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.
Hialeah, FL
Hialeah follows Miami-Dade Code §33-124.1 for commercial-vehicle parking in residential zones: Cat. 1 (taxis/marked vans under 8 ft): max 2 per home; Cat. 2 ...
Hialeah, FL
Hialeah driveways follow county standards: 20 feet minimum for two-way, 14 feet for one-way. Vehicles must not block sidewalks or rights-of-way.
Hialeah, FL
Hialeah allows chain link, concrete block, wood, and aluminum per Section 33-11. All must meet HVHZ wind standards. Concrete block most common in South Florida.
Hialeah, FL
Hialeah requires building permits for retaining walls per the Florida Building Code. Walls over 4 feet in height require engineered plans. All retaining wall...
Hialeah, FL
Dogs in Hialeah must be leashed off private property under Miami-Dade Section 5-20. Unsterilized: $150 fine. Sterilized: $50. Off-leash in designated parks o...
Hialeah, FL
Hialeah enforces the Florida Building Code Residential Section R314 and NFPA 72 for smoke alarms. Alarms are required in every sleeping room, outside sleepin...
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