Florida community association education. Reviewed November 4, 2026. General information, not legal advice.
What changed
Florida HB 803 became Chapter 2026-63, effective July 1, 2026. Section 720.3035(1)(c) now prohibits an HOA or its architectural or similar committee from requiring a governmental building permit to be issued as a prerequisite to reviewing a parcel owner's proposed structure or improvement.
This is a concrete process change for Northwest Florida Chapter 720 homeowners associations. If an application form says the owner must first obtain a county or municipal permit before the committee will consider the project, the form needs review. A routine practice can conflict with the statute even when it was adopted for understandable administrative reasons.
What the change does not decide
The provision concerns the order of review. It does not say that government permits are unnecessary, that association approval authorizes unpermitted construction, or that every application must be approved. Owners still need to comply with applicable governmental requirements, and the association still must evaluate the proposal under lawful architectural authority.
Architectural authority comes from the declaration and authorized published standards. Section 720.3035 requires reasonable and equitable application of those standards. If a proposal is denied, the written notice must identify the controlling rule or covenant and the particular nonconforming aspect. A committee should not replace the forbidden permit prerequisite with an unrelated obstacle that has no support in its documents.
The change also does not answer every question about conditional approvals, revised drawings or projects that change during governmental review. Those situations require careful drafting and, where necessary, legal advice. Avoid adding an automatic expiration or resubmission condition without checking the association's authority.
A practical revised workflow
Give owners a clear list of the plans and specifications reasonably needed to evaluate the project. Separate association design review from governmental permitting in the instructions. Review the application under the applicable standards, document the decision and explain that any association approval does not substitute for permits or building-code compliance.
If later governmental requirements change the design, identify the lawful process for reviewing the changed aspects. Keep the original application, decision and revisions together so that the committee can explain what it approved. This is especially helpful when directors or managers change before construction is finished.
Board checklist
Search application packets, website instructions and standard letters for permit prerequisites. Remove or revise conflicting language after review. Train the manager and committee so that informal instructions match the written procedure. Confirm that the committee uses the current declaration-authorized standards. Retain specific written reasons for denials. Tell owners plainly that approval and permitting are separate obligations.
This article addresses Florida HOA architectural review. Condominium alterations and cooperative projects require analysis under their own statutes and documents. The statewide rule applies in Northwest Florida, but local permitting details should be confirmed with the relevant building authority rather than assumed from another municipality's process.