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.
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Kissimmee, FL
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