Florida HOA Architectural Review

Quick-Reference Table

Section 1 — Overview

Start with the structure, because Florida builds everything on it. The state regulates community-association architectural control through two separate, non-interchangeable statutory chapters, and it is not a UCIOA state. Chapter 720, the Homeowners' Association Act, governs HOAs, and it places architectural review at Section 720.3035. Chapter 718, the Condominium Act, governs condominiums, and it puts owner improvements and common-element material alterations under Section 718.113. Cooperatives form the third type under Chapter 719. A Chapter 720 provision does not reach a condominium, and a Chapter 718 provision does not reach an HOA, unless a genuine parallel exists.^1,2

For HOAs, §720.3035(1)(a) is the anchor. It lets an association or its architectural committee act "only to the extent that the authority is specifically stated or reasonably inferred" in the declaration or the published guidelines the declaration authorizes, and it requires the association to "reasonably and equitably apply and enforce" those standards. House Bill 1203, effective July 1, 2024, then added a hard requirement: a denial of a request to construct a structure or improvement must come in writing and must state "with specificity" the rule or covenant relied on and the specific non-conforming aspect. Read the statute closely on one point, because editors get it wrong. Section 720.3035 sets no statutory decision deadline and no deemed-approval rule. Any deadline you see, a 30-, 45-, or 60-day window, lives in the declaration, not the statute.^1,16

A thick carve-out layer sits over both chapters and constrains what an association may do: solar and renewable devices under §163.04, Florida-friendly landscaping under §373.185, display and storage of items under §720.3045, flags under §720.304 and §718.113(4), and a list of prohibited governing-document clauses under §720.3075. Enforcement moves through a fining-and-suspension committee under §720.305 and pre-suit mediation under §720.311, and HB 1203 created damages and attorney-fee exposure for willful architectural infringement. With major 2024 and 2025 legislation on the books and active 2026 proposals in play, Florida stands as a two-chapter flagship jurisdiction that is seeing intense regulatory activity.^6,8,11,7,9

Section 2 — Framework

2A. Source and scope of architectural authority

HOA (Chapter 720). Everything begins at §720.3035(1)(a). An association or its architectural, construction-improvement, or similar committee, often an ARC or ACC, may review and approve plans for the "location, size, type, or appearance" of a structure or improvement "only to the extent that the authority is specifically stated or reasonably inferred … in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants." The same subsection imposes an equal-application duty: the association "must reasonably and equitably apply and enforce on all parcel owners the architectural and construction improvement standards authorized by the declaration." Where the declaration or guidelines offer options in material, size, design, or location, §720.3035(2) bars the association from restricting the owner's right to choose among them. Section 720.3035(1)(b) then blocks rules that reach the interior of a structure not visible from the frontage, an adjacent parcel, an adjacent common area, or a community golf course.¹

Condominium (Chapter 718). There is no §720.3035 equivalent for condominiums. The declaration and §718.113 govern owner modifications and, in particular, common-element changes. Section 718.113(2)(a) allows "no material alteration or substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration"; where the declaration says nothing about the approval procedure, "the approval of 75 percent of the total voting interests of the association is required before the material alterations or substantial additions are commenced." The definition of "material alteration" traces back to Sterling Village Condominium, Inc. v. Breitenbach, 251 So. 2d 685 (Fla. 4th DCA 1971), which described it as a change that palpably varies the form, shape, elements, or specifications of a building in a way that appreciably affects its function, use, or appearance.^2,13

Order of precedence. Statute, including the carve-outs, comes first, then the declaration, then the bylaws, then the rules and guidelines. A rule or guideline that conflicts with the declaration or statute cannot stand, and §720.3035(5) bars an HOA from enforcing or relying on a policy inconsistent with the owner's declaration rights, "whether uniformly applied or not."¹

2B. Approval process and standards of review

For HOAs, the governing standard is plain: objective, properly adopted written standards, applied reasonably and equitably under §720.3035(1)(a),(5). An ARC cannot deny an application on unwritten or subjective aesthetic grounds untethered to a cited written standard. HB 1203 reinforced that in 2024 through the written-denial-with-specificity requirement now codified at §720.3035(4)(a): when the association denies a request "for the construction of a structure or other improvement on a parcel," it "must provide written notice to the parcel owner stating with specificity the rule or covenant on which the association or committee relied when denying the request or application and the specific aspect or part of the proposed improvement that does not conform to such rule or covenant."¹

The teeth live in §720.3035(4)(b). If the association "should unreasonably, knowingly, and willfully infringe upon or impair the rights and privileges set forth in the declaration … the adversely affected parcel owner is entitled to recover damages caused by such infringement or impairment, including any costs and reasonable attorney fees." So a denial that rests on "overall community aesthetics" without a cited written standard is not just weak; it is an exposure event.¹

Say the deadline point plainly, because compliance products keep fabricating it. Section 720.3035 contains no statutory response deadline and no automatic constructive- or deemed-approval clause. Many declarations impose a 30-, 45-, or 60-day window, and some provide for deemed approval, but those are declaration terms, not statute. No one should represent a statutory deadline or an auto-approval for a Florida HOA.¹

Hurricane protection (HB 293, 2024). Section 720.3035(6) now requires every HOA, "regardless of when the community was created," to adopt hurricane-protection specifications, covering color, style, and other board-selected, code-compliant factors, for each structure, and it bars the association from denying a conforming installation, enhancement, or replacement, while still allowing the board to "require a parcel owner to adhere to an existing unified building scheme regarding the external appearance." The statute defines "hurricane protection" broadly: roof systems meeting ASCE 7-22, permanent fixed storm shutters, roll-down track shutters, impact-resistant windows and doors, polycarbonate panels, reinforced garage doors, erosion controls, exterior fixed generators, fuel storage tanks, and more.^1,17

Condominium. Condominium review stays declaration-based under §718.113, constrained by the material-alteration rule (75 percent of voting interests if the declaration is silent) and the same carve-outs. The ARC decides applications; it does not levy fines, which remain a board or committee function.²

2C. Statutory and federal limits

Solar and renewable-energy devices — §163.04 (both chapters). Section 163.04(1) bars any ordinance, and §163.04(2) bars any "deed restriction, covenant, declaration, or similar binding agreement," from prohibiting or having the effect of prohibiting solar collectors, clotheslines, or other renewable-energy devices; a property owner "may not be denied permission" by any covenant-enforcing entity. The statute does let an entity "determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45° east or west of due south if such determination does not impair the effective operation of the solar collectors." Following the 1992 amendment and the Fifth District's decision in City of Ormond Beach v. Del Marco, the owner is entitled to "satisfactory," not "optimum," performance, so associations keep limited placement discretion but cannot effectively bar the device. This is not an absolute ban on regulation, and Florida is not a state without a solar law.⁶

Florida-friendly landscaping — §373.185. The statute defines low-water, drought-tolerant landscaping, and HOA governing documents may not prohibit an owner from implementing it; the covenant-limitation language pairs with §720.3075(4).^8,9

Display and storage of items — §720.3045 (HOA). Regardless of the governing documents, and unless general law or a local ordinance prohibits it, an HOA "may not restrict parcel owners or their tenants from installing, displaying, or storing any items on a parcel which are not visible from the parcel's frontage or an adjacent parcel, an adjacent common area, or a community golf course, including, but not limited to, artificial turf, boats, flags, vegetable gardens, clotheslines, and recreational vehicles." HB 1203 added vegetable gardens and clotheslines in 2024. This protects only not-visible items within the specified sightlines, not everything everywhere.^11,16

Flags — §720.304 (HOA) and §718.113(4) (condo). Under §720.304(2)(b), "Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner's real property … [if] the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement," and may display the U.S. flag plus one additional permitted flag; the permitted list in §720.304(2)(a) covers the U.S. flag, the Florida flag, armed-forces flags (including the Space Force), POW-MIA, and a first-responder flag. For condominiums, §718.113(4) allows one portable, removable U.S. flag displayed respectfully at any time, and, "on Armed Forces Day, Memorial Day, Flag Day, Independence Day, Patriot Day, and Veterans Day," official flags "that represent the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard," no larger than 4½ by 6 feet.^7,2

EV charging — §718.113(8)–(9) (condo). Section 718.113(8) protects a unit owner's right to install an EV charging station, or a natural-gas fuel station, within the owner's limited common element or exclusively designated parking area. A declaration or covenant "may not prohibit or be enforced so as to prohibit" it, and the board "may not prohibit" it, subject to code compliance, no irreparable damage, separate metering, owner cost responsibility, and reasonable safety and architectural conditions that may not effectively bar installation. Section 718.113(9) then lets the board install and operate charging on common elements and provides that such installation "does not constitute a material alteration or substantial addition." There is no Chapter 720 EV statute for HOAs; the declaration and §720.3045 govern.^2,11

Religious decorations — §718.113(6) (condo). An association "may not refuse the request of a unit owner for a reasonable accommodation for the attachment on the mantel or frame of the door of the unit owner of a religious object not to exceed 3 inches wide, 6 inches high, and 1.5 inches deep."²

Prohibited clauses — §720.3075 (HOA). The section lists provisions HOA documents may not contain, including any bar on an owner, tenant, guest, or invitee "parking his or her personal vehicle, including a pickup truck, in the property owner's driveway" or another area where they have a right to park; it also protects display of up to two flags under §720.304(2)(a) and certain energy fuel sources.⁹

Federal overlays. Three federal rules set the floor no matter what the declaration says. The Freedom to Display the American Flag Act of 2005 permits only reasonable safety restrictions on the U.S. flag. The FCC OTARD rule, 47 C.F.R. § 1.4000, bars restrictions that impair covered antennas and satellite dishes generally one meter or less. And the Fair Housing Act, 42 U.S.C. § 3604(f)(3)(A), requires an association to permit reasonable, owner-funded disability-related modifications.^14,10,15

Section 3 — Compliance obligations

A. Adopting and maintaining architectural standards

For HOAs, §720.3035(1) requires that architectural authority be specifically stated or reasonably inferred in the declaration or published guidelines, adopted in writing, and objective, and §720.3035(6) requires every HOA to adopt code-compliant hurricane-protection specifications. For condominiums, the authority derives from the declaration under §718.113, and §718.113(5) requires condo boards to adopt hurricane-protection specifications of their own.^1,2

B. Reviewing and deciding applications

For HOAs, apply the written standards reasonably and equitably under §720.3035(1)(a),(5), and do not lean on unwritten or subjective grounds; any construction denial must be written and must state with specificity the rule or covenant and the non-conforming aspect under §720.3035(4)(a). For condominiums, common-element material alterations require the declaration-specified approval, or 75 percent of the total voting interests if the declaration is silent, before the work begins.^1,2

C. Honoring statutory and federal owner protections

Several protections override the declaration. For both chapters, §163.04 forbids prohibiting solar and renewable devices. For HOAs, §373.185 protects Florida-friendly landscaping, and §720.3045, §720.304, and §720.3075 protect display and storage of not-visible items, flags, and driveway parking of pickup trucks. For condominiums, §718.113 protects flags, a religious object on the door frame, and EV charging. And the federal floor stands throughout: the Freedom to Display the American Flag Act, the FCC OTARD rule at 47 C.F.R. § 1.4000, and the Fair Housing Act's reasonable-modification right at 42 U.S.C. § 3604(f)(3)(A).^{6,8,10,11,14,15}

D. Enforcement and dispute resolution

The ARC decides applications, but it does not impose fines. HOA fines and suspensions under §720.305 require a committee of at least three members who are not officers, directors, or employees (or their relatives), at least 14 days' written notice of the right to a hearing, and a hearing within 90 days; a fine may not exceed $1,000 in the aggregate unless the governing documents provide otherwise, a fine under $1,000 cannot become a lien, and neither a fine nor a suspension may be imposed if the owner cures the violation before the hearing. HOA covenant- and architectural-enforcement disputes require pre-suit mediation under §720.311 before suit. Condominium disputes proceed through §718.1255, using nonbinding arbitration through the Division or pre-suit mediation. And HB 1203 layered damages and attorney-fee exposure on top for willful architectural infringement under §720.3035(4)(b).^4,3,5,1

Section 4 — Recent Activity

A. Recent bills

Florida has not been quiet. Over two sessions, lawmakers rewrote HOA architectural review, added a mandatory hurricane-protection regime, and overhauled the condominium and cooperative framework. Here are the three that carry the most weight.

B. Recent appellate rulings

Florida's appellate courts have been active on enforcement, and two Fourth District decisions now anchor how associations can enforce covenants. A Second District ruling rounds out the picture on condominium arbitration and selective enforcement.

C. Active legislative debates

One 2026 measure deserves attention. HB 657 (Community Associations) proposes a "Homeowners' Association Dissolution and Accountability Act," would authorize circuit courts to create community-association court programs, and would eliminate the pre-suit mediation requirement for community associations. That last piece matters most for the framework described in Section 3D: if it passes with the pre-suit-mediation repeal intact, the mandatory mediation gate under §720.311 for covenant and architectural disputes would no longer apply.²²

Section 5 — National positioning + related coverage

Florida stands as a two-chapter flagship jurisdiction, alongside California, for community-association architectural regulation. Its distinguishing features are a recently strengthened §720.3035, objective, written, equitably applied standards, plus a mandatory specific written denial and a damages and attorney-fee remedy for willful infringement, layered over a thick carve-out regime, solar under §163.04, Florida-friendly landscaping under §373.185, display and storage under §720.3045, flags under §720.304 and §718.113(4), and prohibited clauses under §720.3075, all resting on the federal floor. For a multi-state operator, the practical takeaway is direct: a Florida ARC's discretion runs materially narrower than in light-touch, declaration-first states such as Alabama and Arkansas, where architectural authority flows almost entirely from the recorded declaration with little statutory overlay.¹

The separate condominium track adds a second layer. Chapter 718, with its 75-percent-if-silent material-alteration rule, its distinct DBPR regulation, and the Condominium Ombudsman under §718.5012, means an operator cannot port a single "HOA" playbook across product types. HOA Weekly updates its Florida architectural-review coverage each quarter as the Legislature and the District Courts of Appeal act.^2,23

1. Fla. Stat. § 720.3035 (2025), Covenant enforcement and architectural control (official Florida Senate text; history through s. 1, ch. 2024-205 and s. 5, ch. 2024-221) ↩
2. Fla. Stat. § 718.113 (2025), Maintenance; limitation upon improvement; display of flag; hurricane protection; EV charging (official Florida Senate text; history through s. 9, ch. 2025-175) ↩
3. Fla. Stat. § 720.311 (2025), Dispute resolution; pre-suit mediation (official Florida Senate text) ↩
4. Fla. Stat. § 720.305 (2025), Obligations of members; remedies; fines and suspensions (official Florida Senate text) ↩
5. Fla. Stat. § 718.1255 (2025), Alternative dispute resolution; mandatory nonbinding arbitration (official Florida Senate text) ↩
6. Fla. Stat. § 163.04, Energy devices based on renewable resources (official Florida Legislature text; solar collectors and renewable-energy devices) ↩
7. Fla. Stat. § 720.304 (2025), Right of owners to peaceably assemble; display of flag; security measures; signs (official Florida Senate text) ↩
8. Fla. Stat. § 373.185 (2025), Local Florida-friendly landscaping ordinances (official Florida Senate text) ↩
9. Fla. Stat. § 720.3075 (2025), Prohibited clauses in association documents (official Florida Senate text) ↩
10. FCC Over-the-Air Reception Devices (OTARD) rule, 47 C.F.R. § 1.4000 (Electronic Code of Federal Regulations) ↩
11. Fla. Stat. § 720.3045 (2025), Installation, display, and storage of items (official Florida Senate text; history through s. 6, ch. 2024-221) ↩
12. Fla. Stat. § 718.303 (2025), Obligations of owners and occupants; remedies; fines and suspensions (official Florida Senate text) ↩
13. Sterling Village Condominium, Inc. v. Breitenbach, 251 So. 2d 685 (Fla. 4th DCA 1971) (defining "material alteration or addition") ↩
14. Freedom to Display the American Flag Act of 2005, Pub. L. 109-243, 120 Stat. 572, codified at 4 U.S.C. § 5 note ↩
15. Fair Housing Act, 42 U.S.C. § 3604(f)(3)(A); U.S. Dept. of Housing and Urban Development / Dept. of Justice joint statement on reasonable modifications ↩
16. Florida HB 1203 (2024), Homeowners' Associations, Ch. 2024-221, Laws of Florida (effective July 1, 2024) (official Florida Senate bill page) ↩
17. Florida HB 293 (2024), Hurricane Protections for Homeowners' Associations, Ch. 2024-205, Laws of Florida (effective May 28, 2024) (official Florida Senate bill page) ↩
18. Florida HB 913 (2025), Condominium and Cooperative Associations, Ch. 2025-175, Laws of Florida (effective July 1, 2025) (official Florida Senate bill page) ↩
19. Mooney v. Color Le Palais of Boynton Beach Homeowners Ass'n, Inc., Nos. 4D2024-0967 & 4D2024-2082 (Fla. 4th DCA Aug. 27, 2025) (official Fourth District Court of Appeal opinion) ↩
20. Park Crossing Homeowners Ass'n, Inc. v. Suarez, Nos. 4D2023-3116 & 4D2024-0170 (Fla. 4th DCA Apr. 30, 2025) (official Fourth District Court of Appeal opinion) ↩
21. Allison v. The Grand at Olde Carrollwood Condominium Ass'n, Inc., 369 So. 3d 1200 (Fla. 2d DCA 2023), No. 2D22-1521 ↩
22. Florida HB 657 (2026), Community Associations (official Florida Senate bill page) ↩
23. Fla. Stat. § 718.5012 (2025), Condominium Ombudsman; powers and duties (official Florida Senate text) ↩