FL 720.3035 governs architectural review by HOAs. Covenants in Delray Beach communities like Mizner Country Club and The Hamlet require ARB approval before exterior changes. Associations must apply standards consistently or lose enforcement rights.
Under FL 720.3035, an HOA may enforce architectural restrictions only if they are set out in the recorded declaration (or a validly adopted rule) and applied consistently. The statute was strengthened in 2021 (HB 463) to require written standards and timely decisions. Delray Beach communities typically require 30-day written notice of decision; silence can be deemed approval under many CC&Rs. Hurricane protection products (shutters, impact windows) are broadly protected from HOA denial under FL 720.3035(5).
Enforcement is civil. Unreasonable denials exposed to suit with attorney-fee shifting under FL 720.305. Members may also petition for mandatory non-binding arbitration.
See how other cities in Palm Beach County handle architectural review.
See how Delray Beach's architectural review rules stack up against other locations.
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