Florida community association education. Reviewed November 4, 2026. General information, not legal advice.
Find the source of architectural authority
Section 720.3035 limits architectural control by Florida homeowners associations. The authority to review location, size, type or appearance must be stated or reasonably inferred in the declaration or in published standards authorized by the declaration. A committee cannot create unlimited design authority simply because it has historically reviewed applications.
For Northwest Florida communities, start with a version-controlled set of standards. Identify the declaration provision authorizing each guideline and show owners which version governs their application. Consistent enforcement matters, but consistently applying an unauthorized restriction does not make it valid.
Use specific reasons rather than taste
The association must apply authorized standards reasonably and equitably. If the documents offer material, design, size or location options, the committee cannot remove an owner's permitted choice through an informal preference. Setbacks also require review of the declaration and applicable governmental standards.
A denial must be in writing and identify both the rule or covenant relied on and the specific aspect of the proposed improvement that fails to comply. A statement that a proposal does not fit the neighborhood gives the owner little usable information and may omit the statutory detail. A well-written decision explains what was evaluated and what would need to change.
The statute also limits restrictions on nonvisible interiors and on certain nonvisible, substantially similar heating and cooling systems. Those provisions have specific visibility and similarity conditions. They should not be simplified into a statement that everything behind a fence is exempt from review.
Hurricane protection has its own protections
The hurricane-protection subsection applies to Florida homeowners associations regardless of when the community was created. The board or relevant committee must adopt specifications that comply with the applicable building code. Color and style may be included. An application conforming to the adopted specifications cannot be denied, while the statute permits adherence to an existing unified building scheme.
Hurricane protection includes more than removable shutters. The statutory list includes qualifying roof systems, impact-resistant windows and doors, reinforced garage doors and other identified protective products. Technical compliance should be confirmed with qualified professionals rather than assumed from a product advertisement.
Since July 1, 2026, section 720.3035 also prohibits requiring a governmental building permit as a prerequisite to architectural review. That sequencing rule does not eliminate permits or authorize construction before lawful governmental approval.
Board checklist
Audit the application form and published standards. Remove obsolete permit prerequisites. Maintain consistent submission requirements and a decision log. Review hurricane specifications with appropriate professionals. Give written, provision-specific reasons for denials. Distinguish association approval from county or municipal permission in every approval letter. Refer disputed authority, selective-enforcement concerns and unusual building conditions to counsel before imposing a sanction.