Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as your previous one had to leave.
First of all, even though you may have been incorporated under the non-profit chapter 617, under FL law the courts look at whether or not the conflict between your documents and the statute involves a “substantive” or “procedural” issue. If procedural, the current statute controls.
So, for any procedural issue in your bylaws, you are indeed under 720. How a vote is conducted is a procedural issue and it would have to be done pursuant to 720.
The fact you have no common area would not control whether or not you would fall under Chapter 720. The law defines a HOA as:
“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.
So it has nothing to do with you having common areas.
At the time of the signatures being obtained, if Ch. 720 was in effect and your bylaws did not say anything about meetings, then Ch. 720 would have been in effect and if they obtained signatures contrary to 720, then that could be a basis to invalidate anything signed.