What Is the 90 Percent Rule for HOA Turnover?
Use the free tool — Turnover Check
What the 90 percent rule is
In a new Florida community, the developer appoints the board of directors while homes are still being sold. Florida law sets a point where that changes.
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 number of parcels planned for all phases comes from your community's own governing documents, not from a general formula. Read your declaration and bylaws, or ask your association, to find that number. This guide cannot guess it for you.
What a developer-controlled board may not do
- 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 your board is asking you to pay a special assessment before turnover, ask whether that meeting and vote actually happened. If you're not sure, that's a fair question to put to your board in writing.
Limits on changing the declaration or bylaws
A developer's right to amend the governing documents 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, not by a general rule. This guide can't tell you whether a specific amendment you're worried about passes that test.
What this guide does not cover
This is Chapter 720, for homeowners' associations. If you live in a condominium, cooperative, timeshare, or mobile home park, Chapter 720 is not your statute — condominiums are governed by Chapter 718, which has different turnover rules. Please don't rely on this page if that's your situation.
If you've received a violation notice or a fine from your association, this isn't the right tool for that. Look for an HOA violation responder instead.
What to do next
Turnover Check is a free tool that reads the numbers you give it — how many homes have sold, how many are planned — and shows you where your community stands under Fla. Stat. 720.307.
Have these ready: how many parcels are planned across all phases, how many have been conveyed to owners other than the developer, and what your own declaration says about turnover timing.
This is general information, not legal advice, and it's not a substitute for reading your community's own declaration and bylaws. For anything contested — a special assessment, an amendment, or the turnover date itself — talk to a Florida community association attorney.
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.