Florida Statewide Rule
Florida HOA Covenant & Architectural Enforcement
Key Facts
- Governing law
- Fla. Stat. §§ 720.303, 720.3035
- Authority limit
- Must be stated or reasonably inferred in documents
- Standard
- Applied 'reasonably and equitably' to all owners
- Backyard items (§ 720.3045)
- Cannot regulate items not visible from frontage/adjacent areas
- Denial rule
- Written denial must state specific rule + nonconforming part
Summary
Under Fla. Stat. §§ 720.303 and 720.3035, a Florida HOA enforces its recorded covenants and architectural standards, but only where authority is stated or reasonably inferred in the governing documents, and standards must be applied reasonably and equitably to all owners. HB 1203 added new limits and written-denial transparency rules effective July 1, 2024.
The authority of an association or any architectural, construction improvement, or other such similar committee of an association to review and approve plans and specifications for the location, size, type, or appearance of any structure or other improvement on a parcel, or to enforce standards for the external appearance of any structure or improvement located on a parcel, shall be permitted only to the extent that the authority is specifically stated or reasonably inferred as to such location, size, type, or appearance in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants. An association or any architectural, construction improvement, or similar committee of an association must reasonably and equitably apply and enforce on all parcel owners the architectural and construction improvement standards authorized by the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.
Full Breakdown
Section 720.3035 gives an association architectural authority over the 'location, size, type, or appearance of any structure or other improvement' only when that power is 'specifically stated or reasonably inferred' in the governing documents, and requires standards to be 'reasonably and equitably' applied. The association may not enforce setbacks stricter than the local government's. Section 720.3045 (created in 2023, expanded by HB 1203 in 2024) bars associations from restricting items not visible from the parcel's frontage, an adjacent parcel, an adjacent common area, or a community golf course. When an association denies an architectural request, § 720.3035 requires written notice 'stating with specificity' the rule relied on and the nonconforming aspect of the proposal.
Violations & Penalties
An owner who violates a validly recorded covenant may be sued for injunctive relief and fined under § 720.305 (subject to the $100/$1,000 caps and hearing rules). Conversely, an association that unreasonably, knowingly, and willfully infringes an owner's architectural rights is liable for the owner's damages and attorney fees under § 720.3035.
Frequently Asked Questions
Can a Florida HOA enforce architectural rules on my home?
Does a Florida HOA have to explain why it denied my project?
Can a Florida HOA regulate things in my backyard nobody can see?
Sources
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