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The Florida Statutes

The 2003 Florida Statutes

Title XL
Chapter 720
View Entire Chapter
Section 720.302, Florida Statutes 2003

720.302  Purposes, scope, and application.--

(1)  The purposes of ss. 720.301-720.312 are to give statutory recognition to corporations not for profit that operate residential communities in this state, to provide procedures for operating homeowners' associations, and to protect the rights of association members without unduly impairing the ability of such associations to perform their functions.

(2)  The Legislature recognizes that it is not in the best interest of homeowners' associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners' associations. Further, the Legislature recognizes that certain contract rights have been created for the benefit of homeowners' associations and members thereof before the effective date of this act and that ss. 720.301-720.312 are not intended to impair such contract rights, including, but not limited to, the rights of the developer to complete the community as initially contemplated.

(3)  Sections 720.301-720.312 do not apply to:

(a)  A community that is composed of property primarily intended for commercial, industrial, or other nonresidential use; or

(b)  The commercial or industrial parcels in a community that contains both residential parcels and parcels intended for commercial or industrial use.

(4)  Sections 720.301-720.312 do not apply to any association that is subject to regulation under chapter 718, chapter 719, or chapter 721; or to any nonmandatory association formed under chapter 723.

(5)  Unless expressly stated to the contrary, corporations not for profit that operate residential homeowners' associations in this state shall be governed by and subject to chapter 617 and this chapter. This subsection is intended to clarify existing law.

History.--s. 34, ch. 92-49; s. 53, ch. 95-274; s. 45, ch. 2000-258; s. 11, ch. 2003-14.

Note.--Former s. 617.302.

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