Published July 30, 2024
Architectural restrictions are one of the many reasons people purchase homes governed by homeowners’ association as they serve to preserve an aesthetic quality to the community and the value of the homes in the community. However, architectural restrictions are also historically a great source of contention between the Board or architectural review committee and the owners.
One of the ways to minimize such contention is to have architectural restrictions that are specific and detailed to avoid uncertainty which leads to disputes between the association and the owners. In 2007 the Florida legislature enacted Section 720.3035 of the Florida Statutes to govern architectural review covenants and owner improvements in an effort to decrease the number of disputes. This section required associations to have detailed architectural standards. Effective July 1, 2024, House Bill 1203 made significant changes to Chapter 720 of the Florida Statutes, also known as the Homeowners’ Association Act. One of the areas impacted by the Bill is the architectural review authority of homeowners’ associations, including revisions to Section 720.3035, Florida Statutes.
Changes made to Section 720.3035, Florida Statutes, prohibit an association, or an architectural review committee of the association, from adopting a covenant, rule or guideline limiting or restricting interior changes to a dwelling if the changes are not visible from the frontage of the parcel, an adjacent parcel, an adjacent parcel common area, or the community golf course. In addition, the association or architectural review committee may not require the review of plans and specifications for air conditioning systems, refrigeration systems, heating or ventilation systems that are not visible from the frontage of the parcel, an adjacent parcel, adjacent common area, or community golf course, if such systems are substantially similar to systems that have been approved by the architectural review committee or the association in the past. If the association or the architectural review committee denies a request or application for the construction of a structure or other improvement on a parcel, the association or committee must provide the owner with written notice of any denial of request for architectural modification, stating with specificity the rule or covenant the committee relied upon when denying the request and the specific aspect of the proposal that does not conform to such rule or covenant.
Section 720.3035, Florida Statutes, was further amended by another bill this legislative session, HB 293. The Legislature has stated its intent that HB 293 apply to all homeowners’ associations regardless of when created. This requires every homeowners’ association to adopt hurricane protection specifications for every parcel governed by the association. These may include the color and style of hurricane protection products and any other factor that the board finds relevant so long as the specifications comply with the applicable building code. The new section also provides a list of examples as to what the term “hurricane protection” means. For example, it includes certain roof systems, storm shutters, impact-resistant windows and doors, and more. The association or architectural review committee may not deny an application for the installation, enhancement, or replacement of hurricane protection that conforms to the specifications. The board or committee may require the owner to adhere to “an existing unified building scheme.” The association should work with its counsel in adopting and publishing such specifications.
Another section that was changed is Section 720.3045 of the Homeowners’ Association Act regarding the installation and storage of items by adding other areas from which backyard storage items cannot be visible. So long as backyard storage items, such as artificial turf, boats, flags, vegetable gardens, clotheslines, and recreational vehicles are not visible from the parcel’s frontage, an adjacent parcel, an adjacent common area, or a community golf course, the association may not restrict an owner from installing, displaying or storing such items.
With the changes in the law, the association should discuss architectural guidelines and policies with its counsel. If the association does not have a policy or guidelines, one should be developed. Moreover, associations should develop code-compliant hurricane specifications that ensure uniformity within the community while allowing owners to protect their property.
Top photo by iStockphoto.com/-Vladimir-
Karyan San Martano
Attorney at Law, Becker
Ft. Lauderdale | bio
