720.301 Definitions.—As used in this chapter, the term:
(1)
“Assessment” or “amenity fee” means a sum or
sums of money payable to the association, to the
developer or other owner of common areas, or to
recreational facilities and other properties
serving the parcels by the owners of one or more
parcels as authorized in the governing
documents, which if not paid by the owner of a
parcel, can result in a lien against the parcel.
(2) “Common area” means all real property within
a community which is owned or leased by an
association or dedicated for use or maintenance
by the association or its members, including,
regardless of whether title has been conveyed to
the association:
(a) Real property the use of which is dedicated
to the association or its members by a recorded
plat; or
(b) Real property committed by a declaration of
covenants to be leased or conveyed to the
association.
(3) “Community” means the real property that is
or will be subject to a declaration of covenants
which is recorded in the county where the
property is located. The term “community”
includes all real property, including
undeveloped phases, that is or was the subject
of a development-of-regional-impact development
order, together with any approved modification
thereto.
(4) “Declaration of covenants,” or
“declaration,” means a recorded written
instrument or instruments in the nature of
covenants running with the land which subject
the land comprising the community to the
jurisdiction and control of an association or
associations in which the owners of the parcels,
or their association representatives, must be
members.
(5) “Department” means the Department of
Business and Professional Regulation.
(6) “Developer” means a person or entity that:
(a) Creates the community served by the
association; or
(b) Succeeds to the rights and liabilities of
the person or entity that created the community
served by the association, provided that such is
evidenced in writing.
(7) “Division” means the Division of Florida
Condominiums, Timeshares, and Mobile Homes in
the Department of Business and Professional
Regulation.
(8) “Governing documents” means:
(a) The recorded declaration of covenants for a
community and all duly adopted and recorded
amendments, supplements, and recorded exhibits
thereto; and
(b) The articles of incorporation and bylaws of
the homeowners’ association and any duly adopted
amendments thereto.
(9) “Homeowners’ association” or “association”
means a Florida corporation responsible for the
operation of a community or a mobile home
subdivision in which the voting membership is
made up of parcel owners or their agents, or a
combination thereof, and in which membership is
a mandatory condition of parcel ownership, and
which is authorized to impose assessments that,
if unpaid, may become a lien on the parcel. The
term “homeowners’ association” does not include
a community development district or other
similar special taxing district created pursuant
to statute.
(10) “Member” means a member of an association,
and may include, but is not limited to, a parcel
owner or an association representing parcel
owners or a combination thereof, and includes
any person or entity obligated by the governing
documents to pay an assessment or amenity fee.
(11) “Parcel” means a platted or unplatted lot,
tract, unit, or other subdivision of real
property within a community, as described in the
declaration:
(a) Which is capable of separate conveyance; and
(b) Of which the parcel owner, or an association
in which the parcel owner must be a member, is
obligated:
1. By the governing documents to be a member of
an association that serves the community; and
2. To pay to the homeowners’ association
assessments that, if not paid, may result in a
lien.
(12) “Parcel owner” means the record owner of
legal title to a parcel.
(13) “Voting interest” means the voting rights
distributed to the members of the homeowners’
association, pursuant to the governing
documents.