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.
Clearwater, FL
Clearwater enforces Florida's Residential Swimming Pool Safety Act requiring a 4-foot barrier, self-closing gates, or alternative safety features on every ne...
Clearwater, FL
Clearwater follows Florida Building Code Residential Section R314 and Florida Statute 553.883 for smoke alarms, plus the Florida Fire Prevention Code adopted...
Clearwater, FL
Clearwater does not impose an annual night cap, because Florida Statute 509.032(7)(b) preempts cities adopted after June 1, 2011 from limiting the frequency ...
Clearwater, FL
Clearwater allows transient lodging (rentals under 31 days) only in Tourist District and Commercial zoning where the use is permitted, and requires a city Bu...
Clearwater, FL
Clearwater Code Chapter 22 establishes park use regulations, with most city parks closing at 11:00 p.m. or sunset and entry prohibited during posted closed h...
Clearwater, FL
Clearwater enforces juvenile curfew rules adopted by reference from Florida Statutes Sec. 877.20 through 877.24, restricting minors in public places during o...
Side-by-side rule comparisons with other cities in Pinellas County.
See how Clearwater's cc&r enforcement rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.