A homeowner speaks at a county commission meeting about drainage problems in the neighborhood. The board doesn't like the public criticism. A letter from the HOA's attorney arrives the following week threatening litigation. F.S. 720.304 has two separate penalties designed to stop exactly this.
What the statute says
The right-to-petition protection sits in F.S. 720.304(4)(a):
Each member of the association and each association shall have the right to peaceably assemble and the right to petition for redress of grievances before the various governmental entities having jurisdiction over the homeowners' association.
The treble-damages provision follows in F.S. 720.304(4)(c):
Any person who is sued by an association or any representative thereof in violation of this subsection may be entitled to recover treble the amount of the actual damages, together with such additional relief as the court deems proper, including injunctive relief.
And the funding prohibition in F.S. 720.304(4)(d):
Association funds may not be used to prosecute any action permitted under this subsection.
What this means in practice
Treble damages means three times the actual damages. If the homeowner proves the retaliatory lawsuit cost them $15,000 in legal fees and lost wages, the court may award $45,000. The multiplier exists to make SLAPP suits (Strategic Lawsuits Against Public Participation) economically irrational for the filer.
The funding prohibition in subsection (d) compounds the risk. The $20,000 to $50,000 it typically costs to litigate a civil action cannot come from assessments, reserves, or operating funds. In practice, that means the individual board members who authorized the suit may be writing personal checks to litigation counsel. The association's D&O policy almost certainly excludes coverage for actions the statute explicitly prohibits the association from funding.
Common failure modes
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The board calls it "covenant enforcement" instead of a SLAPP suit. The label does not control the analysis. If the triggering event was the homeowner's speech at a government meeting, the court looks at substance, not the caption on the complaint.
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The board uses association funds and plans to "reimburse later." The statute says funds "may not be used to prosecute." There is no carve-out for temporary advances or reimbursement arrangements.
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The board assumes the homeowner won't fight back. Once an attorney sees a clear SLAPP fact pattern with a treble-damages statute, the case becomes attractive on a contingency basis. The economics flip.
Bottom line
F.S. 720.304 protects a homeowner's right to speak at government meetings. A board that retaliates with litigation faces triple damages, cannot use association funds to pay for the suit, and may leave individual directors personally exposed. Before authorizing any legal action tied to a homeowner's government testimony, the board should have its attorney confirm that F.S. 720.304(4) does not apply.
Why this post exists
HOAStream surfaces the full text of F.S. 720.304 alongside your community's governing documents so the CAM team and the board can identify SLAPP-suit risk before it becomes a problem. Nothing in this post or in the product is legal advice. For a specific dispute where treble damages may be in play, a retained Florida HOA attorney is the right call.
The CAM walkthrough is at /cam; the board walkthrough is at /board.