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The Daily Insight

Is membership in homeowners association mandatory?

Author

Andrew Ramirez

Published May 13, 2026

Membership in the Association Is membership in a HOA mandatory? Unless otherwise provided in the Contract to Sell, Deed of Sale, or other instruments of conveyance, or annotated in the title of the property, membership in the association is optional. Every homeowner shall be qualified to be a member of the association.

Who are the members of a condominium homeowners association?

The developer establishes the association, and the rules and regulations that it will uphold, and then hands it over to the community living in the properties. A board is then elected to oversee the homeowners association. The condominium HOA you enter into upon purchasing your condo will be comprised of an elected body of residents in your area.

How does a condo association work in Florida?

Nonprofit corporations in Florida are governed by the Florida Not for Profit Corporation Act with regard to corporate structure and procedure. Condo Associations may organize as either for-profit or not-for-profit corporations. Fla. Stat. §718.111 (1) (a). The Florida Cooperative Act, Fla. Stat. § 719.101, et. seq.:

Do you have to file federal tax return for condo association?

HOA have to file with IRS. State tax filing is dependent on your state’s revenue laws. Adding to what Ron said, if your association is as simple as it sounds, you can use IRS form 1120-H to file your federal returns. If your only income is dues and all that money is used to pay condo expenses, you will owe no Federal Taxes.

How is a homeowners association organized in Florida?

Florida Not for Profit Corporation Act, Fla. Stat. § 617.01011, et. seq.: Homeowners associations in Florida must be organized as non-profit corporations. Fla. Stat. §720.302 (1). Non-profit corporations in Florida are governed by the Florida Not for Profit Corporation Act with regard to corporate structure and procedure.