Architectural Review
Florida HOA Architectural Rules: Fla. Stat. 720.3035
Florida law limits HOA architectural review to standards in the declaration or published guidelines, restricts interior and HVAC rules, requires written denial notices, and protects hurricane protection installations. The association's governing documents and later amendments may also apply.
What the law covers
Fla. Stat. 720.3035 addresses architectural control covenants, parcel owner improvements, and rights and privileges in Florida homeowners' associations. It limits an association or architectural committee's authority to review and approve plans for a structure or improvement to what is specifically stated or reasonably inferred in the declaration of covenants or published guidelines authorized by the declaration. The association must apply standards reasonably and equitably to all parcel owners. The association's governing documents and later amendments may also apply.
Key requirements and limits
Bullet points:
- Authority to regulate location, size, type, or appearance exists only to the extent stated or reasonably inferred in the declaration or published guidelines.
- The association may not enforce rules limiting the interior of a structure not visible from the parcel's frontage, an adjacent parcel, an adjacent common area, or a community golf course.
- The association may not require review and approval of a central air-conditioning, refrigeration, heating, or ventilating system that is not visible from those areas and is substantially similar to an approved or recommended system.
- The association may not require a governmental building permit as a prerequisite for its own review.
- If the declaration or guidelines offer options for material, size, design, or location, the owner may select from those options.
- Unless otherwise stated, each parcel is deemed to have only one front for setback purposes. If no specific setback is provided, county or municipal setbacks apply, and the association cannot enforce inconsistent setbacks.
- Association policies or restrictions inconsistent with the declaration or guidelines may not be enforced or used in defense against an owner.
- Hurricane protection specifications must be adopted by the board or committee and must comply with the applicable building code. The association may not deny conforming hurricane protection applications, though it may require adherence to an existing unified building scheme for external appearance.
Notice when a request is denied
If the association or committee denies a parcel owner's request or application to construct a structure or improvement, it must provide written notice stating with specificity the rule or covenant relied on and the specific aspect or part of the proposed improvement that does not conform. If the association or committee unreasonably, knowingly, and willfully infringes or impairs an owner's rights, the owner may recover damages, including costs and reasonable attorney fees.
Practical checklist for homeowners
Neutral steps:
- Read your declaration of covenants and any published guidelines or standards authorized by the declaration.
- Keep copies of notices and correspondence from the association or architectural committee.
- Check whether a rule is specifically stated or reasonably inferred in your governing documents before assuming the association can enforce it.
- Review the association's adopted hurricane protection specifications before installing or replacing hurricane protection.
- Check the official text for updates.
Source
Fla. Stat. 720.3035, official text“must reasonably and equitably apply and enforce on all parcel owners the architectural and construction improvement standards authorized by the declaration of covenants”
“the association or committee must provide written notice to the parcel owner stating with specificity the rule or covenant on which the association or committee relied”
“the adversely affected parcel owner is entitled to recover damages caused by such infringement or impairment, including any costs and reasonable attorney fees incurred in preserving or restoring the rights and privileges”
“may not deny an application for the installation, enhancement, or replacement of hurricane protection by a parcel owner which conforms to the specifications adopted by the board or committee”
Frequently asked questions
Can the HOA restrict the interior of my home?
The statute says an association may not enforce a rule that limits or places requirements on the interior of a structure that is not visible from the parcel's frontage, an adjacent parcel, an adjacent common area, or a community golf course.
Does the HOA have to approve my heating or air conditioning system?
No. The association may not require review and approval of a central air-conditioning, refrigeration, heating, or ventilating system if it is not visible from the parcel's frontage, an adjacent parcel, an adjacent common area, or a community golf course and is substantially similar to a system approved or recommended by the association or committee.
What must the HOA include if it denies my improvement request?
The association must provide written notice stating with specificity the rule or covenant it relied on and the specific aspect or part of the proposed improvement that does not conform.
Can the HOA deny hurricane protection that meets its specifications?
No. The board or committee may not deny an application for the installation, enhancement, or replacement of hurricane protection that conforms to the specifications adopted by the board or committee.
What setback rules apply if the declaration does not specify them?
If the declaration or guidelines do not provide specific setback limitations, the applicable county or municipal setback limitations apply, and the association may not enforce inconsistent setback limitations.
This page is general legal information, not legal advice, and Harrington Community is not a law firm. Statutes are amended over time and your association's governing documents may also apply. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.