Florida law overrides HOA covenants on several fronts: Fla. Stat. § 163.04 voids any deed restriction prohibiting solar collectors, § 720.304(2) protects display of the U.S. flag, and HB 1203 protects vegetable gardens and other items not visible from the frontage. Section 604.71 separately bars cities and counties from regulating residential vegetable gardens.
Section 163.04 states a 'deed restriction, covenant, declaration, or similar binding agreement may not prohibit or have the effect of prohibiting solar collectors,' though the association may set placement within 45 degrees of due south if it does not impair efficiency. Section 720.304(2) lets a homeowner display a portable U.S. flag and erect a freestanding flagpole up to 20 feet to fly the U.S., Florida, military, POW-MIA, and first-responder flags regardless of contrary covenants. Section 720.3075 protects Florida-friendly landscaping (per s. 373.185), and HB 1203 (2024) bars associations from restricting items, including vegetable gardens, not visible from the frontage. Separately, § 604.71 provides that a 'county, municipality, or other political subdivision of this state may not regulate vegetable' gardens on residential property, voiding such local ordinances; it limits governments, not HOAs.
An HOA covenant that prohibits solar collectors, U.S. flag display, Florida-friendly landscaping, or non-visible vegetable gardens is void and unenforceable to that extent. An owner can recover attorney fees in a solar-collector dispute under § 163.04. A city or county ordinance regulating residential vegetable gardens is void under § 604.71.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Delray Beach, FL
Modified exhausts, loud stereos, and engine revving are prohibited under Delray Beach Code of Ordinances Chapter 99 and Florida Statute §316.293. Vehicle aud...
Delray Beach, FL
Construction in Delray Beach is permitted 7 AM to 7 PM Monday through Friday, and 8 AM to 5 PM Saturdays. No construction allowed on Sundays or federal holid...
Delray Beach, FL
Amplified outdoor music requires a Special Event Permit from the City of Delray Beach. Atlantic Avenue venues must hold an entertainment license. Music must ...
Delray Beach, FL
Continuous or habitual barking for more than 15 minutes, or intermittent barking over 30 minutes, constitutes a noise nuisance in Delray Beach. Palm Beach Co...
Delray Beach, FL
Commercial operations in Delray Beach must not exceed 65 dBA at residential property lines during the day and 55 dBA at night under Chapter 99. Loading dock ...
Delray Beach, FL
Delray Beach enforces quiet hours from 11 PM to 7 AM Sunday through Thursday, and midnight to 7 AM Friday and Saturday. Atlantic Avenue entertainment distric...
See how Delray Beach's hoa vs. city rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.