely cross-apply the wrong rule:
1. Voting quorum
- Chapter 720 (HOA): Quorum is 30 percent of total voting interests unless the bylaws specify a lower number (F.S. 720.306(1)(a)).
- Chapter 718 (condo): Quorum is a majority of voting interests unless the declaration specifies otherwise (F.S. 718.112(2)(b)).
Operational impact: HOA annual meetings routinely fail to achieve quorum under 30 percent; condo meetings rarely because majority is the default. Boards accustomed to one get the wrong answer on the other.
2. Reserves
- Chapter 720: Reserves are permissive unless the declaration requires them. Members may waive by majority-of-total vote annually (F.S. 720.303(6)(f)).
- Chapter 718: Reserves are MANDATORY for specific categories (roof replacement, building painting, pavement resurfacing) per F.S. 718.112(2)(f). Members may waive by majority-of-those-voting annually, but post-Surfside 2022 reforms restrict the waiver to partial rather than total.
Operational impact: a condo CAM who applies HOA waiver thresholds exposes the board to the post-Surfside structural-integrity-reserve enforcement penalties.
3. Fine caps
- Chapter 720: $100 per violation, $1,000 aggregate, unless the declaration provides otherwise (F.S. 720.305(2)).
- Chapter 718: $100 per violation, $1,000 aggregate, but many declarations specify lower caps (F.S. 718.303(3)).
Largely parallel, but some condo declarations carry lower operative caps that HOA-accustomed boards miss.
4. Hurricane + emergency powers
- Chapter 720: F.S. 720.316 governs emergency authority.
- Chapter 718: F.S. 718.1265 governs emergency authority with condo-specific provisions for hurricane shutters, unit entry, and post-Surfside structural inspections.
The two emergency-power frameworks are parallel but not identical. A CAM operating under F.S. 720.316 as if it were F.S. 718.1265 misses condo-specific unit-entry authority.
5. Records access
- Chapter 720: 10 business days per F.S. 720.303(5)(a).
- Chapter 718: 10 business days per F.S. 718.111(12).
Parallel windows. Different carve-out lists. The condo chapter includes unit-specific personal-information protections not in Chapter 720.
6. Collection + foreclosure
- Chapter 720: F.S. 720.3085 lien + 45-day pre-foreclosure notice.
- Chapter 718: F.S. 718.116 lien + 30-day pre-foreclosure notice.
The 15-day difference matters on collection-timing decisions. A condo attorney using the HOA 45-day window wastes two weeks; an HOA attorney using the condo 30-day window misses the statutory floor and hands the owner a procedural-defect defense.
"What about mixed-tenure CAMs?"
Three operational practices for CAMs running mixed HOA + condo portfolios:
- Per-tenant framework label in the CAM's workflow software. Tag each community as HOA (Ch. 720) or condo (Ch. 718) or mixed + route operational checklists accordingly.
- Separate CE + training tracks. Chapter 718 changes frequently (post-Surfside reforms landed through 2023 + ongoing regulation updates). Chapter 720 changes less but the delta creates drift if the CAM does not track both.
- Dedicated counsel for each framework. A HOA-specialist attorney is not automatically a condo-specialist attorney. The litigation case-law paths diverge meaningfully, especially on structural-integrity + insurance matters.
Why this post exists
HOAStream is scoped to Chapter 720 (HOAs). Chapter 718 (condos) is a companion product planned for 2026. Communities under both chapters need separate tools; a unified "FL community statute" product would sacrifice the precision each framework requires. Nothing in this post or in the product is legal advice.
If you operate a Chapter 720 HOA portfolio + want a cited statute + declaration quote in under 500 milliseconds, sign up at /cam or /board. If you operate a mixed HOA + condo portfolio, reach out + we'll let you know when the condo product is ready.