Board & Governance
Florida HOA Prohibited Clauses: Fla. Stat. 720.3075
Florida law declares certain clauses in homeowners’ association documents null and void, including limits on developer control after transition, lawsuits against developers, and votes after transition. It also protects flag display, energy choices, driveway parking, contractors, and Florida-friendly landscaping.
What the law covers
Fla. Stat. 720.3075 applies to homeowners’ association documents, including declarations of covenants, articles of incorporation, bylaws, or any other document that binds members. It declares certain clauses null and void as against public policy. The public policy applies to clauses created on or after the effective date of section 3, chapter 98-261, Laws of Florida. The statute also addresses flags, energy production, appliances, parking, contractors, vehicles, Florida-friendly landscaping, and developer amendments before transition.
Key requirements and limits
Prohibited clauses include those that: give a developer the unilateral right to change documents after transition under section 720.307; prohibit or restrict the association from suing the developer; or allow a developer to cast more than one vote per residential lot after transition. Such clauses are null and void.
Documents may not preclude:
- Display of up to two portable, removable flags as described in section 720.304(2)(a), shown respectfully consistent with 36 U.S.C. chapter 10.
- Types or fuel sources of energy production from listed public utilities, electric utilities, natural gas utilities, natural gas transmission companies, or liquefied petroleum gas dealers, dispensers, or cylinder exchange operators.
- Use of appliances such as stoves or grills that use those energy sources.
- Parking of a personal vehicle, including a pickup truck, in a driveway or other area where the owner has a right to park under state, county, and municipal regulations.
- Parking of a work vehicle that is not a commercial motor vehicle as defined in section 320.01(25) in the driveway, regardless of insignia.
- Hiring or allowing entry to a contractor or worker solely because they are not on a preferred vendor list or lack a professional or occupational license.
- Operating a non-commercial motor vehicle in conformance with state traffic laws on public roads, rights-of-way, or the owner’s parcel.
- Implementing Florida-friendly landscaping as defined in section 373.185, or creating requirements that conflict with part II of chapter 373, water shortage orders, or related permits and rules.
Before transition, a developer’s right to amend governing documents is subject to a reasonableness test and may not be arbitrary, capricious, or in bad faith; destroy the general plan of development; prejudice nondeveloper members’ use and enjoyment of common property; or materially shift economic burdens from the developer to existing nondeveloper members.
An association may extinguish a discriminatory restriction as provided in section 712.065.
Practical checklist for homeowners
Neutral steps:
- Read your association’s governing documents, including declarations, articles of incorporation, and bylaws.
- Compare any restrictive clause against the prohibited types described in Fla. Stat. 720.3075.
- Keep copies of notices and records related to the transition of control under section 720.307.
- Review rules on flags, energy devices, parking, contractors, and landscaping before making changes.
- The association’s governing documents and later amendments may also apply.
- Check the official text for updates.
Source
Fla. Stat. 720.3075, official text“Such clauses are declared null and void as against the public policy of this state.”
“The association may not require a contractor or worker to present or prove possession of a professional or an occupational license to be allowed entry onto a property owner’s parcel.”
“the right of the developer to amend the association’s governing documents is subject to a test of reasonableness”
Frequently asked questions
What clauses does Florida law void in HOA documents?
The statute declares null and void clauses that let a developer unilaterally change documents after transition, bar the association from suing the developer, or give a developer more than one vote per residential lot after transition.
Can my HOA stop me from flying flags?
Association documents may not preclude the display of up to two portable, removable flags as described in section 720.304(2)(a), and all flags must be displayed in a respectful manner consistent with 36 U.S.C. chapter 10.
Can my HOA restrict my choice of energy or appliances?
Documents may not preclude types or fuel sources of energy production from listed utilities and entities, nor preclude the use of appliances such as stoves or grills that use those energy sources.
Can my HOA ban parking in my driveway?
Documents may not prohibit a property owner, tenant, guest, or invitee from parking a personal vehicle, including a pickup truck, in the driveway or in any other area where they have a right to park under state, county, and municipal regulations. They also may not prohibit a work vehicle that is not a commercial motor vehicle as defined in section 320.01(25) from parking in the driveway, regardless of insignia.
Can my HOA stop me from hiring my own contractor?
Documents may not preclude an owner from inviting, hiring, or allowing entry to a contractor or worker solely because the contractor is not on a preferred vendor list or lacks a professional or occupational license. The association may not require the contractor to present or prove possession of a license to enter the owner’s parcel.
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.