Under Fla. Stat. §§ 720.303 and 720.3035, a Florida HOA enforces its recorded covenants and architectural standards, but only where authority is stated or reasonably inferred in the governing documents, and standards must be applied reasonably and equitably to all owners. HB 1203 added new limits and written-denial transparency rules effective July 1, 2024.
Section 720.3035 gives an association architectural authority over the 'location, size, type, or appearance of any structure or other improvement' only when that power is 'specifically stated or reasonably inferred' in the governing documents, and requires standards to be 'reasonably and equitably' applied. The association may not enforce setbacks stricter than the local government's, and where the documents offer options the owner may choose among them. HB 1203 (2024) bars associations from regulating items not visible from the parcel's frontage, an adjacent parcel, adjacent common area, or a community golf course. When an association denies an architectural request, § 720.3035 requires written notice 'stating with specificity' the rule relied on and the nonconforming aspect of the proposal. An owner harmed by a knowing, willful infringement may recover damages and attorney fees.
An owner who violates a validly recorded covenant may be sued for injunctive relief and fined under § 720.305 (subject to the $100/$1,000 caps and hearing rules). Conversely, an association that unreasonably, knowingly, and willfully infringes an owner's architectural rights is liable for the owner's damages and attorney fees under § 720.3035.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Cape Coral, FL
Cape Coral §12-22 (Noise Control Ordinance, amended Dec 2019) prohibits noise plainly audible at 50 feet between 11 PM and 7 AM from any radio, TV, musical i...
Cape Coral, FL
Cape Coral Land Development Code Section 5.2.7 limits residential fences in the front setback, allows up to 6 feet in side and rear yards, and requires open ...
Cape Coral, FL
Dogs in Cape Coral must be under direct control on a leash not exceeding 8 feet in length under Lee County Animal Control Ordinance. Cape Coral Code Chapter ...
Cape Coral, FL
Cape Coral generally allows lawn ornaments, statues, flamingos, garden gnomes, and similar decorative items without a permit. Cape Coral Code Section 5.5.13 ...
Cape Coral, FL
Inflatable holiday displays (giant snowmen, Halloween figures, Easter bunnies) are not specifically regulated by Cape Coral's Code of Ordinances and are gene...
Cape Coral, FL
Cape Coral does not have a dedicated holiday-light ordinance and treats seasonal lighting as a normal residential accessory use, generally allowed without a ...
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