HOA architectural review committees (ARCs) in Palm Beach County must follow procedures in the recorded declaration of covenants. FL §720.3035 limits ARC authority to standards specifically described in the declaration. ARC decisions must be in writing within 45 days of complete application.
FL §720.3035(1) provides that an HOA may only enforce architectural standards if they are specifically stated in the recorded declaration. Vague aesthetic discretion is unenforceable. Members may install Florida-Friendly Landscaping under FL §373.185 regardless of HOA rules (limited preemption). Solar collectors protected under FL §163.04 — HOAs cannot prohibit but may regulate placement. Hurricane shutters protected under FL §718.113 (condos) and similar HOA provisions. Flag display protected under FL §720.304(2). HB 437 (2023) protects right to display religious items on doorframes.
Unauthorized denial of approval: member may sue under FL §720.305, including attorney fees. Improper restriction of solar/Florida-Friendly: member entitled to declaratory and injunctive relief.
See how Palm Beach County's architectural review rules stack up against other locations.
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