Can the Developer Change Our HOA Bylaws?
Use the free tool — Turnover Check
Who is in charge of the board before turnover
In a new Florida community, the developer appoints the board at first. Owners other than the developer are entitled to elect at least a majority of the board three months after 90 percent of the parcels in all phases have been conveyed to owners other than the developer — or earlier, if your community's own declaration or bylaws set an earlier trigger (Fla. Stat. 720.307).
The exact parcel count for all phases comes from your governing documents, not from a general rule. Read your declaration and bylaws, or ask the association, rather than guessing.
Can the developer change the bylaws while still in control?
A developer's right to amend the governing documents is not unlimited. It is subject to a test of reasonableness. An amendment may not be arbitrary, may not destroy the general plan of development, and may not shift economic burdens onto existing owners (Fla. Stat. 720.307).
- What counts as "reasonable" is decided case by case. This tool cannot predict how a specific amendment would be judged.
- If you're worried about one particular change, that is a question for a Florida community association attorney, not a general guide.
What about special assessments before turnover?
Before turnover, a developer-controlled board may not levy a special assessment unless a majority of the parcel owners other than the developer approve it at a duly called special meeting, with a quorum present (Fla. Stat. 720.315).
If you're being asked to pay a special assessment before turnover, check whether that meeting and that vote actually happened.
Is this even the right law for my community?
This guide works from Chapter 720, which covers homeowners' associations. If you live in a condominium, a cooperative, a timeshare, or a mobile home park, Chapter 720 is not your statute — condominiums are governed by Chapter 718, which has different rules. Please don't rely on this answer for a condo.
If you're dealing with a violation notice or a fine instead of a bylaw or turnover question, that's a different situation — look for an HOA violation responder tool instead of this one.
What we don't know, and what's not legal advice
We don't know your community's exact parcel count, whether your declaration sets an earlier turnover trigger, or whether a specific amendment would pass the reasonableness test. Those depend on your own documents and facts, and only a Florida community association attorney can tell you how they apply to a contested situation.
This page explains what the statute says in plain language. It is not legal advice, and it is not a substitute for reading your community's own declaration and bylaws.
What to do next
Turnover Check reads the numbers you give it — how many parcels have sold, out of how many planned — and tells you where your community stands under Fla. Stat. 720.307 and 720.315. It won't guess your parcel count or your documents' own trigger for you; you provide those, and it explains what they mean in plain language.
Turnover Check reads what you type and explains Florida Chapter 720 in plain language. It can be wrong, it is not legal advice, and it is not a substitute for reading your community's own declaration and bylaws, and the parcel counts that decide it come from the developer, not from us. For anything contested, talk to a Florida community association attorney.