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.
Winter Park, FL
Winter Park requires property owners to maintain lots free of accumulated brush, dead vegetation, and combustible debris. Overgrown lots posing fire hazards ...
Winter Park, FL
Consumer fireworks are banned in Winter Park except on the three state-preempted holidays under FL Statute 791.08: July 4, December 31, and January 1. Sparkl...
Winter Park, FL
Open burning of yard waste is generally prohibited in Winter Park. Yard debris must be placed at curbside for municipal collection. Authorization from the Fl...
Winter Park, FL
Tree removal in Winter Park requires a permit for most trees 4 inches DBH or larger. Even with FL 163.045 preemption for dangerous trees, the city requires a...
Winter Park, FL
Winter Park property maintenance code requires lots to be kept free of noxious weeds, invasive species, and excessive ground cover. Brazilian pepper, air pot...
Winter Park, FL
Winter Park is within the St. Johns River Water Management District (SJRWMD). Year-round landscape irrigation is limited to two days per week based on addres...
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