Florida law overrides HOA covenants on several fronts: Fla. Stat. § 163.04 voids deed restrictions prohibiting solar collectors, § 720.304(2) protects U.S. flag display, and § 720.3045 protects vegetable gardens and other items not visible from the frontage. Section 604.71 bars local regulation of 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 § 720.3045 bars associations from restricting items, including vegetable gardens, not visible from the frontage or adjacent areas. Section 604.71 provides that local governments may not regulate vegetable gardens on residential property; 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.
Fort Myers, FL
The City of Fort Myers Code of Ordinances does not prohibit artificial turf on residential property. Florida-Friendly Landscaping (FS 373.185) protects water...
Fort Myers, FL
Florida Statute 373.185 establishes Florida-Friendly Landscaping (FFL) as a protected statewide policy. A local government ordinance or HOA covenant may not ...
Fort Myers, FL
Fort Myers Code of Ordinances Chapter 90, Article III (Water Shortage Regulations) enforces year-round landscape irrigation limits aligned with SFWMD Chapter...
Fort Myers, FL
Fort Myers Code Compliance enforces a citywide 12-inch maximum height for grass, weeds and underbrush on all property, including vacant lots, plus the adjace...
Fort Myers, FL
Fort Myers Chapter 138 (Vegetation) of the Land Development Code, including Section 138-46, governs protected-tree removal and requires permitting through th...
Fort Myers, FL
On a single-family residential lot, Florida Statute 163.045 prevents the City of Fort Myers from requiring a notice, application, approval, permit, fee, or m...
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