Florida HOA Prohibited Clauses: Fla. Stat. 720.3075

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.