Florida HOA Covenant & Architectural Enforcement

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, and where the documents offer options the owner may choose among them. HB 1203 (2024) bars associations from regulating items not visible from the parcel's frontage, an adjacent parcel, 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. An owner harmed by a knowing, willful infringement may recover damages and attorney fees.

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.