Florida Statutes 720.3035: HOA Architectural Review Limits and Hurricane Protection

Quick Answer

Section 720.3035 of the Florida Statutes limits what a homeowners' association and its architectural committee can review and enforce. Review authority exists only "to the extent that the authority is specifically stated or reasonably inferred" in the declaration or published guidelines the declaration authorizes. The section bars rules on interiors not visible from outside, requires a written denial that names the rule, requires the board to adopt hurricane protection specifications, and, since July 1, 2026, bars an association from requiring a government building permit as a prerequisite to its review.

At a Glance

What the Law Says

Scope of review, subsection (1)

The association or committee may review plans for the "location, size, type, or appearance" of a structure or improvement, or enforce external appearance standards, only to the extent the authority is "specifically stated or reasonably inferred" in the declaration or in published guidelines authorized by it. It "must reasonably and equitably apply and enforce" those standards on all owners.

Paragraph (1)(b) says an association may not enforce or adopt a covenant, rule or guideline that:

• limits or places requirements on the interior of a structure that is not visible from the parcel's frontage, an adjacent parcel, an adjacent common area or a community golf course; or
• requires review and approval of plans for a central air-conditioning, refrigeration, heating or ventilating system if it is not visible from those places and is "substantially similar to a system that is approved or recommended by the association or a committee thereof."

Paragraph (1)(c), added by chapter 2026-63, says the association or committee "may not require a building permit to be issued by a governmental authority to a parcel owner as a prerequisite for review by the association or committee concerning the construction of structures or improvements on the parcel."

Options, setbacks and consistency, subsections (2), (3) and (5)

• If the documents give options for materials, size, design or location, the association may not restrict the owner's right to choose among them.
• Unless the documents say otherwise, each parcel has one front for setback purposes. If the documents have no setback limits, the county or municipal setbacks apply, and the association may not enforce a setback inconsistent with them.
• The association may not enforce, or rely on in defending a case, a policy or restriction inconsistent with the owner's rights in the declaration or published guidelines, "whether uniformly applied or not."

Denials and damages, subsection (4)

If a request is denied, the association must give written notice "stating with specificity the rule or covenant on which the association or committee relied" and "the specific aspect or part of the proposed improvement that does not conform." An owner whose rights are unreasonably, knowingly and willfully infringed may recover damages, costs and reasonable attorney fees.

Hurricane protection, subsection (6)

• The board or committee "must adopt hurricane protection specifications for each structure or other improvement on a parcel." They may include color, style and "any other factor deemed relevant" and must comply with the applicable building code.
• Despite the governing documents, the board may not deny an application to install, enhance or replace hurricane protection that conforms to its specifications. It may still require adherence to "an existing unified building scheme regarding the external appearance."
• "Hurricane protection" includes, among other items, roof systems recognized by the Florida Building Code that meet ASCE 7-22, permanent fixed storm shutters, roll-down track storm shutters, impact-resistant windows and doors, polycarbonate panels, reinforced garage doors, erosion controls, exterior fixed generators and fuel storage tanks.

What This Means in Practice

For boards

Start with the declaration. If it does not give architectural authority over a topic, section 720.3035 says that authority is permitted only where "specifically stated or reasonably inferred." Rules written only in a rulebook, without a hook in the declaration or guidelines it authorizes, are exposed.

A denial letter should cite the specific rule and the specific part of the plan that does not conform. A general "does not meet standards" letter does not match subsection (4)(a). Hurricane protection specifications must exist in writing; once adopted, a conforming application cannot be denied.

After July 1, 2026, an application checklist that says "attach issued building permit" is a problem under paragraph (1)(c). Our reading is that associations can still ask for plans and specifications; the paragraph targets requiring an issued government permit before review begins. Confirm with counsel how to word the checklist.

For owners

You can generally choose among the options the documents list. Interior changes not visible from outside, and unseen HVAC systems similar to approved ones, are outside the association's review. If you are denied, the letter should name the rule and the part of your plan that conflicts.

Open questions (our reading)

• The statute does not set a deadline for the association to decide an application. Check the declaration and guidelines.
• "Reasonably inferred" is not defined. Expect disputes, and confirm with counsel.
• The history line lists amendments in 2024 (chapter 2024-205 and chapter 2024-221). We did not trace which chapter added which subsection, so we do not date subsection (6) more precisely than "2024 or later."

Timeline

Related Florida Law

• 2026 House Bill 803: the bill that added the building permit rule.
• 2024 hurricane protection bill page.
• Section 720.303: committees that approve or disapprove architectural decisions must meet openly, and may not vote by proxy or secret ballot.
• Section 720.305: fines for violations.
• Florida chapter 720 overview
• Florida HOA laws complete guide

Board Checklist

• Map each architectural rule to the declaration or published guidelines that authorize it.
• Remove or stop enforcing rules about interiors not visible from the frontage, adjacent parcels, common areas or golf course.
• Adopt written hurricane protection specifications that comply with the building code.
• Remove any application requirement that an owner first obtain a government building permit.
• Use a denial template that cites the specific rule and the specific nonconforming part of the plan.
• Do not rely on a policy that conflicts with the declaration, even if applied uniformly.
• Confirm that setback enforcement matches the declaration or, if silent, local setbacks.
• Check that architectural committee meetings follow the open-meeting rules in section 720.303.

Frequently Asked Questions

Can an HOA make me get a building permit before it reviews my plans?

Not since July 1, 2026. Paragraph (1)(c) says the association may not require a government-issued building permit "as a prerequisite for review." You may still need the permit from your local government for the work itself.

Can my HOA regulate the inside of my house?

Not if the interior is not visible from the parcel's frontage, an adjacent parcel, an adjacent common area or a community golf course. Paragraph (1)(b)1 bars those covenants, rules and guidelines.

Does my HOA have to approve hurricane shutters?

If your application conforms to the specifications the board adopted, the board may not deny it. The board must adopt specifications, which may cover color and style, and they must comply with the building code.

What does a denial letter have to say?

It must state "with specificity" the rule or covenant relied on and the specific aspect of the proposed improvement that does not conform.

What can I recover if the association wrongly blocks my project?

Under subsection (4)(b), if the association "unreasonably, knowingly, and willfully" infringes your rights, you may recover damages, costs and reasonable attorney fees. The standard is demanding.

Does this apply to older communities?

Subsection (6) on hurricane protection says it applies to all homeowners' associations "regardless of when the community was created." The other subsections do not contain that sentence, so confirm their reach with counsel.

Where This Comes From

We read the full text and history line of section 720.3035 in the 2026 Florida Statutes (section 720.3035) and the Florida Senate bill page for CS/CS/HB 803 (2026), which gives the chapter number, vote history, approval date and July 1, 2026 effective date. We did not read the enrolled bill's full text.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.