Is a townhouse a condo or an HOA?

It depends on how the property was platted. Townhomes can be either. If you own only the interior airspace and walls (and the structure is association-owned), it is a condominium. If you own the building down to the dirt with shared common areas, it is typically an HOA.

Do condos have higher fees than HOAs in Florida?

Generally yes. Condo fees include the master insurance policy, building maintenance, and reserves for major structural components — costs single-family HOA owners pay individually.

Can I be assessed if I am only renting?

No — assessments are levied against owners. But landlord owners often pass costs through to tenants via rent increases.

HOA vs Condo Association in Florida — Key Differences

Florida Statute Chapter 718 governs condominiums. Chapter 720 governs homeowners associations. Owner rights, fees, reserves, and elections differ in important ways.

What you actually own

The biggest difference between an HOA and a condo association is what you actually own. In a condominium (Chapter 718) you own the airspace inside your unit — typically from the unfinished side of the drywall inward. The association owns the building structure, exterior, roof, and common areas.

In a homeowners association (Chapter 720) you own the home itself plus the land beneath it. The association typically owns shared common areas like the entry gate, clubhouse, pool, and roads, and enforces architectural rules about exterior changes.

This difference cascades into everything else — who insures what, who maintains what, who pays for what.

Fee structure differences

Condo fees are generally higher because they cover items that single-family HOA owners pay separately:

Master insurance policy — covers the building structure, common areas, and liability. In coastal Florida this alone can be $300+ per unit per month.
Exterior maintenance — paint, roof, exterior plumbing, exterior pest control.
Landscaping for the entire property, not just common areas.
Reserves for major structural components — roof, asphalt, paint, elevators, structural concrete.
Common area utilities — pool heating, hallway lighting, common area water.

HOA fees are typically lower because owners are individually responsible for their building, their roof, and their landscaping inside their own lot lines. HOAs primarily fund shared amenities (pool, gate, clubhouse) and shared maintenance (entry roads, common landscaping, security).

For specific fee data on Palm Beach County communities, see our 2026 fee report or search any community.

Reserves and Surfside law

After the 2021 Surfside collapse, Florida passed SB 4-D requiring condominium associations to fund reserves based on a Structural Integrity Reserve Study (SIRS). Older condo communities that had previously voted to waive or partially-fund reserves are now required to catch up. This is the single biggest driver of recent fee increases on Florida condos.

HOA reserve requirements (Chapter 720) are less strict — single-family HOAs do not face the same milestone inspection or structural-reserve requirements because owners individually maintain their structures.

Board elections and owner rights

Both Chapter 718 and Chapter 720 give owners the right to inspect records, attend board meetings, and vote on major matters. But there are differences:

Condos: directors must be elected annually unless the bylaws specify staggered terms. Election procedures are highly regulated by Florida Department of Business and Professional Regulation (DBPR).
HOAs: election rules are governed by the bylaws and are generally less regulated. Annual elections are still typical but the procedure is more flexible.
Recall rights: both chapters allow owners to recall directors, but the procedures differ.

Insurance — the biggest functional difference

In a condo, you generally need a much smaller individual policy because the association's master policy covers the structure. You typically only need an HO-6 policy covering interior finishes, your personal property, and liability.

In an HOA, you need a full homeowners policy (HO-3) covering everything from the dirt up. The HOA's master policy usually only covers shared common areas.

Florida property insurance has been in crisis since 2022. Many insurers have stopped writing new condo policies entirely, and master condo premiums have multiplied. This affects condo associations dramatically more than HOAs.

Rentals and short-term restrictions

Both HOAs and condos can restrict rentals through the CC&Rs. The most common restrictions:

Minimum lease terms — many condos require 6-month or 1-year minimums to prevent Airbnb use.
Annual rental cap — some communities cap the percentage of units that can be rented in any given year.
Approval process — board or screening committee may need to approve every tenant.
STR (short-term rental) bans — outright bans on Airbnb, VRBO, and any rental under 30 days are common in Florida coastal condos.

Which is better for buyers?

Neither is inherently better. The right choice depends on what you want:

Choose a condo if you want a turnkey lifestyle, do not want to maintain a building exterior or roof, and value walkable downtown locations. Be prepared for higher monthly fees and the possibility of large special assessments for structural work.

Choose an HOA single-family or townhome if you want more space, more privacy, and direct control over your structure. Expect lower monthly fees but full responsibility for your roof, exterior, insurance, and structural reserves.

Either way, do your due diligence. Read our guide to HOA documents and our guide to evaluating a community before buying.