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.
North Miami, FL
North Miami does not have its own airport or specific aircraft noise ordinance. Aircraft noise is primarily regulated at the federal level by the FAA. North ...
North Miami, FL
North Miami regulates noise from commercial and industrial operations under its noise control ordinance. Industrial and commercial activities must not produc...
North Miami, FL
North Miami requires building permits before any construction, renovation, or interior work under Chapter 5 (Building Standards and Regulations). Constructio...
North Miami, FL
North Miami permits a maximum of two vehicles per property in the public right-of-way, parked parallel to the direction of traffic. Vehicles may not obstruct...
North Miami, FL
North Miami follows Florida state law regarding electric vehicle charging infrastructure. Florida encourages EV adoption and preempts local governments from ...
North Miami, FL
North Miami requires building permits for wood and concrete fences under Chapter 5 (Building Standards and Regulations). Chain-link fences used as swimming p...
See how North Miami'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.