HOMEOWNERS' ASSOCIATION:

VOLUNTARY OR MANDATORY?

An Opinion By Jan Bergemann

Published May 5, 2026

Despite the fact that the words "VOLUNTARY" and "MANDATORY" seems to explain if owners have to be members or not, it often seems that some folks -- even including attorneys -- seem to have a problem to understand the word "VOLUNTARY"! If your property is located within a voluntary HOA it's up to the property owner to decide if he/she wants to be a member of this association. You can join if you feel like it, but yu don't have to. The membership is voluntary -- like the membership in the local Neighborhood Watch Group or the local chess club. The difference between "Voluntary" and "Mandatory" HOA is already defined by the statutes regulating these associations. A "Voluntary" HOA is regulated by FS 617 (CORPORATIONS NOT FOR PROFIT), while the HOA ACT (FS 720) is regulating "Mandatory" homeowners' associations.

The HOA ACT (FS 720) explains in FS 720.301(DEFINITIONS) the meaning of a "Mandatory" HOA: (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.

And if your neighbors are having problems understanding the word "VOLUNTARY", don't worry! They don't have jurisdiction over your property as long as you don't join their neighborhood club. Don't even feel intimidated if they are sending you a bill for annual membership fees, even if the bill is containing legal threats. You don't have to join, no matter what they are trying to tell you!

The only ones who can come after you is local code enforcement -- if you are violating local codes.

And please understand that it would take the written "VOTE OF APPROVAL" of ALL property owners (100%), including you, in order to turn a Voluntary HOA into a Mandatory HOA!