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Pembroke Pines, FL HOA Rules: CC&R Enforcement (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Who signs
Every building permit applicant
HOA defined
F.S. Chapter 720 association
Condo defined
F.S. Chapter 718 association
Notice
Building Dept. mails affidavit copy to association
City role
No authority to enforce HOA/CC&R rules

Summary

Pembroke Pines requires every building permit applicant to sign an affidavit acknowledging that a homeowners' or condominium association may impose its own rules beyond whatever the city allows, under Code of Ordinances § 150.04. The city built the requirement specifically to stay out of disputes between owners and their associations. A city permit never overrides or waives an HOA's separate approval.

(A) Declaration of intent. The intent of this section is to require property owners whose property is governed by a homeowners' association or condominium association to provide an affidavit indicating their awareness that they may be subject to additional association regulations despite the issuance of a building permit for exterior renovations by the city. This section is intended to protect the city from becoming involved in controversies between property owners and their associations, where property owners may obtain permits from the city for projects inconsistent with the association's regulations.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-61: Supplement contains: Local legislation current through Ord. 2056, passed 12-11-25).

Full Breakdown

S. S. ' An owner whose property isn't in any association instead signs an affidavit stating the section doesn't apply. The Building Department then forwards a copy of the affidavit by certified mail to the association, at the applicant's expense, but only if that association appears on the city's master list, and the mailing cost gets folded into the city's standard building-permit fees rather than billed separately. The practical effect is a strict separation of roles: the city's Building Department checks a project against the Florida Building Code and the Land Development Code, while enforcement of an association's own architectural, landscaping or use restrictions, whatever they require beyond city code, is left entirely to the association and its governing documents, not to city code enforcement.

Violations & Fines

Section 150.04 isn't written as a punitive ordinance against homeowners; it defines what the city itself will not police. The city has no enforcement role over an association's covenants, conditions or restrictions, so a resident who breaches an HOA rule that goes beyond city code answers to the association, potentially in civil court under F.S. Chapters 718 or 720, not to Pembroke Pines Code Compliance.

Frequently Asked Questions

Does the city enforce my HOA's rules?
No. Section 150.04 was written specifically to protect the city from becoming involved in controversies between property owners and their associations. If your homeowners' or condominium association has stricter rules than the city, enforcing them is the association's job, not the Building Department's or Code Compliance's.
Why do I have to sign an HOA affidavit to get a building permit?
Section 150.04(C) requires every building permit applicant to sign an affidavit acknowledging that a homeowners' or condominium association may impose additional regulations beyond the city's permit. It puts the risk of an HOA conflict on the property owner up front, rather than leaving the city to referee it later.
Will the city tell my HOA that I got a permit?
Yes, if your association is on the city's master list. Section 150.04(C)(2) directs the Building Department to mail a copy of your affidavit to the association by certified mail, at your expense, with that cost built into the standard permit fee rather than charged separately.

Sources & Official References

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