When reviewing Florida HOA vs. Condo Rules, it is very common for residents in Florida to confuse Homeowners Associations (HOAs) with Condominium Associations because both involve living in a managed community. However, they are governed by two entirely separate chapters of Florida law, each with distinct requirements:
| Feature | Garden Patio Villas HOA (F.S. 720) | Condominium Association (F.S. 718) |
| Property Ownership | Members hold deeded ownership of their individual lot and home structure; the HOA owns common areas. | Members own air space/interior of the unit plus an undivided fraction of common elements. |
| Elections & Secret Ballots | Elections defer to HOA Governing Documents. Garden Patio Villa’s Bylaws do not require secret ballot voting rules. | Secret ballots using a mandatory double-envelope system are strictly required by state law. |
| Use of Proxies in Elections | General and limited proxies are permitted for board elections unless the HOA’s governing documents explicitly prohibit them. | Voting for directors by proxy is prohibited by statute. |
| Reserve Account Funding | Reserve funding is required at Garden Patio Villas because the original developer established and funded the association with reserve accounts, obligating the community to maintain them. | Strict statutory reserve mandates (including mandatory Structural Integrity Reserve Studies). |
| State Regulatory Oversight | No state regulatory oversight agency; disputes are resolved through mandatory pre-suit mediation or court. | Heavily regulated by the DBPR Division of Florida Condominiums, Timeshares, and Mobile Homes. |
In an HOA (Chapter 720), the Florida Legislature gives communities flexibility, deferring primarily to the Association’s specific Governing Documents. Because Garden Patio Villa’s Bylaws do not require secret ballot voting rules, the Board is not required to follow condo-style secret envelope procedures. Standard voting mechanisms and proxies allowed under Chapter 720 and your Bylaws remain fully legal and valid.
In contrast, Condo Associations (Chapter 718) must adhere to a rigid state-mandated voting system using inner secret envelopes, outer signed envelopes, and strict candidate nomination deadlines.
While Chapter 720 leaves reserve funding largely up to an HOA’s Governing Documents, reserve funding is required for Garden Patio Villas. Because the original developer initially funded the association with reserve accounts, the obligation to maintain and fund reserves carries forward under the community’s governing framework.
When former condo owners express concern about processes like voting or governing rules, Chapter 720 (HOA Law) applies, not Chapter 718 (Condo Law). Garden Patio Villas operates in full compliance with Chapter 720 and its own Governing Documents.
