My understanding is that FL law requires HOA’s be setup whenever there is a development getting county zoning approval.
We saw a 60-acre parcel in Pasco county in 2006, get sold and developed into six 10-acre pieces. We wanted to buy the original home on the 60-acre, that was being left with 10-acres. We could not get that original house and piece without agreeing to the entire HOA deal.
No sale.
I think it is more a matter of the developer releasing the governing documents of the subdivision/development to another entity. I don’t believe it has to be an HOA. The requirements certainly don’t have to be Draconian.
I think HOA formation would be included in deed restrictions and covenants which are also filed in public record by the developer.